Bill Text: AZ HB2904 | 2021 | Fifty-fifth Legislature 1st Regular | Engrossed
Bill Title: Restricted license; DUI; suspension
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2021-06-25 - House miscellaneous motion: Rep. Toma moved that rules be suspended and House Bill 2904 be immediately placed under the order of business Third Reading of bills for the purpose of substitution of bills on Third Reading [HB2904 Detail]
Download: Arizona-2021-HB2904-Engrossed.html
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House Engrossed
restricted license; DUI; suspension |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HOUSE BILL 2904 |
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AN ACT
amending sections 28-144, 28-693, 28-695, 28-708, 28-1385, 28-1387, 28-1401, 28-3304, 28-3315, 28-3412 and 28-3413, Arizona Revised Statutes; relating to driving.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-144, Arizona Revised Statutes, is amended to read:
28-144. Driver license or permit restrictions
A. Except as otherwise provided by law, a restriction on a person's driver license or permit to drive as a result of a conviction for a violation of this title may limit the person's privilege to drive for the following applicable purposes:
1. Between the person's residence and place of employment during specified periods of time while at employment.
2. Between the person's residence or place of employment and the person's school according to the person's employment or education schedule.
3. Between the person's residence, place of employment or school and the office of a health professional as defined in section 32-3201.
4. Between the person's residence, place of employment or school and a screening, education or treatment facility for scheduled appointments.
5. Between the person's residence, place of employment or school and the office of the person's probation officer for scheduled appointments, including any appointment that is required to fulfill a condition or requirement that is imposed on the person by this state or a political subdivision of this state.
6. Between the person's residence, place of employment or school and a certified ignition interlock device service facility.
7. Between the person's residence and a location designated for the purpose of parenting time as defined in section 25-401.
8. To transport a dependent person who is living with the driver, between the driver's or dependent person's residence and the dependent person's employment, school or medical appointment.
9. Between the person's residence and court-ordered screening, education or treatment for scheduled appointments.
B. The provisions of This section do does not apply to a person who is the holder of a commercial driver license issued pursuant to this title.
Sec. 2. Section 28-693, Arizona Revised Statutes, is amended to read:
28-693. Reckless driving; violation; classification; license; surrender
A. A person who drives a vehicle in reckless disregard for the safety of persons or property is guilty of reckless driving.
B. A person who is convicted of reckless driving is guilty of a class 2 misdemeanor.
C. In addition, the judge may require the surrender to a police officer of any driver license of the convicted person, shall report the conviction to the department and may order the driving privileges of the person to be suspended for a period of not more than ninety days. On receipt of the abstract of conviction and order, the department shall suspend the driving privilege of the person for the period of time ordered by the judge.
D. If a person who is convicted of a violation of this section has been previously convicted of a violation of this section, section 13-1102 or section 13-1103, subsection A, paragraph 1, in the driving of a vehicle, or section 28-694, 28-708, 28-1381, 28-1382 or 28-1383 within a period of twenty-four months:
1. The person is guilty of a class 1 misdemeanor.
2. The person is not eligible for probation, pardon, suspension of sentence or release on any basis until the person has served not less than twenty days in jail.
3. The judge may require the surrender to a police officer of any driver license of the person and shall immediately forward the abstract of conviction to the department.
4. On receipt of the abstract of conviction, the department shall revoke suspend the driving privilege of the person for one year.
E. In applying the twenty-four month period provision of subsection D of this section, the dates of the commission of the offense shall be the determining factor, irrespective of the sequence in which the offenses were committed. A second or subsequent violation for which a conviction occurs as provided in this section does not include a conviction for an offense arising out of the same series of acts.
F. On pronouncement of a jail sentence under this section, and after the court receives confirmation that the person is employed or is a student, the court may provide in the sentence that if the defendant is employed or is a student the defendant can continue employment or schooling for not more than twelve hours per day nor more than five days per week. The defendant shall spend the remaining days or parts of days in jail until the sentence is served and shall be allowed out of jail only long enough to complete the defendant's actual hours of employment or schooling.
G. After completing not less than forty-five consecutive days of the suspension period required by subsection D of this section, a person whose driving privilege is suspended for a violation of this section and who is sentenced pursuant to subsection D of this section may apply to the department for a restricted driver license that allows the person to operate a motor vehicle during the period of suspension subject to the restrictions described in section 28-144.
