2008 Legislative Update

2008 LegislativeUpdate
william.johnston@phoenix.gov eric.edwards@phoenix.gov fran.burns@phoenix.gov (602) 534-0126
EFFECTIVE SEPTEMBER 26, 2008 UNLESS OTHERWISE INDICATED NOTE: Officers should place a designator in their Arizona Criminal and Traffic Law manuals next to any listed statutes to remind them to refer to this handout until the new manuals are issued.
Quoted new language is CAPITALIZED

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Summarized new language is in regular print
CHAPTER13 CRIMINALCODE
13-105 Definitions HB2623/ Chapter 150 relating to constables

Amends item 25 as follows: 25. "Peace officer" means any person vested by law with a duty to maintain public order and make arrests AND INCLUDES A CONSTABLE.
13-303 Criminal liability based upon conduct of another SB1354/ Chapter 296 relating to accomplice liability
Amends subsection A.3 as follows: A.3. (A person is criminally accountable for the conduct of another if) the person is an
accomplice of such other person in the commission of an offense INCLUDING ANY OFFENSE THAT IS A NATURAL AND PROBABLE OR REASONABLY FORESEEABLE CONSEQUENCE OF THE OFFENSE FOR WHICH THE PERSON WAS AN ACCOMPLICE.
13-610 DNA testing SB1332/ Chapter 276 relating to Deoxyribonucleic acid testing
Amends subsections G and L as follows: G. Notwithstanding subsections A through F, K, L AND O OF THIS SECTION, the agency that is responsible for securing a sample pursuant to this section shall not secure the sample if the scientific criminal analysis section of the department of public safety has previously received and IS MAINTAINING a sample sufficient for deoxyribonucleic acid testing. L. A PERSON WHO IS CHARGED WITH A FELONY OR MISDEMEANOR OFFENSE LISTED IN SUBSECTION O, PARAGRAPH 3 OF THIS SECTION AND WHO IS SUMMONED TO APPEAR IN COURT FOR AN INITIAL APPEARANCE shall report C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc
within five days OF RELEASE ON BAIL OR ON THE PERSON'S OWN RECOGNIZANCE to the law enforcement agency that arrested the person or its designee and submit a sufficient sample of buccal cells or other bodily substances for deoxyribonucleic acid testing and extraction. The arresting authority or its designee shall transmit the sample to the department of public safety.
13-705 Dangerous crimes against children; sentences; definitions HB2207/ Chapter 301 relating to dangerous crimes against children
Effective December 31, 2008 Amends subsection J to read, in part, as follows: J. Notwithstanding chapter 10 of this title, a person who is at least eighteen years of age or who has been tried as an adult and who stands convicted of a dangerous crime against children in the second degree pursuant TO SUBSECTION B, C or D of this section is guilty of a class 3 felony and shall be sentenced to a presumptive term of imprisonment for ten years. . . .
13-1204 Aggravated assault; classification; definition HB2444/ Chapter 179 relating to assault
Adds subsection A.8 (b) as follows: A.8 (b) (A person commits aggravated assault if the person commits assault as prescribed by section 13-1203. . . knowing or having reason to know that the victim is) A CONSTABLE, OR A PERSON SUMMONED AND DIRECTED BY THE CONSTABLE WHILE ENGAGED IN THE EXECUTION OF ANY OFFICIAL DUTIES. Renumbers to conform to changes
13-1405 Sexual conduct with a minor; classification HB2207/ Chapter 301 relating to sentencing and reorganization
Effective December 31, 2008 Amends subsection B and adds subsection C as follows: B. Sexual conduct with a minor who is under fifteen years of age is a class 2 felony and is punishable pursuant to SECTION 13-705. Sexual conduct with a minor who is at least fifteen years of age is a class 6 felony. Sexual conduct with a minor who is at least fifteen years of age is a class 2 felony if the person is the minor's parent, stepparent, adoptive parent, legal guardian, foster parent OR THE MINOR'S TEACHER OR CLERGYMAN OR PRIEST and the convicted person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed has been served or commuted. C. FOR THE PURPOSES OF THIS SECTION, "TEACHER" MEANS A CERTIFICATED TEACHER AS DEFINED IN SECTION 15-501 OR ANY OTHER PERSON WHO C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc 3
DIRECTLY PROVIDES ACADEMIC INSTRUCTION TO PUPILS IN ANY SCHOOL DISTRICT, CHARTER SCHOOL, ACCOMMODATION SCHOOL, THE ARIZONA STATE SCHOOLS FOR THE DEAF AND THE BLIND OR A PRIVATE SCHOOL IN THIS STATE.
13-1407 Defenses HB2480/ Chapter 219 relating to sexual exploitation of children

