Bill Text: AZ SB1400 | 2018 | Fifty-third Legislature 2nd Regular | Engrossed
Bill Title: Aggravated DUI; sentence; county jail
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-04-17 - Chapter 256 [SB1400 Detail]
Download: Arizona-2018-SB1400-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fifty-third Legislature Second Regular Session 2018
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SENATE BILL 1400 |
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AN ACT
amending sections 28‑1383, 28‑1443 and 41-2405, Arizona Revised Statutes; relating to aggravated driving under the influence.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-1383, Arizona Revised Statutes, is amended to read:
28-1383. Aggravated driving or actual physical control while under the influence; county jail program; annual report; violation; classification; definition
A. A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does any of the following:
1. Commits a violation of section 28‑1381, section 28‑1382 or this section while the person's driver license or privilege to drive is suspended, canceled, revoked or refused or while a restriction is placed on the person's driver license or privilege to drive as a result of violating section 28‑1381 or 28‑1382 or under section 28‑1385.
2. Within a period of eighty-four months commits a third or subsequent violation of section 28‑1381, section 28‑1382 or this section or is convicted of a violation of section 28‑1381, section 28‑1382 or this section and has previously been convicted of any combination of convictions of section 28‑1381, section 28‑1382 or this section or acts in another jurisdiction that if committed in this state would be a violation of section 28‑1381, section 28‑1382 or this section.
3. While a person under fifteen years of age is in the vehicle, commits a violation of either:
(a) Section 28‑1381.
(b) Section 28‑1382.
4. While the person is ordered by the court or required pursuant to section 28‑3319 by the department to equip any motor vehicle the person operates with a certified ignition interlock device, commits a violation of section 28‑1381, section 28‑1382 or this section.
B. The dates of the commission of the offenses are the determining factor in applying the eighty-four month provision provided in subsection A, paragraph 2 of this section regardless of the sequence in which the offenses were committed. For the purposes of this section, a third or subsequent violation for which a conviction occurs does not include a conviction for an offense arising out of the same series of acts. The time that a probationer is found to be on absconder status or the time that a person is incarcerated in any state, federal, county or city jail or correctional facility is excluded when determining the eighty-four month period provided in subsection A, paragraph 2 and subsection E of this section.
C. The notice to a person of the suspension, cancellation, revocation or refusal of a driver license or privilege to drive is effective as provided in section 28‑3318 or pursuant to the laws of the state issuing the license.
D. A person is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than four months in prison if the person is convicted under either of the following:
1. Subsection A, paragraph 1 of this section.
2. Subsection A, paragraph 2 of this section and within an eighty‑four month period has been convicted of two prior violations of section 28‑1381, section 28‑1382 or this section, or any combination of those sections, or acts in another jurisdiction that if committed in this state would be a violation of section 28‑1381, section 28‑1382 or this section.
E. A person who is convicted under subsection A, paragraph 2 of this section and who within an eighty-four month period has been convicted of three or more prior violations of section 28‑1381, section 28‑1382 or this section, or any combination of those sections, or acts in another jurisdiction that if committed in this state would be a violation of section 28‑1381, section 28‑1382 or this section is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than eight months in prison.
F. A person who is convicted under subsection A, paragraph 3, subdivision (a) of this section shall serve at least the minimum term of incarceration required pursuant to section 28‑1381.
G. A person who is convicted under subsection A, paragraph 3, subdivision (b) of this section shall serve at least the minimum term of incarceration required pursuant to section 28‑1382.
H. A person who is convicted of a violation of this section shall attend and complete alcohol or other drug screening, education or treatment from an approved facility. If the person fails to comply with this subsection and is placed on probation, in addition to the provisions of section 13‑901 the court may order that the person be incarcerated as a term of probation as follows:
1. For a person sentenced pursuant to subsection D of this section, for an individual period of not more than four months and a total period of not more than one year.
2. For a person sentenced pursuant to subsection E of this section, for an individual period of not more than eight months and a total period of not more than two years.
I. The time that a person spends in custody pursuant to subsection H of this section shall not be counted towards the sentence imposed if the person's probation is revoked and the person is sentenced to prison after revocation of probation.