Sec. 3. Section 28-695, Arizona Revised Statutes, is amended to read:
28-695. Aggressive driving; violation; classification; definition
A. A person commits aggressive driving if both of the following occur:
1. During a course of conduct the person commits a violation of either section 28-701, subsection A or section 28-701.02 and at least two of the following violations:
(a) Failure to obey traffic control devices as provided in section 28-644.
(b) Overtaking and passing another vehicle on the right by driving off the pavement or main traveled portion of the roadway as provided in section 28-724.
(c) Unsafe lane change as provided in section 28-729.
(d) Following a vehicle too closely as provided in section 28-730.
(e) Failure to yield the right-of-way as provided in article 9 of this chapter.
2. The person's driving is an immediate hazard to another person or vehicle.
B. A person convicted of aggressive driving is guilty of a class 1 misdemeanor.
C. In addition to any other penalty prescribed by law:
1. A person convicted of a violation of this section shall attend and successfully complete approved traffic survival school educational sessions that are designed to improve the safety and habits of drivers and that are approved by the department.
2. The court shall forward the abstract of conviction to the department and may order the department to suspend the person's driving privilege for thirty days.
D. If a person who is convicted of a violation of this section has been previously convicted of a violation of this section within a period of twenty-four months:
1. The person is guilty of a class 1 misdemeanor.
2. In addition to any other penalty prescribed by law, the court shall forward the abstract of conviction to the department. On receipt of the abstract of conviction, the department shall revoke suspend the driving privilege of the person for one year.
E. The dates of the commission of the offense determine whether subsection D of this section applies. A second or subsequent violation for which a conviction occurs as provided in this section does not include a conviction for an offense arising out of the same series of acts.
F. After completing not less than forty-five consecutive days of the suspension period required by subsection D of this section, a person whose driving privilege is suspended for a violation of this section and who is sentenced pursuant to subsection D of this section may apply to the department for a restricted driver license that allows the person to operate a motor vehicle during the period of suspension subject to the restrictions described in section 28-144.
F. G. For the purposes of this section, "course of conduct" means a series of acts committed during a single, continuous period of driving.
Sec. 4. Section 28-708, Arizona Revised Statutes, is amended to read:
28-708. Racing on highways; violation; classification; exception; definitions
A. A person shall not drive a vehicle or participate in any manner in a race, speed competition or contest, drag race or acceleration contest, test of physical endurance or exhibition of speed or acceleration or for the purpose of making a speed record on a street or highway.
B. A person who violates this section is guilty of a class 1 misdemeanor. If a person is convicted of a second or subsequent violation of this section within twenty-four months of after a first conviction, the person is guilty of a class 6 felony and is not eligible for probation, pardon, suspension of sentence or release on any other basis until the person has served not less than ten days in jail or prison.
C. A person who is convicted of a first violation of this section shall pay a fine of not less than two hundred fifty dollars $250 and may be ordered by the court to perform community restitution.
D. A person who is convicted of a subsequent violation of this section shall pay a fine of not less than five hundred dollars $500 and may be ordered by the court to perform community restitution.
E. On pronouncement of a jail sentence under this section and in cases of extreme hardship, the court may provide in the sentence that if the defendant is employed or attending school and can continue employment or school the defendant may continue the employment or school for not more than twelve hours per day nor more than five days per week, and the defendant shall spend the remaining days or parts of days in jail until the sentence is served. The court may allow the defendant to be out of jail only long enough to complete the defendant's actual hours of employment or school.
F. If a person is convicted of violating this section, the judge may require the surrender to a police officer of any driver license of the person and immediately forward the abstract of conviction to the department. On a first conviction, the judge may order the suspension of the driving privileges of the person for a period of not more than ninety days. In the case of a first conviction and on receipt of the abstract of conviction and order of the court, the department shall suspend the driving privileges of the person for the period of time ordered by the judge. In the case of a second or subsequent conviction for an offense committed within a period of twenty-four months and on receipt of the abstract of conviction, the department shall revoke suspend the driving privileges of the person for one year.