Amends subsections F as follows: F. It is a defense to a prosecution pursuant to SECTIONS 13-1405 AND 13-3560 if the victim is fifteen, sixteen or seventeen years of age, the defendant is under nineteen years of age or attending high school and is no more than twenty-four months older than the victim and the conduct is consensual.
13-1419 Unlawful sexual conduct; correctional facilities; classification; definition SB1016/ Chapter 209 relating to sexual offenses
Amends subsection A to read, in part, as follows: A. A person commits unlawful sexual conduct by INTENTIONALLY OR KNOWINGLY engaging in any act of a sexual nature with an offender who is in the custody of the state department of corrections, the department of juvenile corrections, a private prison facility or a city or county jail or with an offender who is under the supervision of either department or a city or county.
13-2008 Taking or knowingly accepting identity of another person or entity; classification HB2745/Chapter 152 relating to employment of unauthorized aliens
Effective May 1, 2008 Amends subsections A, C and F, and adds subsections B, B.1 and B.2 as follows: A. A person commits taking the identity of another person or entity if the person knowingly takes, purchases, manufactures, records, possesses or uses any personal identifying information or entity identifying information of another person or entity, including a real or fictitious person or entity, without the consent of that other person or entity, with the intent to obtain or use the other person's or entity's identity for any unlawful purpose or to cause loss to a person or entity whether or not the person or entity actually suffers any economic loss as a result of the offense, OR WITH THE INTENT TO OBTAIN OR CONTINUE EMPLOYMENT. B. A PERSON COMMITS KNOWINGLY ACCEPTING THE IDENTITY OF ANOTHER
PERSON IF THE PERSON, IN HIRING AN EMPLOYEE, KNOWINGLY DOES BOTH OF THE FOLLOWING:
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1. ACCEPTS ANY PERSONAL IDENTIFYING INFORMATION OF ANOTHER

PERSON FROM AN INDIVIDUAL AND KNOWS THAT THE INDIVIDUAL IS NOT THE ACTUAL PERSON IDENTIFIED BY THAT INFORMATION.
2. USES THAT IDENTITY INFORMATION FOR THE PURPOSE OF

DETERMINING WHETHER THE INDIVIDUAL WHO PRESENTED THAT IDENTITY INFORMATION HAS THE LEGAL RIGHT OR AUTHORIZATION UNDER FEDERAL LAW TO WORK IN THE UNITED STATES AS DESCRIBED AND DETERMINED UNDER THE PROCESSES AND PROCEDURES UNDER 8 UNITED STATES CODE SECTION 1324A.
C. On the request of a person or entity, a peace officer in any jurisdiction in which an element of AN offense UNDER THIS SECTION is committed, a result of AN offense UNDER THIS SECTION occurs or the person or entity whose identity is taken OR ACCEPTED resides or is located shall take a report. The peace officer may provide a copy of the report to any other law enforcement agency that is located in a jurisdiction in which a violation of this section occurred. F. Taking the identity of another person or entity OR KNOWINGLY ACCEPTING THE IDENTITY OF ANOTHER PERSON is a class 4 felony. Amends numbering to conform to changes.
13-2010 Trafficking in the identity of another person or entity; classification HB2745/ Chapter 152 relating to employment of unauthorized aliens
Effective May 1, 2008 Amends subsection A as follows: A. A person commits trafficking in the identity of another person or entity if the person knowingly sells, transfers or transmits any personal identifying information or entity identifying information of another person or entity, including a real or fictitious person or entity, without the consent of the other person or entity for any unlawful purpose or to cause loss to the person or entity whether or not the other person or entity actually suffers any economic loss, OR ALLOWING ANOTHER PERSON TO OBTAIN OR CONTINUE EMPLOYMENT.
13-2319 Smuggling; classification; definitions HB2842/ Chapter 170 relating to property transactions
Amends subsection D.2 as follows: D.2. (For the purposes of this section) "Smuggling of human beings" means the transportation, procurement of transportation OR USE OF PROPERTY OR REAL PROPERTY by a person or an entity that knows or has reason to know that the person or persons transported or to be transported are not United States citizens, permanent resident aliens or persons otherwise lawfully in this state.
13-2322 Unlawful transactions involving drop house properties; classification; definition HB2842/ Chapter 170 relating to property transactions
Adds new subsection as follows: A. A PERSON OR COMPANY THAT OWNS, SELLS, LEASES OR BROKERS A
TRANSACTION INVOLVING PROPERTY OR REAL PROPERTY THAT THE PERSON OR COMPANY KNOWS WILL BE USED AS A DROP HOUSE IS GUILTY OF A CLASS 4 FELONY.
B. IT IS A DEFENSE TO A PROSECUTION PURSUANT TO THIS SECTION IF BOTH OF

