Bill Text: AZ SB1026 | 2011 | Fiftieth Legislature 1st Regular | Introduced
Bill Title: Aggravated DUI; sentencing
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-26 - Referred to Senate RULES Committee [SB1026 Detail]
Download: Arizona-2011-SB1026-Introduced.html
PREFILED JAN 03 2011
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REFERENCE TITLE: aggravated DUI; sentencing |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SB 1026 |
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Introduced by Senator Gray
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AN ACT
amending sections 8-343, 28-1383 and 28-1401, Arizona Revised Statutes; relating to driving under the influence.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-343, Arizona Revised Statutes, is amended to read:
8-343. Disposition of offenses involving driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor or drugs
A. A juvenile who is adjudicated delinquent for a violation of section 28‑1381 shall be detained for a period of not less than ten consecutive days in a juvenile detention center as a condition of probation, except that the judge may suspend all ten days of the sentence if the juvenile completes alcohol or other drug screening pursuant to subsection L of this section.
B. A juvenile who within a period of eighty-four months is adjudicated delinquent for a violation of section 28‑1381 and who has previously been adjudicated for a violation of section 28‑1381, 28‑1382 or 28‑1383 or an act in another state, a court of the United States or a tribal court that if committed in this state would be a violation of section 28‑1381, 28‑1382 or 28‑1383 shall be detained for a period of not less than ninety days in a juvenile detention center as a condition of probation, except that the judge may suspend all but thirty consecutive days of the sentence if the juvenile completes alcohol or other drug screening pursuant to subsection L of this section.
C. A juvenile who is adjudicated delinquent for a violation of section 28‑1382, subsection A, paragraph 1 shall be detained for a period of not less than thirty consecutive days in a juvenile detention center as a condition of probation, except that the judge may suspend all but ten consecutive days of the sentence if the juvenile completes alcohol or other drug screening pursuant to subsection L of this section. A juvenile who is adjudicated delinquent for a violation of section 28‑1382, subsection A, paragraph 2 shall be detained for a period of not less than forty-five consecutive days in a juvenile detention center as a condition of probation, except that the judge may suspend all but fifteen consecutive days of the sentence if the juvenile completes alcohol or other drug screening pursuant to subsection L of this section.
D. If within a period of eighty-four months a juvenile is adjudicated delinquent for a violation of section 28‑1382 and has previously been adjudicated for a violation of section 28‑1381, 28‑1382 or 28‑1383 or an act in another state, a court of the United States or a tribal court that if committed in this state would be a violation of section 28‑1381, 28‑1382 or 28‑1383, the juvenile:
1. Shall be detained for a period of not less than one hundred twenty days in a juvenile detention center as a condition of probation if the juvenile is adjudicated delinquent for a violation of section 28‑1382, subsection A, paragraph 1, except that the judge may suspend all but sixty consecutive days of the sentence if the juvenile completes alcohol or other drug screening pursuant to subsection L of this section.
2. Shall be detained for a period of not less than one hundred eighty days in a juvenile detention center as a condition of probation if the juvenile is adjudicated delinquent for a violation of section 28‑1382, subsection A, paragraph 2, except that the judge may suspend all but ninety consecutive days of the sentence if the juvenile completes alcohol or other drug screening pursuant to subsection L of this section.
E. A juvenile who is adjudicated delinquent for a violation of section 28‑1383 shall be detained for a period of not less than four months in a juvenile detention center or the department of juvenile corrections as a condition of probation if the juvenile is adjudicated delinquent under either any of the following:
1. Section 28‑1383, subsection A, paragraph 1 or 4.
2. Section 28‑1383, subsection A, paragraph 2 and within an eighty‑four month period has been adjudicated delinquent for two prior violations of section 28‑1381, 28‑1382 or 28‑1383, or any combination of those sections, or acts in another jurisdiction that if committed in this state would be a violation of section 28‑1381, 28‑1382 or 28‑1383.
F. A juvenile who is adjudicated delinquent under section 28‑1383, subsection A, paragraph 2 and who within an eighty-four month period has been adjudicated delinquent for three or more prior violations of section 28‑1381, 28‑1382 or 28-1383, or any combination of those sections, or acts in another jurisdiction that if committed in this state would be a violation of section 28‑1381, 28‑1382 or 28-1383 shall be detained for a period of not less than eight months in a juvenile detention center or the department of juvenile corrections as a condition of probation.