G. The director may authorize in writing an organized and properly controlled event to utilize use a highway or part of a highway even though it is prohibited by this section. The authorization shall specify the time of the event, the highway or part of a highway to be utilized used and any special conditions the director may require for the particular event.
H. After completing not less than forty-five consecutive days of the suspension period required by subsection F of this section, a person whose driving privilege is suspended for a violation of this section and who is sentenced pursuant to subsection F of this section may apply to the department for a restricted driver license that allows the person to operate a motor vehicle during the period of suspension subject to the restrictions described in section 28-144.
H. I. For the purposes of this section:
1. "Drag race" means either:
(a) The operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other.
(b) The operation of one or more vehicles over a common selected course and from the same point for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit.
2. "Racing" means the use of one or more vehicles in an attempt to outgain or outdistance another vehicle or prevent another vehicle from passing.
Sec. 5. Section 28-1385, Arizona Revised Statutes, is amended to read:
28-1385. Administrative license suspension for driving under the influence or for homicide or assault involving a motor vehicle; report; hearing; summary review; ignition interlock device requirement
A. A law enforcement officer shall forward to the department a certified report as prescribed in subsection B of this section, subject to the penalty for perjury prescribed by section 28-1561, if both of the following occur:
1. The officer arrests a person for a violation of section 4-244, paragraph 34, section 28-1381, section 28-1382 or section 28-1383 or for a violation of title 13, chapter 11 or section 13-1201 or 13-1204 involving a motor vehicle.
2. The person submits to a test of the person's blood, or breath, alcohol test urine or other bodily substance that is permitted by section 28-1321 or any other law or a sample of blood is obtained pursuant to section 28-1388 and the results are either not available or the results indicate any of the following:
(a) 0.08 or more alcohol concentration in the person's blood or breath.
(b) 0.04 or more alcohol concentration in the person's blood or breath if the person was driving or in actual physical control of a commercial motor vehicle.
(c) Any drug defined in section 13-3401 or its metabolite is in the person's body except if the person possesses a valid prescription for the drug.
B. The officer shall make the certified report required by subsection A of this section on forms supplied or approved by the department. The report shall state information that is relevant to the enforcement action, including:
1. Information that adequately identifies the arrested person.
2. A statement of the officer's grounds for belief that the person was driving or in actual physical control of a motor vehicle in violation of section 4-244, paragraph 34, section 28-1381, section 28-1382 or section 28-1383 or committed a violation of title 13, chapter 11 or section 13-1201 or 13-1204 involving a motor vehicle.
3. A statement that the person was arrested for a violation of section 4-244, paragraph 34, section 28-1381, section 28-1382 or section 28-1383 or for a violation of title 13, chapter 11 or section 13-1201 or 13-1204 involving a motor vehicle.
4. A report of the results of the blood or breath alcohol test that was administered, if the results are available.
C. If a breath test is administered, A law enforcement agency shall forward the certified report that is required by subsection A of this section to the department within thirty days after the arrest occurs. If a sample of blood, urine or other bodily substance is obtained, the law enforcement agency shall forward the certified report that is required by subsection A of this section to the department within thirty days after the date the report of the analysis is provided to the law enforcement agency. If a report is not forwarded to the department within the time limit prescribed by this subsection, the report is inadmissible in a hearing held pursuant to this section unless the violation listed in subsection A of this section resulted in a death or serious physical injury. For the purposes of this subsection "serious physical injury" has the same meaning prescribed in section 13-105.
C. D. The officer shall also serve an order of suspension on the person on behalf of the department. The order of suspension:
1. Is effective fifteen days after the date it is served.
2. Shall require the immediate surrender of any license or permit to drive that is issued by this state and that is in the possession or control of the person.
3. Shall contain information concerning the right to a summary review and hearing, including information concerning the hearing as required by section 28-1321, subsections G and H.
4. Shall be accompanied by printed forms that are ready to mail to the department, that the person may fill out and sign to indicate the person's desire for a hearing and that advise the person that the person may alternatively submit an online request for a hearing.
5. Shall be entered on the department's records on receipt of the report by the officer and a copy of the order of suspension.
6. Shall inform the person that the person's driving privilege, license, permit, right to apply for a license or permit or nonresident operating privilege may be issued or reinstated following the period of suspension only if the person completes alcohol or other drug screening.