THE FOLLOWING APPLY:
1. THE PERSON OR COMPANY ACQUIRES ACTUAL KNOWLEDGE THAT THE

PROPERTY OR REAL PROPERTY IS BEING USED AS A DROP HOUSE AFTER THE PERSON OR COMPANY ACQUIRES OWNERSHIP OF, SELLS, LEASES OR BROKERS A TRANSACTION INVOLVING THE PROPERTY OR REAL PROPERTY.
2. THE PERSON OR COMPANY REPORTS THIS INFORMATION TO A LAW

ENFORCEMENT AGENCY.
C. FOR THE PURPOSES OF THIS SECTION, "DROP HOUSE" MEANS PROPERTY OR

REAL PROPERTY THAT IS USED TO FACILITATE SMUGGLING PURSUANT TO SECTION 13-2319.
13-2921 Harassment; classification; definition HB2248/ Chapter 205 relating to electronic communications
Amends subsection A.1 as follows: A.1. (A person commits harassment if, with intent to harass or with knowledge that the person is harassing another person, the person) anonymously or otherwise CONTACTS, communicates or causes a communication with another person by verbal, electronic, mechanical, telegraphic, telephonic or written means in a manner that harasses.
13-3101 Definitions SB1153/ Chapter 274 relating to explosives

Adds subsection A.5, A.8(a), A.8(a)(i), A.8(a)(viii), A.8(b), A.8(b)(i), A.8(b)(ii) and A.8(b)(iii) and amends subsection A.8, A.8(vii), A.8(a)(ix), and B as follows: A.5. (In this chapter, unless the context otherwise requires) "IMPROVISED EXPLOSIVE DEVICE" MEANS A DEVICE THAT INCORPORATES EXPLOSIVES OR DESTRUCTIVE, LETHAL, NOXIOUS, PYROTECHNIC OR INCENDIARY CHEMICALS AND THAT IS DESIGNED TO DESTROY, DISFIGURE, TERRIFY OR HARASS. A.8. (In this chapter, unless the context otherwise requires) "Prohibited weapon: (a) INCLUDES THE FOLLOWING: C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc 6
(i) AN ITEM THAT IS A BOMB, GRENADE, ROCKET HAVING A PROPELLANT CHARGE OF MORE THAN FOUR OUNCES OR MINE AND THAT IS EXPLOSIVE, INCENDIARY OR POISON GAS. (vii) A chemical or combination of chemicals, compounds or materials, including dry ice, that is POSSESSED OR MANUFACTURED for the purpose of generating a gas to cause a mechanical failure, rupture or bursting OR AN EXPLOSION OR DETONATION OF THE CHEMICAL OR COMBINATION OF CHEMICALS, COMPOUNDS OR MATERIALS. (viii) AN IMPROVISED EXPLOSIVE DEVICE. (ix) ANY combination of parts or materials that is designed and intended for use in making or converting a device into an item set forth in ITEM (i), (vi) OR (viii) OF THIS SUBDIVISION. (b) DOES NOT INCLUDE: (i) ANY FIREWORKS THAT ARE IMPORTED, DISTRIBUTED OR USED IN COMPLIANCE WITH STATE LAWS OR LOCAL ORDINANCES. (ii) ANY PROPELLANT, PROPELLANT ACTUATED DEVICES OR PROPELLANT ACTUATED INDUSTRIAL TOOLS THAT ARE MANUFACTURED, IMPORTED OR DISTRIBUTED FOR THEIR INTENDED PURPOSES. (iii) A DEVICE THAT IS COMMERCIALLY MANUFACTURED PRIMARILY FOR THE PURPOSE OF ILLUMINATION. B. The items set forth in subsection A, PARAGRAPH 8, SUBDIVISION (a), ITEMS (i), (ii), (iii) AND (iv) of this section do not include any firearms or devices that are registered in the national firearms registry and transfer records of the United States treasury department or any firearm that has been classified as a curio or relic by the United States treasury department. Renumbers to conform to changes
13-3101 Definitions HB2486 / Chapter 3 relating to weapons

