Arizona 2023 2023 Regular Session

Arizona House Bill HB2419 Comm Sub / Analysis

Filed 01/30/2023

                      	HB 2419 
Initials JB/LM 	Page 1 	Transportation & Infrastructure 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
First Regular Session 
 
 
HB2419: moving violations; injured pedestrians; penalties 
Sponsor: Representative Gress, LD 4 
Committee on Transportation & Infrastructure 
Overview 
Includes educational information relating to the rights of pedestrians, motorcycle operators and 
bicycle operators in the traffic school educational sessions for a person causing a moving 
violation. Makes a person guilty of a class 5 felony if a moving violation results in the death of a 
pedestrian, motorcycle operator or bicyclist.  
History 
A person is guilty of causing serious physical injury or death by a moving violation if the person 
violates applicable traffic law and the violation results in an accident-causing serious physical 
injury or death to another person. A court must report a conviction of a moving violation to The 
Arizona Department of Transportation (ADOT). The court must: 
1) for a first violation, direct ADOT to suspend the person's driving privilege or restrict the 
person's driving privilege for at least 90 days and not more than 180 days if the violation 
results in a serious physical injury and at least 180 days and not more than one year if the 
violation results in death; and  
2) for a second or subsequent violation within a period of 36 months, direct ADOT to suspend 
the person's driving privileges for 180 days if the violation results in a serious physical 
injury or one year if the violation results in death.  
A person guilty of causing serious physical injury or death by a moving violation must attend and 
complete traffic survival school educational sessions designed to improve the safety and habits 
of drivers that is approved by ADOT. A person who violates applicable traffic law is guilty of a 
class 1 misdemeanor (A.R.S. § 28-672). 
Provisions 
1. Makes a person guilty of a class 5 felony and subject to a fine of at least $5,000 and 180 days 
of house arrest if a moving violation results in the death of a pedestrian, motorcycle operator 
or bicyclist. (Sec. 1) 
2. Makes a person guilty of a class 6 felony and subject to a fine of at least $1,500 and 30 days 
of house arrest If a moving violation results in serious physical injury to a pedestrian, 
motorcycle operator or bicyclist. (Sec. 1) 
3. Requires traffic survival school educational sessions designed to improve the safety and 
habits of drivers to include educational information relating to the rights of pedestrians, 
motorcycle operators and bicycle operators. (Sec. 1) 
4. Requires ADOT to suspend or restrict a person's driving privileges for at least one year for a 
first-time moving violation if the violation results in the death of a pedestrian, motorcycle 
operator or bicyclist. (Sec. 1)  
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note    	HB 2419 
Initials JB/LM 	Page 2 	Transportation & Infrastructure 
5. Directs ADOT to suspend a person's driving privileges for at least 18 months for a second or 
subsequent moving violation within a period of 36 months if the moving violation results in the 
death of a pedestrian, motorcycle operator or bicyclist. (Sec. 1)  
6. States, as session law, the act may be cited as Kong's Law. (Sec. 2) 
7. Makes technical and conforming changes. (Sec. 1)