7. Shall contain information on alcohol or other drug education and treatment programs that are provided by a facility approved by the department of health services.
D. E. If the blood test result is unavailable at the time the test is administered, the result shall be forwarded to the department before the hearing held pursuant to this section in a form prescribed by the director.
E. F. If the license or permit is not surrendered pursuant to subsection C D of this section, the officer shall state the reason for the nonsurrender. If a valid license or permit is surrendered, the officer shall issue a temporary driving permit that is valid for fifteen days. The officer shall forward a copy of the completed order of suspension and a copy of any completed temporary permit to the department within five days after the issuance of the order of suspension along with the report. The law enforcement agency may do either of the following with a valid license or permit that is surrendered pursuant to this section:
1. In compliance with sections 41-151.15 and 41-151.19, destroy the license or permit.
2. Forward the license or permit to the department within five days after the issuance of the notice of suspension.
F. G. The department shall suspend the affected person's license or permit to drive or right to apply for a license or permit or any nonresident operating privilege for not less than ninety consecutive days from that date. If the person is otherwise qualified, the department may reinstate the person's driving privilege, license, permit, right to apply for a license or permit or nonresident operating privilege following the period of suspension only if the violator completes alcohol or other drug screening.
G. H. Notwithstanding subsections A, through F b, C, D, E, F and G of this section, the department shall suspend the driving privileges of the person described in subsection A of this section for not less than thirty consecutive days and shall restrict the driving privileges of the person for not less than sixty consecutive additional days to travel between the person's place of employment and residence and during specified periods of time while at employment, to travel between the person's place of residence and the person's secondary or postsecondary school, according to the person's employment or educational schedule, to travel between the person's place of residence and the office of the person's probation officer for scheduled appointments or to travel between the person's place of residence and a screening, education or treatment facility for scheduled appointments if the person:
1. Did not cause death or serious physical injury as defined in section 13-105 to another person during the course of conduct out of which the current action arose.
2. Has not been convicted of a violation of section 4-244, paragraph 34, section 28-1381, section 28-1382 or section 28-1383 within eighty-four months of the date of commission of the acts out of which the current action arose. The dates of commission of the acts are the determining factor in applying the eighty-four month provision.
3. Has not had the person's privilege to drive suspended pursuant to this section or section 28-1321 within eighty-four months of the date of commission of the acts out of which the current action arose.
4. Provides satisfactory evidence to the department of the person's completion of alcohol or other drug screening that is ordered by the department. If the person does not complete alcohol or other drug screening, the department may impose a ninety day suspension pursuant to this section.
H. I. If the officer does not serve an order of suspension pursuant to subsection C D of this section and if the department does not receive the report of the results of the blood or breath alcohol test pursuant to subsection B, paragraph 4 of this section, but subsequently receives the results and the results indicate 0.08 or more alcohol concentration in the person's blood or breath, a blood or breath alcohol concentration of 0.04 or more and the person was driving or in actual physical control of a commercial motor vehicle or any drug defined in section 13-3401 or its metabolite in the person's body and the person does not possess a valid prescription for the drug, the department shall notify the person named in the report in writing sent by mail that fifteen days after the date of issuance of the notice the department will suspend the person's license or permit, driving privilege or nonresident driving privilege. The notice shall also state that the department will provide an opportunity for a hearing and administrative review if the person requests a hearing or review in writing and the request is received by the department within fifteen days after the notice is sent.
I. J. A timely request for a hearing stays the suspension until a hearing is held, except that the department shall not return any surrendered license or permit to the person but may issue temporary permits to drive that expire no later than when the department has made its final decision. If the person is a resident without a license or permit or has an expired license or permit, the department may allow the person to apply for a restricted license or permit. If the department determines the person is otherwise entitled to the restricted license or permit, the department shall issue, but retain, the license or permit, subject to this section. All hearings requested under this section shall be conducted in the same manner and under the same conditions as provided in section 28-3306.
J. K. For the purposes of this section, the scope of the hearing shall include only the following issues:
1. Whether the officer had reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor or drugs.
2. Whether the person was placed under arrest for a violation of section 4-244, paragraph 34, section 28-1381, section 28-1382 or section 28-1383 or for a violation of title 13, chapter 11 or section 13-1201 or 13-1204 involving a motor vehicle.