Amends subsection A.6(e) as follows: A. 6 (e) (In this chapter, unless the context otherwise requires "Prohibited possessor" means any person) who is AN UNDOCUMENTED ALIEN OR A NONIMMIGRANT ALIEN TRAVELING WITH OR WITHOUT DOCUMENTATION IN THIS STATE FOR BUSINESS OR PLEASURE OR WHO IS STUDYING IN THIS STATE AND WHO MAINTAINS A FOREIGN RESIDENCE ABROAD. THIS SUBDIVISION DOES NOT APPLY TO: (i) NONIMMIGRANT ALIENS WHO POSSESS A VALID HUNTING LICENSE OR PERMIT THAT IS LAWFULLY ISSUED BY A STATE IN THE UNITED STATES. (ii) NONIMMIGRANT ALIENS WHO ENTER THE UNITED STATES TO PARTICIPATE IN A COMPETITIVE TARGET SHOOTING EVENT OR TO C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc
DISPLAY FIREARMS AT A SPORTS OR HUNTING TRADE SHOW THAT IS SPONSORED BY A NATIONAL, STATE OR LOCAL FIREARMS TRADE ORGANIZATION DEVOTED TO THE COMPETITIVE USE OR OTHER SPORTING USE OF FIREARMS. (iii) CERTAIN DIPLOMATS. (iv) OFFICIALS OF FOREIGN GOVERNMENTS OR DISTINGUISHED FOREIGN VISITORS WHO ARE DESIGNATED BY THE UNITED STATES DEPARTMENT OF STATE. (v) PERSONS WHO HAVE RECEIVED A WAIVER FROM THE UNITED STATES ATTORNEY GENERAL.
13-3102 Misconduct involving weapons; defenses; classification; definitions SB1153/ Chapter 274 relating to explosives
Amends subsection A.3 as follows: A.3. (A person commits misconduct involving weapons by knowingly) manufacturing, possessing, transporting, selling or transferring a prohibited weapon, EXCEPT THAT IF THE VIOLATION INVOLVES DRY ICE, A PERSON COMMITS MISCONDUCT INVOLVING WEAPONS BY KNOWINGLY POSSESSING THE DRY ICE WITH THE INTENT TO CAUSE INJURY TO OR DEATH OF ANOTHER PERSON OR TO CAUSE DAMAGE TO THE PROPERTY OF ANOTHER PERSON; or
13-3112 Concealed weapons; qualification; application; permit to carry; certificate of firearms proficiency; firearms safety training; instructors; report; applicability; violation; classification SB 1070/ Chapter 263 relating to weapons
Adds subsection E.6 and amends subsections F, O, O.4, P and Q as follows: E.6. (The department of public safety shall issue a permit to an applicant who meets all of the following conditions: ) HAS EVER satisfactorily COMPLETED a firearms safety training program AUTHORIZED by the department of public safety pursuant to subsection O of this section AND PROVIDES ADEQUATE DOCUMENTATION THAT THE AUTHORIZED TRAINING PROGRAM WAS SATISFACTORILY COMPLETED. FOR THE PURPOSES OF THIS PARAGRAPH, "ADEQUATE DOCUMENTATION" MEANS A CERTIFICATE, CARD OR DOCUMENT OF COMPLETION FROM AN AUTHORIZED FIREARMS SAFETY TRAINING PROGRAM PURSUANT TO SUBSECTION O OF THIS SECTION, DATED NOT MORE THAN FIVE YEARS EARLIER THAN THE DATE OF APPLICATION, THAT HAS AFFIXED TO IT THE STAMP, SIGNATURE OR SEAL OF THE INSTRUCTOR OR ORGANIZATION THAT CONDUCTED THE PROGRAM, OR A CURRENT OR EXPIRED PERMIT ISSUED BY THE DEPARTMENT OF PUBLIC SAFETY PURSUANT TO THIS SECTION. F. The application shall be completed on a form prescribed by the department of public safety. The form shall not require the applicant to disclose the type of firearm for which a permit is sought. The applicant shall attest under penalty of perjury that all of the statements made by the applicant are true. The applicant shall submit the application to the department with a certificate of completion from an AUTHORIZED firearms safety C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc 8
