Bill Amendment: AZ HB2005 | 2019 | Fifty-fourth Legislature 1st Regular
Bill Title: Traffic survival school; required completion
Status: 2019-05-10 - Chapter 201 [HB2005 Detail]
Download: Arizona-2019-HB2005-HOUSE_-_Technology.html
Fifty-fourth Legislature Transportation
First Regular Session H.B. 2005
PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2005
(Reference to printed bill)
Page 1, strike lines 2 through 33, insert:
"Section 1. Section 28-1559, Arizona Revised Statutes, is amended to read:
28-1559. Traffic case records; abstract of record; reports
A. Each magistrate, judge or hearing officer of a court shall:
1. Keep or cause to be kept a record of each traffic complaint or other legal form of traffic charge deposited with or presented to the court or its traffic violations bureau.
2. Keep a record of each official action by the court or its traffic violations bureau in reference to each traffic complaint or other legal form of traffic charge deposited with or presented to the court or its traffic violations bureau, including but not limited to a record of:
(a) Each conviction, forfeiture of bail or deposit, judgment of acquittal or civil adjudication.
(b) The amount of the civil penalty, fine or forfeiture resulting from each traffic complaint deposited with or presented to the court or traffic violations bureau.
B. Within ten days after the conviction, judgment or forfeiture of bail or deposit of a person on a charge of violating chapter 3 or 4 of this title or this chapter or any other law regulating the operation of vehicles on highways, each magistrate of the court or clerk of the court of record in which the conviction or judgment was had or bail or deposit was forfeited shall prepare and immediately forward to the department an abstract of the record of the court covering the case in which the person either:
1. Was convicted.
2. Was adjudicated to have committed a civil traffic violation.
3. Forfeited bail or deposit.
C. The person required to prepare the abstract shall certify that it is true and correct.
D. A report is not required for either of the following:
1. A conviction or civil adjudication involving the illegal parking or standing of a vehicle.
2. A conviction or civil adjudication if the person who was convicted or adjudicated successfully completes defensive driving school pursuant to chapter 8, article 7 of this title after the conviction or civil adjudication.
E. The abstract shall be made on a form furnished or in a manner prescribed by the department and shall include:
1. The name and address of the party charged.
2. The number, if any, of the driver license of the party charged.
3. The registration number of the vehicle involved.
4. The nature of the offense or civil traffic violation.
5. The date of the hearing, the plea, the judgment or whether bail or deposit was forfeited.
6. The amount of the fine, civil penalty or forfeiture.
F. Each court of record shall also forward a like report to the department on the conviction of a person of homicide or aggravated assault resulting from the operation of a motor vehicle or any other felony in the commission of which a motor vehicle was used. To facilitate the preparation of the report, the sentencing minute entry that is issued by the court shall indicate if the person was convicted of an offense that required the mandatory revocation of a driver license pursuant to section 28‑3304, subsection A, paragraph 1, 2, 3, 4 or 5.
G. The department shall keep all abstracts received under this section for inspection as required by law.
H. Each judge, referee, hearing officer, probation officer or other person responsible for the disposition of cases involving traffic offenses or civil violations committed by persons under eighteen years of age shall:
1. Keep a full record of each case in which the person is charged with a violation of chapter 3 or 4 of this title or this chapter or any other law regulating the operation of vehicles on highways.
2. Report the offense or civil violation to the department at its office in Phoenix not more than thirty days after the date on which it was committed, except that a report is not required for parking violations or if it is found that the offense or civil violation was not committed.
I. The report required by subsection H of this section shall:
1. Be made on a form furnished or in a manner prescribed by the department.
2. Contain:
(a) All necessary information as to the identity of the offender.
(b) The citing or arresting agency.
(c) The date and nature of the offense or civil violation.
(d) The date of the hearing, the plea, the judgment or whether bail or deposit was forfeited.
(e) The amount of the fine, civil penalty or forfeiture.
J. Failure, refusal or neglect of a judicial officer to comply with this section is misconduct in office and grounds for removal from office."
Page 2, strike lines 32 through 43
Page 3, strike lines 1 through 5
Renumber to conform
Line 12, after "1." insert "Before the court issues a finding of responsibility for or conviction of a civil or criminal traffic citation,"
Strike line 13
Line 14, strike "traffic citation"
Line 15, after "include" insert "either:
(a)"
Page 3, line 16, strike the first "or" insert "for which the individual attended the school on the individual's driving record.
(b)"; after "responsibility" insert "for"
Line 17, strike "for" insert "of"
Line 18, after "record" insert "if all of the following apply:
(a) The person informs the court immediately on the finding of RESPONSIBILITY or conviction that the PERSON intends to attend DEFENSIVE driving school.
(b) The person pays all civil penalties, fines, surcharges, assessments and fees that the court imposes.
(c) the person completes the course within forty‑five days after the finding of responsibility or conviction"
Line 19, strike "or the"
Strike line 20
Line 21, strike "citation"
Strike lines 24 through 30 and insert:
"Sec. 4. Section 28-3396, Arizona Revised Statutes, as amended by Laws 2018, chapter 322, section 5, is amended to read:
28-3396. Court diversion fee
A. The presiding judge of each court shall:
1. Set the amount of the court diversion fee that an individual, including an individual who holds a commercial driver license, who attends a defensive driving school may be assessed.
2. Charge an individual a forty‑five dollar $45 surcharge if the individual attends a defensive driving school.
3. Immediately inform the supreme court in writing of the amount of the court diversion fee that is established for the court and the total cost to attend a defensive driving school.
4. Immediately inform the supreme court in writing of any changes in the total cost to attend a defensive driving school.
B. Payment of the court diversion fee and surcharge is in lieu of payment of a civil penalty or criminal fine and any surcharge that are imposed for a traffic violation, except that a person who completes defensive driving school after the person is found responsible for or convicted of a traffic violation shall not pay the court diversion fee and surcharge but shall pay a civil penalty or fine and surcharges that the court imposes for the violation.
C. The driving school shall collect the court diversion fee and surcharge before or at the time an individual attends the school. On receipt of the diversion fee, the defensive driving school shall transmit the fee promptly to the appropriate court pursuant to procedures prescribed by the supreme court. On receipt of the surcharge, the defensive driving school shall transmit the surcharge promptly to the state treasurer for deposit, pursuant to sections 35‑146 and 35‑147, as follows:
1. The first ten million four hundred thousand dollars $10,400,000 in revenue annually in the department of public safety forensics fund established by section 41‑1730.
2. All remaining money in the state general fund.
Sec. 5. Effective date
This act is effective from and after December 31, 2019."
Amend title to conform