3. Whether a test was taken, the results of which indicated any of the following:
(a) An alcohol concentration in the person's blood or breath at the time the test was administered of either:
(i) 0.08 or more.
(ii) 0.04 or more if the person was driving or in actual physical control of a commercial motor vehicle.
(b) Any drug defined in section 13-3401 or its metabolite in the person's body except if the person possesses a valid prescription for the drug.
4. Whether the testing method used was valid and reliable.
5. Whether the test results were accurately evaluated.
K. L. The results of the blood or breath alcohol test shall be admitted on establishing the requirements in section 28-1323 or 28-1326.
L. M. If the department determines at the hearing to suspend the affected person's privilege to operate a motor vehicle, the suspension provided in this section is effective fifteen days after giving written notice of the suspension, except that the department may issue or extend a temporary license that expires on the effective date of the suspension. If the person is a resident without a license or permit or has an expired license or permit to operate a motor vehicle in this state, the department shall deny the issuance of a license or permit to the person for not less than ninety consecutive days. The department may reinstate the person's driving privilege, license, permit, right to apply for a license or permit or nonresident operating privilege following the period of suspension only if the violator completes alcohol or other drug screening.
M. N. A person may apply for a summary review of an order issued pursuant to this section instead of a hearing at any time before the effective date of the order. A timely request for summary review stays the suspension until a decision is issued. The person shall submit the application in writing to any department driver license examining office together with any written explanation as to why the department should not suspend the driving privilege. The department shall review all reports submitted by the officer and any written explanation submitted by the person and shall determine if the order of suspension should be sustained or cancelled. The department shall not hold a hearing, and the review is not subject to title 41, chapter 6. The department shall notify the person of its decision.
N. O. If the suspension or determination that there should be a denial of issuance is not sustained after a hearing or review, the ruling is not admissible in and does not have any effect on any civil or criminal court proceeding.
O. P. If it has been determined under the procedures of this section that a nonresident's privilege to operate a motor vehicle in this state has been suspended, the department shall give information either in writing or by electronic means of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which the person has a license.
Sec. 6. Section 28-1387, Arizona Revised Statutes, is amended to read:
28-1387. Prior convictions; alcohol or other drug screening, education and treatment; license suspension; supervised probation; civil liability; procedures
A. The court shall allow the allegation of a prior conviction or any other pending charge of a violation of section 28-1381, 28-1382 or 28-1383 or an act in another jurisdiction that if committed in this state would be a violation of section 28-1381, 28-1382 or 28-1383 filed twenty or more days before the date the case is actually tried and may allow the allegation of a prior conviction or any other pending charge of a violation of section 28-1381, 28-1382 or 28-1383 or an act in another jurisdiction that if committed in this state would be a violation of section 28-1381, 28-1382 or 28-1383 filed at any time before the date the case is actually tried if this state makes available to the defendant when the allegation is filed a copy of any information obtained concerning the prior conviction or other pending charge. Any conviction may be used to enhance another conviction irrespective of the dates on which the offenses occurred within the eighty-four month provision. For the purposes of this article, an order of a juvenile court adjudicating a person delinquent is equivalent to a conviction.
B. In addition to any other penalties prescribed by law, the judge shall order a person who is convicted of a violation of section 28-1381, 28-1382 or 28-1383 to complete alcohol or other drug screening that is provided by a facility approved by the department of health services, the United States department of veterans affairs or a probation department. If a judge determines that the person requires further alcohol or other drug education or treatment, the person may be required pursuant to court order to obtain alcohol or other drug education or treatment under the court's supervision from an approved facility. The judge may review an education or treatment determination at the request of the state, the defendant or the probation officer or on the judge's initiative. The person shall pay the costs of the screening, education or treatment unless, after considering the person's ability to pay all or part of the costs, the court waives all or part of the costs. If a person is referred to a screening, education or treatment facility, the facility shall report to the court whether the person has successfully completed the screening, education or treatment program. The court may accept evidence of a person's completion of alcohol or other drug screening pursuant to section 28-1445 as sufficient to meet the requirements of this section or section 28-1381, 28-1382 or 28-1383 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.