G. A juvenile who is adjudicated delinquent under section 28‑1383, subsection A, paragraph 3, subdivision (a) shall serve at least the minimum term of detention required pursuant to subsection A or B of this section.
H. A juvenile who is adjudicated delinquent under section 28‑1383, subsection A, paragraph 3, subdivision (b) shall serve at least the minimum term of detention required pursuant to subsection C or D of this section.
I. Notwithstanding subsection E or F of this section, at the time of sentencing, the judge may suspend all but two months of the sentence if the juvenile completes alcohol or other drug screening pursuant to subsection L of this section.
J. If a juvenile is adjudicated delinquent for a violation of section 28‑1381, 28‑1382 or 28‑1383, the court shall order the juvenile to pay at least two hundred fifty dollars but not more than five hundred dollars plus any applicable surcharges and assessments to the public agency processing the violation or the court may order the juvenile to perform at least eighty hours of community restitution under the supervision of the court.
K. The dates of the commission of the offense shall be the determining factor in applying the eighty-four month provision of subsection B, D, E or F of this section, irrespective of the sequence in which the offenses were committed. A second violation for which a conviction occurs as provided in this section shall not include a conviction for an offense arising out of the same series of acts.
L. In addition to any other penalties prescribed by law, if a juvenile is adjudicated delinquent for a violation of section 28‑1381, 28‑1382 or 28‑1383, the court shall order the juvenile to complete alcohol or other drug screening that is provided by a facility approved by the department of health services or a probation department. If the court determines that the juvenile requires further alcohol or other drug education or treatment, the juvenile may be required pursuant to court order to obtain education or treatment under the court's supervision from an approved facility. The court may review an education or treatment determination at the request of the state or the defendant or on the court's initiative. The juvenile shall pay the costs of the screening, education or treatment unless the court waives part or all of the costs. The court may order the parent or guardian of the juvenile to pay part or all of the costs of the screening, education or treatment.
M. The court shall order a juvenile or the parents of a juvenile who is sentenced to a term of detention to reimburse the county that is responsible for the costs of the juvenile's detention for those detention costs. The court may determine the amount of detention costs to be paid based on the following factors:
1. The per diem per juvenile cost of detention incurred by the county that detains the juvenile.
2. The ability of the juvenile or the parents of the juvenile to pay part or all of the detention costs.
Sec. 2. Section 28-1383, Arizona Revised Statutes, is amended to read:
28-1383. Aggravated driving or actual physical control while under the influence; violation; classification; definition
A. A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does any of the following:
1. Commits a violation of section 28‑1381, section 28‑1382 or this section while the person's driver license or privilege to drive is suspended, canceled, revoked or refused or while a restriction is placed on the person's driver license or privilege to drive as a result of violating section 28‑1381 or 28‑1382 or under section 28‑1385.
2. Within a period of eighty-four months commits a third or subsequent violation of section 28‑1381, section 28‑1382 or this section or is convicted of a violation of section 28‑1381, section 28‑1382 or this section and has previously been convicted of any combination of convictions of section 28‑1381, section 28‑1382 or this section or acts in another jurisdiction that if committed in this state would be a violation of section 28‑1381, section 28‑1382 or this section.
3. While a person under fifteen years of age is in the vehicle, commits a violation of either:
(a) Section 28‑1381.
(b) Section 28‑1382.
4. While the person is ordered by the court or required pursuant to section 28‑3319 by the department to equip any motor vehicle the person operates with a certified ignition interlock device, does either of the following:
(a) While under arrest refuses to submit to any test chosen by a law enforcement officer pursuant to section 28‑1321, subsection A.
(b) Commits a violation of section 28‑1381, section 28‑1382 or this section.
B. The dates of the commission of the offenses are the determining factor in applying the eighty-four month provision provided in subsection A, paragraph 2 of this section regardless of the sequence in which the offenses were committed. For the purposes of this section, a third or subsequent violation for which a conviction occurs does not include a conviction for an offense arising out of the same series of acts. The time that a probationer is found to be on absconder status or the time that a person is incarcerated in any state, federal, county or city jail or correctional facility is excluded when determining the eighty-four month period provided in subsection A, paragraph 2 and subsection E of this section.
C. The notice to a person of the suspension, cancellation, revocation or refusal of a driver license or privilege to drive is effective as provided in section 28‑3318 or pursuant to the laws of the state issuing the license.
