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2008 Arizona Judicial Branch End-of Session Legislative Report Cover
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Chapter 18

HB2003

Effective Date
General

Item of interest to:
 
Justice Court:
Court Administrator
Clerk
Justice of the Peace
Municipal Court:
Court Administrator
Clerk
Judge/Magistrate
Administrative Office of the Courts

TRAFFIC SURVIVAL SCHOOL; MAXIMUM ENROLLMENT REP. Rep. Reagan

All traffic survival school classes (not defensive driving school classes) are limited to the lawful fire safety capacity of the facility in which the class meets.

Statute amended:  A.R.S. § 28-3307

Court Impact:  Informational, limits class size of traffic survival school classes to the lawful fire safety capacity of the facility in which the class meets.

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Chapter 39

HB2488

Effective Date
Delayed
01/01/2009

Item of interest to:
Superior Court:
Court Administrator
Judge
Justice Court:
Court Administrator
Clerk
Justice of the Peace
Municipal Court:
Court Administrator
Clerk
Judge/Magistrate
Administrative Office of the Courts

CERTIFIED DEFENSIVE DRIVING SCHOOLS; NOTICE
Rep. Jim Weiers

The court’s prerogative to contract with a primary defensive driving school provider is eliminated. The court is prohibited from promoting or favoring a particular defensive driving school.

A violator may attend any defensive driving school that complies with the court’s automation and reporting requirements. A violator may attend another Supreme Court certified defensive driving school on application to the court if the violator shows that attending any of the defensive driving schools that comply with the court automation and reporting requirements creates a hardship.

A law enforcement officer or a jurisdiction issuing a civil traffic citation must provide notice to the violator that the person may attend any of the Supreme Court certified driving schools, if eligible.

Statute amended:  A.R.S. § 28-3393

Court Impact:  A.R.S. 28-3393 is amended to remove the courts ability to contract with specific driving schools as primary providers. Allows that an eligible defendant who elects to attend DDS may attend any school that is certified by the Supreme Court and complies with the courts automation requirements. The citing officer must give the defendant notice that they may attend DDS and a court may not promote particular DDS providers over other certified schools. New codes for the Arizona of Judicial Administration have been drafted for comment to implement with the changes.

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Chapter 142

HB2088

Effective Date
General

Item of interest to:
Superior Court:
Court Administrator
Justice Court:
Court Administrator
Clerk
Justice of the Peace
Municipal Court:
Court Administrator
Clerk
Judge/Magistrate
Administrative Office of the Courts

MOTOR CARRIER SAFETY, VEHICLE EQUIPMENT
Rep. Biggs

The statute regarding limitations of hours placed on motor carriers or private carrier drivers found in Title 23, Labor, is repealed.

Changes to laws dealing with additional lighting on a bus, truck, truck tractor, trailer, semi-trailer and pole trailer are enacted. Changes to some of the laws dealing with required brake equipment are enacted.

Changes to certain definitions in Title 28, Chapter 14 are also enacted. However, there is a conflict with Chapter 147 regarding the definition of “commercial motor vehicle” and “lightweight motor vehicle”

Statutes amended:  A.R.S. §§ 23-286.01, 28-929, 28-931, 28-935, 28-945, 28-952, 28-956, 28-5201, 28-5204
Statute repealed:  A.R.S. §23-286

Court Impact:  Adds additional safety equipment requirements for trucks, buses, tractors, and pole trailers. Changes to definitions include striking the definition of "Declared gross weight" and reducing the weight for a "Lightweight motor vehicle" from twenty thousand pounds to eighteen thousand pounds. Definitions section is amended but does not conform to the changes in 28-5201 as amended by Chapter 147.

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Chapter 143

HB2093

Effective Date
Delayed
01/01/200

Item of interest to:
Superior Court:
Clerk of the Court
Court Administrator
Clerk
Judge
Justice Court:
Court Administrator
Clerk
Justice of the Peace
Municipal Court:
Court Administrator
Clerk
Judge/Magistrate
Administrative Office of the Courts

SCHOOL CROSSINGS
Rep. Biggs

The doubling of civil penalties for violations in a school crossing zone is only required if signage is present indicating that the civil penalty will be doubled. The statute is reorganized, with separate subsections for violations with the “fines doubled” sign present and for violations without the “fines doubled” violations present.