C. After a person who is sentenced pursuant to section 28-1381, subsection I has served twenty-four consecutive hours in jail or after a person who is sentenced pursuant to section 28-1381, subsection K or section 28-1382, subsection D or E has served forty-eight consecutive hours in jail and after the court receives confirmation that the person is employed or is a student, the court shall provide in the sentence that the defendant, if the defendant is employed or is a student and can continue the defendant's employment or schooling, may continue the employment or schooling for not more than twelve hours a day nor more than six days a week, unless the court finds good cause to not allow the release and places those findings on the record. The person shall spend the remaining day, days or parts of days in jail until the sentence is served and shall be allowed out of jail only long enough to complete the actual hours of employment or schooling.
D. Unless the license of a person convicted under section 28-1381 or 28-1382 has been or is suspended pursuant to section 28-1321 or 28-1385, the department on receipt of the abstract of conviction of a violation of section 28-1381 or 28-1382 shall suspend the license of the affected person for not less than ninety consecutive days.
E. When the department receives notification that the person meets the criteria provided in section 28-1385, subsection G H, the department shall suspend the driving privileges of the person for not less than thirty consecutive days and shall restrict the person's driving privileges as described in section 28-144 for not less than sixty consecutive additional days.
F. If a person is placed on probation for violating section 28-1381 or 28-1382, the probation shall be supervised unless the court finds that supervised probation is not necessary or the court does not have supervisory probation services.
G. Any political subdivision processing or using the services of a person ordered to perform community restitution pursuant to section 28-1381 or 28-1382 does not incur any civil liability to the person ordered to perform community restitution as a result of these activities unless the political subdivision or its agent or employee acts with gross negligence.
H. The court may order alternative sanctions to community restitution that is ordered pursuant to section 28-1381, subsection K or section 28-1382, subsection E if the court determines that education, treatment or other alternative sanctions are more appropriate.
I. Except for another violation of this article, the state shall not dismiss a charge of violating any provision of this article unless there is an insufficient legal or factual basis to pursue that charge.
Sec. 7. Section 28-1401, Arizona Revised Statutes, is amended to read:
28-1401. Special ignition interlock restricted driver licenses; application fee
A. A person whose class D or class G license has been suspended pursuant to section 28-1385 or suspended or revoked for a first refusal pursuant to section 28-1321, a second violation of section 28-1381 or 28-1382 or a first violation of section 28-1383, subsection A, paragraph 3 may apply to the department for a special ignition interlock restricted driver license that allows a person to operate a motor vehicle during the period of suspension or revocation subject to the restrictions described in section 28-144 and the certified ignition interlock device requirements prescribed in article 5 of this chapter if the person's privilege to operate a motor vehicle has been suspended or revoked due to an alcohol related offense pursuant to any of the following:
1. Section 28-1321, if the person meets the criteria of section 28-1321, subsection P.
2. Section 28-1381, if the person meets the criteria of section 28-1381, subsection O and the person presents evidence that is satisfactory to the director and that shows that the person has completed the requirements prescribed in section 28-1387, subsection B.
3. Section 28-1382, if the person meets the criteria of section 28-1382, subsection H and the person presents evidence that is satisfactory to the director and that shows that the person has completed the requirements prescribed in section 28-1387, subsection B.
4. Section 28-1383, if the person meets the criteria of section 28-1383, subsection L and the person presents evidence that is satisfactory to the director and that shows that the person has completed the requirements prescribed in section 28-1387, subsection B.
5. Section 28-1385, if the person meets the criteria of section 28-1385, subsection G H.
B. An applicant for a special ignition interlock restricted driver license shall pay an application fee in an amount to be determined by the director.
C. The department shall issue a special ignition interlock restricted driver license during the period of a court ordered court-ordered restriction pursuant to sections 28-3320 and 28-3322 subject to the restrictions described in section 28-144 and the certified ignition interlock requirements prescribed in article 5 of this chapter.
D. If the department issues a special ignition interlock restricted driver license, the department shall not delete a suspension or revocation from its records.
E. The granting of a special ignition interlock restricted driver license does not reduce or eliminate the required use of an ignition interlock device pursuant to section 28-3319.