D. A person is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than four months in prison if the person is convicted under either any of the following:
1. Subsection A, paragraph 1 or 4 of this section.
2. Subsection A, paragraph 2 of this section and within an eighty-four month period has been convicted of two prior violations of section 28‑1381, section 28‑1382 or this section, or any combination of those sections, or acts in another jurisdiction that if committed in this state would be a violation of section 28‑1381, section 28‑1382 or this section.
E. A person who is convicted under subsection A, paragraph 2 of this section and who within an eighty-four month period has been convicted of three or more prior violations of section 28‑1381, section 28‑1382 or this section, or any combination of those sections, or acts in another jurisdiction that if committed in this state would be a violation of section 28‑1381, section 28‑1382 or this section is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than eight months in prison.
F. A person who is convicted under subsection A, paragraph 3, subdivision (a) of this section shall serve at least the minimum term of incarceration required pursuant to section 28‑1381.
G. A person who is convicted under subsection A, paragraph 3, subdivision (b) of this section shall serve at least the minimum term of incarceration required pursuant to section 28‑1382.
H. A person who is convicted of a violation of this section shall attend and complete alcohol or other drug screening, education or treatment from an approved facility. If the person fails to comply with this subsection and is placed on probation, in addition to the provisions of section 13‑901 the court may order that the person be incarcerated as a term of probation as follows:
1. For a person sentenced pursuant to subsection D of this section, for an individual period of not more than four months and a total period of not more than one year.
2. For a person sentenced pursuant to subsection E of this section, for an individual period of not more than eight months and a total period of not more than two years.
I. The time that a person spends in custody pursuant to subsection H of this section shall not be counted towards the sentence imposed if the person's probation is revoked and the person is sentenced to prison after revocation of probation.
J. On a conviction for a violation of this section, the court:
1. Shall report the conviction to the department. On receipt of the report, the department shall revoke the driving privilege of the person. The department shall not issue the person a new driver license within three years of the date of the conviction and, for a conviction of a violation of subsection A, paragraph 1, 2 or 4 or paragraph 3, subdivision (b) of this section, shall require the person to equip any motor vehicle the person operates with a certified ignition interlock device pursuant to section 28‑3319. In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than twelve months beginning on the date of reinstatement of the person's driving privilege following a suspension or revocation or on the date of the department's receipt of the report of conviction, whichever occurs later. The person who operates a motor vehicle with a certified ignition interlock device under this paragraph shall comply with article 5 of this chapter.
2. In addition to any other penalty prescribed by law, shall order the person to pay an additional assessment of two hundred fifty dollars. If the conviction occurred in the superior court or a justice court, the court shall transmit the monies received pursuant to this paragraph to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the monies received pursuant to this paragraph to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer. The state treasurer shall deposit the monies received in the driving under the influence abatement fund established by section 28‑1304. Any fine imposed for a violation of this section and any assessments, restitution and incarceration costs shall be paid before the assessment prescribed in this paragraph.
3. Shall order the person to pay a fine of not less than seven hundred fifty dollars.
4. In addition to any other penalty prescribed by law, shall order the person to pay an additional assessment of one thousand five hundred dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41‑1651. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.
5. In addition to any other penalty prescribed by law, shall order the person to pay an additional assessment of one thousand five hundred dollars to be deposited by the state treasurer in the public safety equipment fund established by section 41-1723. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.
K. After completing the period of suspension required by section 28‑1385, a person whose driving privilege is revoked for a violation of subsection A, paragraph 3 of this section may apply to the department for a special ignition interlock restricted driver license pursuant to section 28‑1401.
L. Aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs committed under:
1. Subsection A, paragraph 1, or 2 or paragraph 4, subdivision (b) of this section is a class 4 felony.
2. Subsection A, paragraph 3 or paragraph 4, subdivision (a) of this section is a class 6 felony.
M. For the purposes of this section, "suspension, cancellation, revocation or refusal" means any suspension, cancellation, revocation or refusal.
Sec. 3. 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 or revoked for a first offense of refusal pursuant to section 28‑1321 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 prescribed in section 28‑1402 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 either of the following:
1. Section 28-1321, if the person meets the criteria of section 28‑1321, subsection P.
2. Section 28-1383, if the person meets the criteria of section 28‑1383, subsection K and the person presents evidence that is satisfactory to the director that shows that the person has completed screening and treatment.
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 restriction pursuant to sections 28‑3320 and 28‑3322 subject to the restrictions prescribed in section 28‑1402 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.