Conforming changes are made to A.R.S. § 28-672, Causing serious injury or death by a moving violation, § 28-675, Causing death by use of a vehicle and § 28-676, Causing serious injury by use of a vehicle.

Statutes amended:  A.R.S. §§ 28-672, 28-675, 28-676 and 28-797

Court Impact:  Establishes new violations for school zone crossings that increases the civil penalty by the amount of the base fine, if the required signage is present. Surcharges do not apply to the increased penalty. The bill splits former 28-797E and adds the existing violation as 28-797(F), also adds new violations as sections 28-797(H) and 28-797(I). Additional assessment for H and I are equal to base fine and are not subject to surcharges. The change requires the court to update their automation system.

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Chapter 147

HB2088

Effective Date
General

Item of interest to:
Superior Court:
Court Administrator
Justice Court:
Court Administrator
Clerk
Justice of the Peace
Municipal Court:
Court Administrator
Clerk
Judge/Magistrate
Administrative Office of the Courts

COMMERCIAL MOTOR VEHICLES; TRAILERS
Rep. Biggs

The definition of “commercial motor vehicle” is revised in both Title 28, Chapter 6, Traffic Regulation and Chapter 14, Motor Carrier Safety. The definitions are not identical. For the purposes of Title 28, Chapter 14, the definition of “motor carrier” encompasses a commercial motor vehicle only. The applicability of Title 28, Chapter 14, centering on the revised definition of “commercial motor vehicle” is redefined.

There is a conflict with Chapter 142 regarding the definition of “Commercial Motor Vehicle” and “Lightweight Motor Vehicle.”

An equipment violation listed in Title 28, Chapter 14, unless requiring an out of service order, is classified as a civil traffic violation.

Statutes amended:  A.R.S. §§ 28-601, 28-5201, 28-5202, 28-5204, 28-5240, 28-5242, 28-5432,
Statutes created:  A.R.S. §§ 28-1111, 28-5245

Court Impact:  ARES 28-5245 is added to specify that an equipment violation of this chapter (or any rule adopted pursuant to this chapter) is a civil traffic violation unless the violation requires issuance of an out-of-service order pursuant to section 28-5241. Equipment violations may pertain to safety violations or hazardous material violations and courts will need to determine if an out of service order has been issued to determine if the violation is a misdemeanor. Definitions section is amended but does not conform to the changes in 28-5201 as amended by Chapter 142.

Makes all R-17 equipment violations civil traffic violations unless the vehicle is given an "out of service order" in which case the charge is a misdemeanor violation. The change requires the court to update their automation system.

Creates civil traffic violations for commercial motor vehicle for equipment violations in Title 28, Chapter 14. See chapter142.

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Chapter 256

HB2643

Effective Date
Delayed
01/01/2009

tem of interest to:
Superior Court:
Chief Probation Officer
Clerk of Court
Court Administrator
Judge
Clerk
Jury Commissioner/Manager
Justice Court:
Court Administrator
Justice of the Peace
Clerk
Jury Commissioner/Manager
Municipal Court:
Court Administrator
Judge/Magistrate
Clerk
Jury Commissioner/Manager
Administrative Office of the Courts

LIQUOR; RESTAURANT LICENSES; CONTINUED OPERATION
Rep. Crandall

Note: Due to the numerous changes to the OUI statutes this summary will set forth the law as amended, not just the changes.

Boating - General

  • Leaving the scene of an accident is modified to more closely mirror Leaving the scene of a driving accident (§5-349).
  • The offense of Unlawful flight from a law enforcement officer for boaters is established, similar to that for drivers, a Class 5 felony. The law enforcement watercraft must be appropriately marked, however there is no lights and siren requirement (§5-391).