Sec. 8. Section 28-3304, Arizona Revised Statutes, is amended to read:
28-3304. Mandatory revocation of license; definition
A. In addition to the grounds for mandatory revocation provided for in chapters 3, 4 and 5 of this title, the department shall immediately revoke the license of a driver on receipt of a record of the driver's conviction of any of the following offenses if the conviction is final:
1. A homicide or aggravated assault resulting from the operation of a motor vehicle.
2. A felony in the commission of which a motor vehicle is used.
3. Theft of a motor vehicle pursuant to section 13-1802.
4. Unlawful use of means of transportation pursuant to section 13-1803.
5. Theft of means of transportation pursuant to section 13-1814.
6. Drive by shooting pursuant to section 13-1209.
7. Failure to stop and render aid as required under the laws of this state if a motor vehicle accident results in the death or personal injury of another.
8. Perjury or the making of a false affidavit or statement under oath to the department under this chapter or under any other law relating to the ownership or operation of a motor vehicle.
9. Conviction or forfeiture of bail not vacated on a second or subsequent charge of the following offenses that are committed within eighty-four months:
(a) Reckless driving.
(b) Racing on highways.
(c) Any combination of a violation of section 28-1381 or 28-1382 and reckless driving, of a violation of section 28-1381 or 28-1382 and racing on highways, or of reckless driving and racing on highways, if they do not arise out of the same event.
10. 9. Conviction or forfeiture of bail not vacated on a second charge of violating section 28-1381 or 28-1382 within eighty-four months.
11. 10. Conviction or forfeiture of bail not vacated on a third or subsequent charge of violating section 28-1381 or 28-1382 within eighty-four months.
12. 11. Conviction or forfeiture of bail not vacated on a charge of violating section 28-1381 or 28-1382 and the driver has been convicted within a period of eighty-four months of an offense in another jurisdiction that if committed in this state would be a violation of section 28-1381 or 28-1382.
B. In determining the starting date for the eighty-four month period prescribed in subsection A, paragraphs 9, 10, and 11 and 12 of this section, the department shall use the date of the commission of the offense.
C. For the purposes of this section, "conviction" means a final adjudication or judgment, including an order of a juvenile court finding that a juvenile violated any provision of this title or committed a delinquent act that if committed by an adult would constitute a criminal offense.
Sec. 9. Section 28-3315, Arizona Revised Statutes, is amended to read:
28-3315. Period of suspension, revocation or disqualification; unlicensed drivers; definitions
A. The department shall not suspend, revoke or disqualify a driver license or privilege to drive a motor vehicle on the public highways for more than one year from the date of a conviction or judgment, if any, against a person for which this chapter makes revocation, suspension or disqualification mandatory or from the date the notice is sent pursuant to section 28-3318 if no conviction was involved, except as permitted under subsection E of this section and sections 28-3312, 28-3319 and 28-3320.
B. A person whose license or privilege to drive a motor vehicle on the public highways has been revoked may apply for reinstatement of the person's license as provided by law after the cause of the revocation is removed or after expiration of the revocation period prescribed by law. The department may reinstate the person's driver license after the department reviews an applicant's driving record in this state or another state or other sufficient evidence to determine that:
1. All withdrawal actions are complete.
2. The applicant has not been convicted of or found responsible for any traffic violations within twelve months preceding application.
3. All other statutory requirements are satisfied.
C. The department shall not accept an application for reinstatement of a driver license until after the twelve month period prescribed in subsection B of this section has elapsed.
D. If the department reinstates a person's driver license or driving privilege for a revocation that is related to alcohol or other drugs, the department may accept an evaluation that was performed within the previous twelve months from a physician, a psychologist, a physician assistant, a registered nurse practitioner or a substance abuse counselor indicating that, in the opinion of the physician, psychologist, physician assistant, registered nurse practitioner or substance abuse counselor, the condition does not affect or impair the person's ability to safely operate a motor vehicle. For the purposes of reinstating a license or driving privilege pursuant to this article, the department may rely on the opinion of a physician, a psychologist, a physician assistant, a registered nurse practitioner or a substance abuse counselor.
E. Notwithstanding subsections A and B of this section:
1. A person whose license or privilege to drive is revoked pursuant to section 28-3304, subsection A, paragraph 1 or 11 10 is not entitled to have the person's license or privilege renewed or restored for three years.
2. A person whose license or privilege to drive is revoked pursuant to section 13-1209 is not entitled to have the person's license or privilege renewed or restored for the period of time ordered by the court.