J. On a conviction for a violation of this section, the court:
1. Shall report the conviction to the department. On receipt of the report, the department shall revoke the driving privilege of the person. The department shall not issue the person a new driver license within one year of the date of the conviction and, if the violation involved intoxicating liquor, shall require the person to equip any motor vehicle the person operates with a certified ignition interlock device pursuant to section 28‑3319. In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than twenty‑four months beginning on the date of reinstatement of the person's driving privilege following a suspension or revocation or on the date of the department's receipt of the report of conviction, whichever occurs later. The person who operates a motor vehicle with a certified ignition interlock device under this paragraph shall comply with article 5 of this chapter.
2. In addition to any other penalty prescribed by law, shall order the person to pay an additional assessment of two hundred fifty dollars. If the conviction occurred in the superior court or a justice court, the court shall transmit the monies received pursuant to this paragraph to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the monies received pursuant to this paragraph to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer. The state treasurer shall deposit the monies received in the driving under the influence abatement fund established by section 28‑1304. Any fine imposed for a violation of this section and any assessments, restitution and incarceration costs shall be paid before the assessment prescribed in this paragraph.
3. Shall order the person to pay a fine of not less than seven hundred fifty dollars.
4. In addition to any other penalty prescribed by law, shall order the person to pay an additional assessment of one thousand five hundred dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41‑1651. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.
5. In addition to any other penalty prescribed by law, shall order the person to pay an additional assessment of one thousand five hundred dollars to be deposited by the state treasurer in the public safety equipment fund established by section 41‑1723. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.
K. After completing the period of suspension required by section 28‑1385, a person whose driving privilege is revoked for a violation of subsection A, paragraph 3 of this section may apply to the department for a special ignition interlock restricted driver license pursuant to section 28‑1401.
L. The court may order a person who is convicted of a violation of this section that does not involve intoxicating liquor to equip any motor vehicle the person operates with a certified ignition interlock device pursuant to section 28‑3319. On receipt of the report of the conviction and certified ignition interlock device requirement, the department shall require the person to equip any motor vehicle the person operates with a certified ignition interlock device pursuant to section 28‑3319. In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than twelve months beginning on the date of reinstatement of the person's driving privilege following a suspension or revocation or on the date of the department's receipt of the report of conviction, whichever occurs later. The person who operates a motor vehicle with a certified ignition interlock device under this subsection shall comply with article 5 of this chapter.
M. The sheriff of a county with a population of less than five hundred thousand persons may establish an aggravated driving under the influence jail program. If the sheriff establishes an aggravated driving under the influence jail program, the program may not be implemented until the state department of corrections enters into an agreement with the county board of supervisors pursuant to section 31‑234 to facilitate the program. Notwithstanding subsections D and E of this section, if the violation occurs in a county that has established and implemented an aggravated driving under the influence jail program or in a county that is contiguous to a county that has established and implemented an aggravated driving under the influence jail program and the person is placed on probation, the mandatory term of incarceration that the person would otherwise serve in prison may be served in the jail of the county that established and implemented the program. A person who is incarcerated in a county jail pursuant to this subsection is not eligible for any release, work detail or monitoring program that the person would not otherwise be eligible for if incarcerated in prison. A county sheriff who establishes an aggravated driving under the influence jail program pursuant to this subsection shall submit an annual report to the Arizona criminal justice commission that contains the data that the Arizona statistical analysis center determines is necessary to prepare a recidivism report pursuant to section 41-2405.
M. N. Aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs committed under:
1. Subsection A, paragraph 1, 2 or 4 of this section is a class 4 felony.
2. Subsection A, paragraph 3 of this section is a class 6 felony.
N. O. For the purposes of this section, "suspension, cancellation, revocation or refusal" means any suspension, cancellation, revocation or refusal.
Sec. 2. Section 28-1443, Arizona Revised Statutes, is amended to read:
28-1443. Minimum or medium security facility
A. A city, town or county may establish a minimum or medium security facility for the confinement of persons convicted of a violation of section 28‑1381, or 28‑1382 or 28‑1383.
B. A judge may order a person sentenced pursuant to section 28‑1381, or 28‑1382 or 28‑1383 to serve the person's sentence in a minimum or medium security facility if one has been established.