OUI – General (§5-395)

  • The prosecutor must allege all priors committed within eighty-four months.

OUI, non-extreme – First offense (§5-395, 5-391.01)

  • Minimum sentence is 10 consecutive days in jail and the defendant is not eligible for probation, suspension, or execution of sentence unless the entire sentence is served. The judge may suspend any imposed sentence for a first violation if the person completes a court ordered alcohol or other drug screening, education or treatment program. However, if the court determines the defendant recklessly endangered another person with a substantial risk of physical injury the court may suspend only 9 days.
  • Minimum fine is $250.
  • Community restitution is optional.
  • An additional assessment of $500 for the prison construction fund is imposed. The assessment is not subject to surcharge.
  • An additional assessment of $500 for the state general fund (changed to the Public Safety Equipment Fund by HB 2210) is imposed. The assessment is not subject to surcharge.
  • Alcohol or drug screening is mandatory.
  • Alcohol or drug education or treatment is discretionary.

Second Offense OUI, non - extreme (§5-395.01)

  • Look back period is 84 months.
  • Minimum sentence is 90 days in jail, 30 of which must be served consecutively and the defendant is not eligible for probation, suspension, or execution of sentence unless the entire sentence is served. Except if the court determines the person if the court determines the defendant recklessly endangered another person with a substantial risk of physical injury, the court may suspend all but 30 days if the defendant completes a court ordered alcohol or drug screening, education or treatment program.
  • Minimum fine is $500.
  • Mandatory thirty hours of community restitution, however if the defendant fails to complete the community restitution alternative sanctions may be imposed.
  • An additional assessment of $1,250 for the prison construction fund is imposed. The assessment is not subject to surcharge.
  • An additional assessment of $1,250 for the state general fund (changed to the Public Safety Equipment Fund by HB 2210) is imposed. The assessment is not subject to a surcharge.

Blood Alcohol Testing (§5-395.02, 5-395.04)

  • OUI breath testing rules are corresponded to that of DUI.
  • Removes DHS as a certifying agency.
  • Changes the observation period to 15 minutes.

Implied Consent (§5-393.03)

  • Sanction for refusal is repealed

Aggravated OUI (§5-396)

  • Aggravated OUI, a Class 6 felony is established; if a person under 15 years of age is aboard the motorized watercraft and either:
    • The person recklessly endangers another,
    • Has a prior OUI,
    • Commits an Extreme OUI.
  • Look back period is 84 months.
  • Penalties for OUI with a child in the boat are the same as those of the underlying misdemeanor offense.
  • Minimum fine is $750.
  • An additional assessment of $250 assessment for the DUI abatement fund imposed.
  • An additional assessment of $1,500 for the prison construction fund is imposed. The assessment is not subject to surcharge.
  • An additional assessment of $1,500 for the state general fund (changed to the Public Safety Equipment Fund by HB 2210) is imposed. The assessment is not subject to surcharge.
  • Aggravated OUI based upon two prior convictions is a Class 4 Felony.

Extreme OUI (5-397)

  • Extreme OUI is divided into two paragraphs, a BAC of .15 - and .20 (§5-397A1) and .20 or more (§5-397A2).
  • A person convicted of a violation of §5-397A1 must serve no less than 30 days in jail, and is not eligible for probation, suspension, or execution of sentence until the entire sentence is served. The judge may suspend all but 10 days of the sentence if the person completes a court ordered alcohol or other drug screening, education, or treatment program.
  • A person convicted of §5-397A2 must serve no less than 45 consecutive days in jail and is not eligible for probation, suspension, or execution of sentence until the entire sentence is served.
  • Minimum fine for Extreme OUI (§5-397A1) is $250,
  • Minimum fine for Extreme OUI (§5-397A2) is $500.
  • An additional assessment of $250 for the DUI abatement fund imposed.
  • Optional community restitution.
  • An additional assessment of $1,000 for the prison construction fund is imposed. The assessment is not subject to surcharge.
  • An additional assessment of $1,000 for the state general fund (changed to the Public Safety Equipment Fund by HB 2210) is imposed. The assessment is not subject to surcharge.