training program, two sets of fingerprints and a reasonable fee determined by the director of the department. O. An organization shall apply to the department of public safety for AUTHORIZATION TO PROVIDE firearms safety training. The department shall AUTHORIZE AN ORGANIZATION TO PROVIDE FIREARMS SAFETY TRAINING IF THE TRAINING meets the following requirements: O.4. (Addresses all of the following topics in a format approved by the director of the department: ) Is conducted by instructors WHO ARE AUTHORIZED BY THE DEPARTMENT OF PUBLIC SAFETY OR WHO POSSESS CURRENT NATIONAL RIFLE ASSOCIATION INSTRUCTOR CERTIFICATIONS IN PISTOL AND PERSONAL PROTECTION AND who submit to a background investigation, including a check for warrants and a criminal history records check. P. If AUTHORIZED pursuant to subsection O of this section, the organization ON BEHALF OF EACH OF ITS INSTRUCTORS shall submit to the department of public safety two sets of fingerprints and a fee to be determined by the director of the department of public safety. On receipt of the fingerprints and fee, the department of public safety shall conduct a check of each instructor's criminal history record pursuant to section 41-1750. The department of public safety may exchange this fingerprint card information with the federal bureau of investigation for federal criminal history record checks. Q. The proprietary interest of all AUTHORIZED instructors and programs shall be safeguarded, and the contents of any training program shall not be disclosed to any person or entity other than a bona fide criminal justice agency, except ON an order from a state or federal court.
13-3112 Concealed weapons; qualification; application; permit to carry; certificate of firearms proficiency; training program; program instructors; report; applicability; violation; classification HB2634/ Chapter 269 relating to weapons
Adds subsection E.3 and amends subsection W as follows: E.3 (The Department of Public Safety shall issue a permit to an applicant who) is not under indictment for and has not been convicted in any jurisdiction of a felony UNLESS THAT CONVICTION HAS BEEN EXPUNGED, SET ASIDE OR VACATED OR THE APPLICANT'S RIGHTS HAVE BEEN RESTORED AND THE APPLICANT IS CURRENTLY NOT A PROHIBITED POSSESSOR UNDER STATE OR FEDERAL LAW. W. Notwithstanding the provisions of this section, a person with a concealed weapons permit from another state may not carry a concealed weapon in this state if the person is under twenty-one years of age or is under indictment for, or has been convicted of, a felony offense in any jurisdiction, UNLESS the person's rights have been restored and the conviction is expunged, set aside or vacated AND THE APPLICANT IS CURRENTLY NOT A PROHIBITED POSSESSOR UNDER STATE OR FEDERAL LAW.
13-3557 Equipment; forfeiture HB2480/ Chapter 219 relating to sexual exploitation of children
Amends as follows: C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc 9
On the conviction of a person for a violation of section 13-3552, 13-3553, 13-3554 OR 133560, the court shall order that any photographic equipment, computer system or instrument of communication that is owned or used exclusively by the person and that was used in the commission of the offense be forfeited and sold, destroyed or otherwise properly disposed.
13-3560 Aggravated luring a minor for sexual exploitation; classification; definitions HB2207/ Chapter 301 relating to sexual exploitation of children
Effective December 31, 2008 Adds new subsection as follows:
A. A PERSON COMMITS AGGRAVATED LURING A MINOR FOR SEXUAL