3. If a license, permit or privilege to drive is revoked pursuant to section 28-661, subsection E the license, permit or privilege may not be renewed or restored except as prescribed by section 28-661, subsections E and F.
4. A person whose license, permit or privilege to drive is revoked pursuant to section 28-661, subsection G is not entitled to have the person's license, permit or privilege renewed or restored for three years.
F. If an unlicensed driver commits an offense for which a driver license could be suspended, revoked or disqualified, the department shall not accept the unlicensed driver's application for a driver license for a period equal to the period of time that applies to a driver with a license. If the offense is one for which a driver license could be revoked, the department shall not accept the unlicensed driver's application for a driver license unless it the application includes an evaluation from a physician, psychologist, physician assistant, registered nurse practitioner or substance abuse counselor on the habits and driving ability of the person and that the evaluator is satisfied that it is safe to grant the privilege of driving a motor vehicle on the public highways.
G. The expiration of a person's license during the period of time it is under suspension, revocation or disqualification does not invalidate or terminate the suspension, revocation or disqualification.
H. A person whose license or privilege to drive a motor vehicle on the public highways has been suspended pursuant to section 28-3306, subsection A, paragraph 5 or section 28-3314 may apply for a new license as provided by law after the cause for suspension is removed or after expiration of the suspension period prescribed by law if both of the following conditions are met:
1. The department is satisfied, after reviewing the medical condition and driving ability of the person, that it is safe to grant the person the privilege of driving a motor vehicle on the public highways.
2. If the person has a medical condition related to alcohol or other drugs, the department may accept an evaluation form from a physician, a psychologist, a physician assistant, a registered nurse practitioner or a substance abuse counselor indicating that, in the opinion of the physician, psychologist, physician assistant, registered nurse practitioner or substance abuse counselor, the condition does not affect or impair the person's ability to operate a motor vehicle in a safe manner.
I. For the purposes of this section:
1. "Physician" means a physician who is licensed pursuant to title 32, chapter 13, 17 or 29.
2. "Physician assistant" means a physician assistant who is licensed pursuant to title 32, chapter 25.
3. "Psychologist" means a psychologist who is licensed pursuant to title 32, chapter 19.1.
4. "Registered nurse practitioner" means a registered nurse practitioner who is licensed pursuant to title 32, chapter 15.
5. "Substance abuse counselor" has the same meaning prescribed in section 28-3005.
Sec. 10. Section 28-3412, Arizona Revised Statutes, is amended to read:
28-3412. Fee; enrollment limitation
A. Governmental agencies, corporations or individuals that conduct traffic survival school educational sessions approved by the department may collect a fee that is reasonable and commensurate for the educational sessions.
B. Except as provided in section 28-3413, subsection B, paragraph 2, subdivision (b) and notwithstanding any other law, the only limitation on enrollment in a traffic survival school educational session shall be the lawful fire safety capacity of the facility in which the class meets.
Sec. 11. Section 28-3413, Arizona Revised Statutes, is amended to read:
28-3413. License for schools; requirements; fingerprint clearance card
A. A person may not act as a traffic survival school unless the person applies for and obtains from the director a license in the manner and form prescribed by the director.
B. Rules adopted by the director shall state the requirements for a school license, including:
1. Requirements concerning location, equipment, courses of instruction, instructors, previous records of the school and instructors, character and reputation of the operators and instructors, insurance in an amount and with provisions that the director deems necessary to protect adequately the interests of the public and other matters prescribed by the director.
2. A requirement that traffic survival school courses of instruction must:
(a) Consist of at least eight hours of instruction and include information relating to aggressive driving as provided by section 28-695.
(b) Be offered and completed in person and may not be offered or completed online unless the governor declares a state of emergency. The department may grant a person who enrolls in a traffic survival school a onetime waiver of the in-person requirement if the person demonstrates to the department that completing the course in person would impose a substantial burden on the person.
C. Each applicant who owns twenty per cent percent or more of an entity and each partner or stockholder who owns twenty per cent percent or more of an entity and who seeks licensure pursuant to this article shall provide the department or a contracted private entity of the department pursuant to section 28-3411 with a valid fingerprint clearance card issued pursuant to section 41-1758.03.