Second offense Extreme OUI – (§5-397)

  • Look back period is 84 months
  • If a person is convicted of Extreme OUI with a prior under §5-397A1,the person must serve no less than 120 days in jail, 60 days of the sentence must be served consecutively. The judge may suspend all but 60 days of the sentence if the person completes a court ordered alcohol or drug screening, education, or treatment program.
  • If the person is convicted of Extreme OUI with a violation of §5-397A2, the person must serve no less than 180 days in jail and 90 days must be served consecutively.
  • Minimum fine for OUI (§5-397A1) violation is $500
  • Minimum fine for OUI (§5-397A2) is $1,000.
  • An additional assessment of $250 assessment for the DUI abatement fund imposed.
  • Mandatory 30 hours of community restitution. If the person fails to complete community restitution the court may impose alternative sanctions.
  • An additional assessment of $1,250 for the prison construction fund is imposed. The assessment is not subject to surcharge.
  • An additional assessment of $1,250 for the state general fund (changed to the Public Safety Equipment Fund by HB 2210) is imposed. The assessment is not subject to surcharge.

Other provisions

  • Extends the look back period for DUI committed by a juvenile to 84 months, (§8-343).
  • A member of the DUI oversight council may serve consecutive terms as chair (§28-1303).
  • Additional monies are deposited into the DUI abatement fund consisting of a percentage of the restaurant liquor license fee and OUI assessments §28-1304).

DUI Provisions

  • A driver license or privilege suspended pursuant to the implied consent law may only be reinstated following the period of suspension if the violator completes alcohol or other drug screening ordered by the department (MVD). (§28-1321)
  • Splits Extreme DUI into two paragraphs (A1 and A2) in order to resolve the ambiguity in current statute as to a BAC of .15 - and .20 (§28-1382 A1) and .20 or more (§28-1382 A2).
  • Resolves the sentencing conflict in Chapters 195 and 219 from last year by removing the authority of the judge to suspend any of the minimum jail sentence in an extreme DUI (§28-1382 E is repealed).
  • The judge may order alternative sanctions if a person fails to complete mandatory community restitution and the court determines alternative sanctions more appropriate (§28-1387).
  • After conviction of a DUI, the court may accept evidence of a person’s completion of an alcohol or other drug screening, education or treatment program ordered by MVD as sufficient to meet the criminal statutory requirements, or the court may order the person to complete additional alcohol or drug screening, education, or treatment §28-1387).
  • If a person previously completed alcohol or drug screening the judge must order the person to complete an alcohol or other drug screening, education, or treatment program unless the court deems that alternative sanctions are more appropriate (§28-1387).
  • Enacts mandatory alcohol or drug screening provisions tied to administrative per se (§28-1445).
  • Authorizes the court to request ignition interlock device results from the installer of the device (§28-1461).

Administrative Per se (§28-1385)

  • Expands the Administrative per se law to include arrests for homicide, endangerment and aggravated assault involving a motor vehicle and also to include situations where the blood test result is unavailable at the time of test.
  • Requires the BAC test result, if it is unavailable at the time of test, to be forwarded to MVD before the administrative hearing.
  • Adds to the content of the pending order of suspension:
    • The person’s driving privilege cannot be reinstated unless the person completes alcohol or other drug screening.
    • Information on alcohol or other drug education and treatment programs that are provided by a facility approved by DHS.
  • MVD may reinstate the person’s driving privilege, license, permit or right to apply for license following the suspension only if the violator completes alcohol or other drug screening (also §28-1445).
  • Requires the person who is ordered to complete alcohol or other drug screening to report completion to MVD and to pay the costs involved with the screening.
  • Requires a person who caused a death and whose license was administratively suspended to serve the entire 90 day license suspension.
  • Requires MVD to notify the person in writing of the results of the blood or breath alcohol test and pending actions if the officer does not serve a pending order of suspension.