C. The state department of corrections may enter into an agreement with a county, city or town pursuant to title 11, chapter 7, article 3 for the incarceration in a minimum or medium security facility of persons sentenced pursuant to section 28‑1381, or 28‑1382 or 28‑1383.
Sec. 3. Section 41-2405, Arizona Revised Statutes, is amended to read:
41-2405. Arizona criminal justice commission; powers and duties; staff
A. The Arizona criminal justice commission shall:
1. Monitor the progress and implementation of new and continuing criminal justice legislation.
2. Facilitate research among criminal justice agencies and maintain criminal justice system information.
3. Facilitate coordinated statewide efforts to improve criminal justice information and data sharing.
4. Prepare for the governor a biennial criminal justice system review report. The report shall contain:
(a) An analysis of all criminal justice programs created by the legislature in the preceding two years.
(b) An analysis of the effectiveness of the criminal code, with a discussion of any problems and recommendations for revisions if deemed necessary.
(c) A study of the level of activity in the several areas of the criminal justice system, with recommendations for redistribution of criminal justice revenues if deemed necessary.
(d) An overall review of the entire criminal justice system, including crime prevention, criminal apprehension, prosecution, court administration and incarceration at the state and local levels as well as funding needs for the system.
(e) Recommendations for constitutional, statutory and administrative revisions that are necessary to develop and maintain a cohesive and effective criminal justice system.
5. Provide supplemental reports on criminal justice issues of special timeliness.
6. In coordination with other governmental agencies, gather information on programs that are designed to effectuate community crime prevention and education using citizen participation and on programs for alcohol and drug abuse prevention, education and treatment and disseminate that information to the public, political subdivisions, law enforcement agencies and the legislature.
7. Make recommendations to the legislature and the governor regarding the purposes and formula for allocation of fund monies as provided in section 41‑2401, subsection D and section 41‑2402 through the biennial agency budget request.
8. Adopt rules for the purpose of allocating fund monies as provided in sections 41‑2401, 41‑2402 and 41‑2407 that are consistent with the purposes set forth in those sections and that promote effective and efficient use of the monies.
9. Make reports to the governor and the legislature as they require.
10. Oversee the research, analyses, studies, reports and publication of crime and criminal justice statistics prepared by the Arizona statistical analysis center, which is an operating section of the Arizona criminal justice commission.
11. Prepare an annual report on law enforcement activities in this state that are funded by the drug and gang enforcement fund or the criminal justice enhancement fund and that relate to illicit drugs and drug related gang activity. The report shall be submitted by October 31 of each year to the governor, the president of the senate and the speaker of the house of representatives and a copy shall be submitted to the secretary of state. The report shall include:
(a) The name and a description of each law enforcement program dealing with illegal drug activity or street gang activity, or both.
(b) The objective and goals of each program.
(c) The source and amount of monies received by each program.
(d) The name of the agency or entity that administers each program.
(e) The effectiveness of each program.
12. Compile and disseminate information on best practices for cold case investigations, including effective victim communication procedures. For the purposes of this paragraph, "cold case" means a homicide or a felony sexual offense that remains unsolved for one year or more after being reported to a law enforcement agency and that has no viable and unexplored investigatory leads.
13. Beginning January 1, 2019, submit an annual recidivism report to the legislature that compares the recidivism rate for a person who serves a term of mandatory incarceration in a county jail pursuant to section 28‑1383 and a person who serves that term of mandatory incarceration in prison.
B. The Arizona criminal justice commission, as necessary to perform its functions, may:
1. Request any state or local criminal justice agency to submit any necessary information.
2. Form subcommittees, make studies, conduct inquiries and hold hearings.
3. Subject to chapter 4, article 4 of this title, employ consultants for special projects and such staff as deemed necessary or advisable to carry out this section.
4. Delegate its duties to carry out this section, including:
(a) The authority to enter into contracts and agreements on behalf of the commission.
(b) Subject to chapter 4, article 4 and, as applicable, articles 5 and 6 of this title, the authority to appoint, hire, terminate and discipline all personnel of the commission, including consultants.
5. Establish joint research and information facilities with governmental and private agencies.
6. Accept and expend public and private grants of monies, gifts and contributions and expend, distribute or allocate monies appropriated to the commission for the purpose of enhancing efforts to investigate or prosecute and adjudicate any crime and to implement this chapter.