EXPLOITATION IF THE PERSON DOES BOTH OF THE FOLLOWING:
1. KNOWING THE CHARACTER AND CONTENT OF THE DEPICTION, USES AN

ELECTRONIC COMMUNICATION DEVICE TO TRANSMIT AT LEAST ONE VISUAL DEPICTION OF MATERIAL THAT IS HARMFUL TO MINORS FOR THE PURPOSE OF INITIATING OR ENGAGING IN COMMUNICATION WITH A RECIPIENT WHO THE PERSON KNOWS OR HAS REASON TO KNOW IS A MINOR.
2. BY MEANS OF THE COMMUNICATION, OFFERS OR SOLICITS SEXUAL

CONDUCT WITH THE MINOR. THE OFFER OR SOLICITATION MAY OCCUR BEFORE, CONTEMPORANEOUSLY WITH, AFTER OR AS AN INTEGRATED PART OF THE TRANSMISSION OF THE VISUAL DEPICTION.
B. IT IS NOT A DEFENSE TO A PROSECUTION FOR A VIOLATION OF THIS SECTION

THAT THE OTHER PERSON IS NOT A MINOR OR THAT THE OTHER PERSON IS A PEACE OFFICER POSING AS A MINOR.
C. AGGRAVATED LURING A MINOR FOR SEXUAL EXPLOITATION IS A CLASS 2

FELONY, AND IF THE MINOR IS UNDER FIFTEEN YEARS OF AGE IT IS PUNISHABLE PURSUANT TO SECTION 13-705, SUBSECTION D.
D. THE DEFENSE PRESCRIBED IN SECTION 13-1407, SUBSECTION F APPLIES TO A

PROSECUTION PURSUANT TO THIS SECTION.
E. FOR THE PURPOSES OF THIS SECTION: 1. "ELECTRONIC COMMUNICATION DEVICE" MEANS ANY ELECTRONIC
DEVICE THAT IS CAPABLE OF TRANSMITTING VISUAL DEPICTIONS AND INCLUDES ANY OF THE FOLLOWING:
a. A COMPUTER, COMPUTER SYSTEM OR NETWORK AS DEFINED IN

SECTION 13-2301.
b. A CELLULAR OR WIRELESS TELEPHONE AS DEFINED IN SECTION

13-4801.
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2. "HARMFUL TO MINORS" HAS THE SAME MEANING PRESCRIBED IN

SECTION 13-3501.
13-3561 Unlawful age misrepresentation; classification; definition HB2207/ Chapter 301 relating to sexual exploitation of children
Effective December 31, 2008 Adds new section as follows: A. A PERSON COMMITS UNLAWFUL AGE MISREPRESENTATION IF THE PERSON IS AT LEAST EIGHTEEN YEARS OF AGE, AND KNOWING OR HAVING REASON TO KNOW THAT THE RECIPIENT OF A COMMUNICATION IS A MINOR, USES AN ELECTRONIC COMMUNICATION DEVICE TO KNOWINGLY MISREPRESENT THE PERSON'S AGE FOR THE PURPOSE OF COMMITTING ANY SEXUAL OFFENSE INVOLVING THE RECIPIENT THAT IS LISTED IN SECTION 13-3821, SUBSECTION A.
B. IT IS NOT A DEFENSE TO A PROSECUTION FOR A VIOLATION OF THIS SECTION

THAT THE RECIPIENT IS NOT A MINOR.
C. THIS SECTION DOES NOT APPLY TO PEACE OFFICERS WHO ACT IN THEIR
OFFICIAL CAPACITY WITHIN THE SCOPE OF THEIR AUTHORITY AND IN THE LINE OF DUTY.
D. UNLAWFUL AGE MISREPRESENTATION IS A CLASS 3 FELONY, AND IF THE MINOR

IS UNDER FIFTEEN YEARS OF AGE IT IS PUNISHABLE PURSUANT TO SECTION 13-705.
E. FOR THE PURPOSES OF THIS SECTION, "ELECTRONIC COMMUNICATION DEVICE"

MEANS ANY ELECTRONIC DEVICE THAT IS CAPABLE OF TRANSMITTING VISUAL DEPICTIONS AND INCLUDES ANY OF THE FOLLOWING:
1. A COMPUTER, COMPUTER SYSTEM OR NETWORK AS DEFINED IN SECTION