Statute Impacted: A.R.S. § 4-213, 5-302, 5-321.01, 5-349, 5-391, 5-395, 5-395.01, 5-395.02, 5-395.03, 5-395.04, 5-396, 5-397, 8-343, 9-499.07, 11-459, 28-1303, 28-1304, 28-1321, 28-1382, 28-1385, 28-1387, 28-1402, 28-1403, 28-1442, 28-1461, 28-3319, 41-1651
Statute created: A.R.S. §28-1445

Court Impact: See the new BUI, DUI, & FUI chart post separately on the supreme court website for sentencing provisions.

Conforms OUI in most circumstances to DUI offenses including an 84 month look back period. Adds a class 6 felony for person who flee or attempt to elude a appropriately marked law enforcement watercraft. Removes the civil penalty for refusing a test or tests of the person's blood, breath, urine or other bodily substance for the purpose of determining alcohol concentration or drug content. Separates offenses for extreme DUI into separate categories for .15 or more and less than .20 and .20 or more. Adds separate provisions for department to order alcohol screening for admin per se violations. The court may accept evidence the person completed alcohol or other drug screening, education or treatment program pursuant to the department order as sufficient to meet the requirements of this section or may order the person to complete additional alcohol or other drug screening, education or treatment programs. If a person has previously been ordered to complete an alcohol or other drug screening, education or treatment program pursuant to this section, the judge shall order the person to complete an alcohol or other drug screening, education or treatment program unless the court determines that alternative sanctions are more appropriate. If a person fails to complete the community restitution ordered pursuant to section 28-1381, subsection k or section 28-1382, subsection e, the court may order alternative sanctions if the court determines that alternative sanctions are more appropriate.

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Chapter 294

SB1167

Effective Date
Delayed
1/1/2009

Item of interest to:
Superior Court:
Court Administrator
Justice Court:
Court Administrator
Justice of the Peace
Clerk
Municipal Court:
Court Administrator
Judge/Magistrate
Clerk
Administrative Office of the Courts

USER FEES; OFF-HIGHWAY VEHICLES
Sen. Linda Gray

In pertinent part, the current off-highway vehicle (OHV) violation section is expanded by making it a Class 3 misdemeanor for a person to drive an OHV:

  • Off an existing road, trail or route in a manner that causes damage to wildlife habitat, riparian areas, cultural or natural resources or property improvements
  • On roads, trails, routes or areas closed as indicated in rule or by proper posting (if private land)
  • Over unimproved roads, trails, routes or areas unless driving on roads, trails, routes or areas where driving is allowed
  • In a manner that damages the environment (as specified)

It is also a Class 3 misdemeanor to:

  • Fail to drive an OHV on a road, trail, route or area opened as indicated by the governing entity
  • Place or remove a regulatory sign governing OHV use, if the person is not authorized to do so.

OHVs are required to be equipped with specific devices relating to safety and noise dissipation. A violation of the equipment requirements is classified as a civil traffic violation. Any person that owns an OHV, all-terrain vehicle or off-road recreational motor vehicle must apply for a license plate for the vehicle.

Statute Amended: A.R.S. § 32-2065, 36-2901.03, 36-2912
Statutes Created: A.R.S. §36-2912.04, 36-2981.01, 41-3016.28
Statutes Repealed: A.R.S. § 28-1171, 28-1174, 28-1175, and 28-1176

Court Impact: A number of restrictions relating to driving off highway vehicles are added to Title 28 Courts should be aware of the effect of this bill that adds A.R.S. § 28-1174A1 as a class 2 misdemeanor, A.R.S. § 28-1174A2-A4, B, C and D as class 3 misdemeanors, A.R.S. § 28-1179A1-A5 and B as civil traffic violations, and A.R.S. § 28-2512A as a civil traffic violation. All (off highway) violations of Title 28, Chapter 3, Article 20 not classified as misdemeanors are civil traffic offenses, see A.R.S. § 28-1181. The changes require courts to update their automation system.

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