Arizona 2023 Regular Session

Arizona House Bill HB2419 Compare Versions

Only one version of the bill is available at this time.

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1	1	REFERENCE TITLE: moving violations; injured pedestrians; penalties State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023 HB 2419 Introduced by Representative Gress An Act amending section 28-672, Arizona Revised Statutes; relating to vehicle accidents. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9	9	REFERENCE TITLE: moving violations; injured pedestrians; penalties
10	10	State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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14	14	REFERENCE TITLE: moving violations; injured pedestrians; penalties
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40	40	HB 2419
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64	64	An Act
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68	68	amending section 28-672, Arizona Revised Statutes; relating to vehicle accidents.
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74	74	(TEXT OF BILL BEGINS ON NEXT PAGE)
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78	78	Be it enacted by the Legislature of the State of Arizona: Section 1. Section 28-672, Arizona Revised Statutes, is amended to read: START_STATUTE28-672. Causing serious physical injury or death by a moving violation; time limitation; penalties; violation; classification; definition A. A person is guilty of causing serious physical injury or death by a moving violation if the person violates any one of the following and the violation results in an accident causing serious physical injury or death to another person: 1. Section 28-645, subsection A, paragraph 3, subdivision (a). 2. Section 28-710. 3. Section 28-729. 4. Section 28-771. 5. Section 28-772. 6. Section 28-773. 7. Section 28-792. 8. Section 28-794. 9. Section 28-797, subsection F, G, H or I. 10. Section 28-855, subsection B. 11. Section 28-857, subsection A. 12. Section 28-914. B. A person who violates this section shall attend and successfully complete traffic survival school educational sessions that are designed to improve the safety and habits of drivers, and that are approved by the department and that include educational information relating to the rights of pedestrians, motorcycle operators and bicycle operators pursuant to this chapter. In addition, the court may order the person to perform community restitution. C. The court shall report a conviction for a violation of this section to the department and: 1. For a first violation of this section, shall direct the department to suspend the person's driving privilege or restrict the person's driving privilege as described in section 28-144 for: (a) At least ninety days and not more than one hundred eighty days if the violation results in serious physical injury. and (b) Except as provided in subdivision (c) of this paragraph, at least one hundred eighty days and not more than one year if the violation results in death. (c) At least one year if the violation results in death to a pedestrian, motorcycle operator or bicyclist. 2. For a second or subsequent violation of this section within a period of thirty-six months, shall direct the department to suspend the person's driving privilege for: (a) One hundred eighty days if the violation results in serious physical injury. and (b) Except as provided in subdivision (c) of this paragraph, one year if the violation results in death. (c) At least eighteen months if the violation results in the death of a pedestrian, motorcycle operator or bicyclist. D. If a person's driving privilege is suspended pursuant to any other statute because of an incident involving a violation of this section, the suspension period prescribed in subsection C of this section shall run consecutively with the other suspension period. E. If a person fails to successfully complete traffic survival school educational sessions or perform community restitution pursuant to this section, the court shall notify the department and the department shall promptly suspend the driver license or permit of the driver or the privilege of a nonresident to drive a motor vehicle in this state until the order is satisfied. F. If the person who suffers serious physical injury as a result of a violation of this section appears before the court in which the action is pending at any time before trial and acknowledges receipt of satisfaction for the injury, on payment of the costs incurred, the court shall order that the prosecution be dismissed and the defendant be discharged. The reasons for the order shall be set forth and entered of record, and the order shall be a bar to another prosecution for the same offense. G. Restitution awarded pursuant to section 13-603 as a result of a violation of this section shall not exceed $100,000. H. A prosecution for a violation of this section must be commenced within two years after actual discovery of the offense by the state or the political subdivision having jurisdiction or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs. I. A person who violates this section is guilty of a class 1 misdemeanor except that if the violation results in: 1. Serious physical injury to a pedestrian, motorcycle operator or bicyclist, the person is guilty of a class 6 felony and is subject to both: (a) a fine of at least $1,500. (b) At least thirty days of house arrest. 2. The death of a pedestrian, motorcycle operator or bicyclist, The person is guilty of a class 5 felony and is subject to both: (a) a fine of at least $5,000. (b) At least one hundred eighty days of house arrest. J. For the purposes of this section, "serious physical injury" has the same meaning prescribed in section 13-105. END_STATUTE Sec. 2. Short title This act may be cited as "Kong's Law".
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80	80	Be it enacted by the Legislature of the State of Arizona:
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82	82	Section 1. Section 28-672, Arizona Revised Statutes, is amended to read:
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84	84	START_STATUTE28-672. Causing serious physical injury or death by a moving violation; time limitation; penalties; violation; classification; definition
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86	86	A. A person is guilty of causing serious physical injury or death by a moving violation if the person violates any one of the following and the violation results in an accident causing serious physical injury or death to another person:
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88	88	1. Section 28-645, subsection A, paragraph 3, subdivision (a).
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90	90	2. Section 28-710.
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92	92	3. Section 28-729.
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94	94	4. Section 28-771.
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96	96	5. Section 28-772.
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98	98	6. Section 28-773.
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100	100	7. Section 28-792.
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102	102	8. Section 28-794.
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104	104	9. Section 28-797, subsection F, G, H or I.
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106	106	10. Section 28-855, subsection B.
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108	108	11. Section 28-857, subsection A.
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110	110	12. Section 28-914.
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112	112	B. A person who violates this section shall attend and successfully complete traffic survival school educational sessions that are designed to improve the safety and habits of drivers, and that are approved by the department and that include educational information relating to the rights of pedestrians, motorcycle operators and bicycle operators pursuant to this chapter. In addition, the court may order the person to perform community restitution.
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114	114	C. The court shall report a conviction for a violation of this section to the department and:
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116	116	1. For a first violation of this section, shall direct the department to suspend the person's driving privilege or restrict the person's driving privilege as described in section 28-144 for:
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118	118	(a) At least ninety days and not more than one hundred eighty days if the violation results in serious physical injury. and
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120	120	(b) Except as provided in subdivision (c) of this paragraph, at least one hundred eighty days and not more than one year if the violation results in death.
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122	122	(c) At least one year if the violation results in death to a pedestrian, motorcycle operator or bicyclist.
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124	124	2. For a second or subsequent violation of this section within a period of thirty-six months, shall direct the department to suspend the person's driving privilege for:
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126	126	(a) One hundred eighty days if the violation results in serious physical injury. and
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128	128	(b) Except as provided in subdivision (c) of this paragraph, one year if the violation results in death.
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130	130	(c) At least eighteen months if the violation results in the death of a pedestrian, motorcycle operator or bicyclist.
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132	132	D. If a person's driving privilege is suspended pursuant to any other statute because of an incident involving a violation of this section, the suspension period prescribed in subsection C of this section shall run consecutively with the other suspension period.
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134	134	E. If a person fails to successfully complete traffic survival school educational sessions or perform community restitution pursuant to this section, the court shall notify the department and the department shall promptly suspend the driver license or permit of the driver or the privilege of a nonresident to drive a motor vehicle in this state until the order is satisfied.
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136	136	F. If the person who suffers serious physical injury as a result of a violation of this section appears before the court in which the action is pending at any time before trial and acknowledges receipt of satisfaction for the injury, on payment of the costs incurred, the court shall order that the prosecution be dismissed and the defendant be discharged. The reasons for the order shall be set forth and entered of record, and the order shall be a bar to another prosecution for the same offense.
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138	138	G. Restitution awarded pursuant to section 13-603 as a result of a violation of this section shall not exceed $100,000.
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140	140	H. A prosecution for a violation of this section must be commenced within two years after actual discovery of the offense by the state or the political subdivision having jurisdiction or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs.
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142	142	I. A person who violates this section is guilty of a class 1 misdemeanor except that if the violation results in:
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144	144	1. Serious physical injury to a pedestrian, motorcycle operator or bicyclist, the person is guilty of a class 6 felony and is subject to both:
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146	146	(a) a fine of at least $1,500.
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148	148	(b) At least thirty days of house arrest.
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150	150	2. The death of a pedestrian, motorcycle operator or bicyclist, The person is guilty of a class 5 felony and is subject to both:
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152	152	(a) a fine of at least $5,000.
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154	154	(b) At least one hundred eighty days of house arrest.
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156	156	J. For the purposes of this section, "serious physical injury" has the same meaning prescribed in section 13-105. END_STATUTE
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158	158	Sec. 2. Short title
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160	160	This act may be cited as "Kong's Law".