13-2301.
2. A CELLULAR OR WIRELESS TELEPHONE AS DEFINED IN SECTION 13-4801.
13-3602 Order of protection; procedure; contents; arrest for violation; penalty; protection order from another jurisdiction HB2248/ Chapter 205 relating to electronic communications
Amends subsection E to read, in part, as follows: E. The court shall review the petition, any other pleadings on file and any evidence offered by the plaintiff, INCLUDING ANY EVIDENCE OF HARASSMENT BY ELECTRONIC CONTACT OR COMMUNICATION, to determine whether the orders requested should issue without further hearing. . . .
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13-3705 Unlawful copying or sale of sounds or images from recording devices; true name and address of articles; definitions; classification SB1038/ Chapter 121 relating to the registration and protection of trademarks and service marks
Amends subsections A.3 and A.4 and adds subsections F.3, G.1 and H as follows:
A.3. (A person commits unlawful copying or sale of sounds or images from recording devices
by knowingly:) Distributing or manufacturing an article on which sounds or images have been transferred which does not bear the true name and address of the manufacturer in a prominent place on the outside cover, box, jacket OR LABEL. A.4. (A person commits unlawful copying or sale of sounds or images from recording devices by knowingly:) Distributing or manufacturing the outside packaging intended for use with articles which does not bear the true name and address of the manufacturer in a prominent place on the outside cover, box, jacket OR LABEL. F.3. (On conviction of a violation of this section, the court shall order:) THE DEFENDANT TO MAKE RESTITUTION TO ANY OWNER OR LAWFUL PRODUCER OF A MASTER RECORDING, MASTER DISC, MASTER TAPE, MASTER VIDEOTAPE, MASTER FILM OR OTHER DEVICE OR ARTICLE FROM WHICH SOUNDS OR VISUAL IMAGES ARE DERIVED THAT HAS SUFFERED INJURY RESULTING FROM THE VIOLATION, OR TO THE TRADE ASSOCIATION REPRESENTING THE OWNER OR LAWFUL PRODUCER. THE ORDER OF RESTITUTION SHALL BE BASED ON THE AGGREGATE WHOLESALE VALUE OF LAWFULLY MANUFACTURED AND AUTHORIZED RECORDED DEVICES CORRESPONDING TO THE NONCONFORMING RECORDED DEVICES INVOLVED IN THE VIOLATION AND SHALL INCLUDE INVESTIGATIVE COSTS RELATING TO THE VIOLATION. PROOF OF THE SPECIFIC WHOLESALE VALUE OF EACH NONCONFORMING DEVICE SHALL NOT BE REQUIRED. G.1. (In this section, unless the context otherwise requires:) "AGGREGATE WHOLESALE VALUE" MEANS THE AVERAGE WHOLESALE VALUE OF LAWFULLY MANUFACTURED AND AUTHORIZED SOUND OR AUDIO VISUAL RECORDINGS CORRESPONDING TO THE NONCONFORMING RECORDED DEVICES INVOLVED IN THE OFFENSE. H. Unlawful copying or sale of sounds or images involving one HUNDRED or more articles containing sound recordings or one hundred or more articles containing audiovisual recordings is a class 3 felony. Unlawful copying or sale of sounds or images involving TEN or more but less than one HUNDRED articles containing sound recordings or ten or more but less than one hundred articles containing audiovisual recordings is a class 6 felony. Unlawful copying or sale of sounds or images involving less than TEN articles containing sound recordings or less than ten articles containing audiovisual recordings is a class 1 misdemeanor. Renumbers to conform to changes
13-3825 Community notification SB1021/ Chapter 9 relating to sex offender registration

Adds subsection L as follows:
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L. THE COURT MAY CONTINUE, DEFER OR TERMINATE COMMUNITY NOTIFICATION AFTER A HEARING HELD PURSUANT TO SECTION 13-923.
13-3890 Fingerprinting at time of arrest; order for fingerprints; retention SB1412/ Chapter 282 relating to the retention and preservation of evidence
Effective December 31, 2008 Adds new section as follows: A. A PERSON WHO IS ARRESTED FOR AN OFFENSE LISTED IN SECTION 41-1750, SUBSECTION C SHALL BE FINGERPRINTED IN LEGIBLE FORM BY THE ARRESTING AUTHORITY OR THE CUSTODIAL AGENCY. B. THE COURT SHALL ORDER AN ARRESTED PERSON TO APPEAR AT A DESIGNATED TIME AND PLACE FOR FINGERPRINTING ON PETITION OF THE ARRESTING AUTHORITY OR CUSTODIAL AGENCY STATING THAT THE PERSON REFUSED TO PROVIDE FINGERPRINTS IN A LEGIBLE FORM. C. FINGERPRINTS RECEIVED PURSUANT TO THIS SECTION SHALL BE RETAINED INDEFINITELY.
13-4221 Preservation of biological evidence; retention period; definitions SB1412/ Chapter 282 relating to the retention and preservation of evidence
Effective December 31, 2008 Adds new section as follows: A. NOTWITHSTANDING ANY OTHER LAW, THE APPROPRIATE GOVERNMENTAL ENTITY SHALL RETAIN ALL IDENTIFIED BIOLOGICAL EVIDENCE THAT IS SECURED IN CONNECTION WITH A FELONY SEXUAL OFFENSE OR HOMICIDE FOR: 1. THE PERIOD OF TIME THAT A PERSON WHO WAS CONVICTED OF A FELONY SEXUAL OFFENSE OR HOMICIDE REMAINS INCARCERATED FOR THAT OFFENSE OR UNTIL THE COMPLETION OF THE PERSON'S SUPERVISED RELEASE. 2. A COLD CASE, FIFTY-FIVE YEARS OR UNTIL A PERSON IS CONVICTED OF THE CRIME AND REMAINS INCARCERATED OR UNDER SUPERVISED RELEASE FOR THAT OFFENSE. B. THE GOVERNMENTAL ENTITY SHALL PRESERVE THE EVIDENCE FOR THE PERIOD OF TIME PRESCRIBED IN SUBSECTION A OF THIS SECTION IN A CONDITION THAT IS SUITABLE FOR DEOXYRIBONUCLEIC ACID TESTING. C. EVIDENCE RETAINED PURSUANT TO THIS SECTION SHALL BE MADE AVAILABLE FOR DEOXYRIBONUCLEIC ACID TESTING PURSUANT TO SECTION 13-4240.
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D. THE GOVERNMENT ENTITY THAT INVESTIGATES THE CRIME MAY ESTABLISH PROCEDURES FOR RETAINING PROBATIVE SAMPLES OF THE BIOLOGICAL EVIDENCE AND DISPOSING OF BULK EVIDENCE THAT DO NOT AFFECT THE SUITABILITY OF THE PROBATIVE SAMPLE FOR DEOXYRIBONUCLEIC ACID TESTING. THE GOVERNMENT ENTITY RESPONSIBLE FOR RETAINING THE SAMPLES SHALL OBTAIN APPROVAL FROM THE COUNTY ATTORNEY OR ATTORNEY GENERAL BEFORE DISPOSAL OF ANY BULK EVIDENCE. BEFORE THE DISPOSAL OF ANY BULK EVIDENCE, REASONABLE EFFORTS SHALL BE MADE TO PROVIDE WRITTEN NOTICE TO THE VICTIM. E. THIS SECTION DOES NOT PRECLUDE A GOVERNMENTAL ENTITY FROM DISPOSING OF EVIDENCE IN A CASE IN WHICH A CONVICTION HAS BEEN OBTAINED AFTER THE EXPIRATION OF THE DEFENDANT'S SENTENCE. UNDER ANY OTHER CIRCUMSTANCE, THE GOVERNMENTAL ENTITY MAY DISPOSE OF PHYSICAL EVIDENCE AFTER THE CONCLUSION OF THE CONVICTED DEFENDANT'S DIRECT APPEAL AND FIRST POSTCONVICTION RELIEF PROCEEDING OR AFTER THE TIME FOR INITIATING THE DIRECT APPEAL AND FIRST POSTCONVICTION RELIEF PROCEEDING HAS EXPIRED, WITH THE AGREEMENT OF THE COUNTY ATTORNEY OR THE ATTORNEY GENERAL AND THEN, UPON WRITTEN NOTICE TO THE DEFENDANT, ANY COUNSEL OF RECORD AND THE VICTIM IF NO OTHER LAW REQUIRES THAT BIOLOGICAL EVIDENCE BE PRESERVED OR RETAINED. F. THIS SECTION DOES NOT LIMIT A GOVERNMENTAL ENTITY'S DISCRETION CONCERNING THE CONDITIONS UNDER WHICH BIOLOGICAL EVIDENCE IS RETAINED, PRESERVED OR TRANSFERRED AMONG DIFFERENT ENTITIES IF THE EVIDENCE IS RETAINED IN A CONDITION THAT IS SUITABLE FOR DEOXYRIBONUCLEIC ACID TESTING. G. FOR THE PURPOSES OF THIS SECTION: 1. "BIOLOGICAL EVIDENCE" INCLUDES A SEXUAL ASSAULT FORENSIC EXAMINATION KIT, SEMEN, BLOOD, SALIVA, HAIR, SKIN TISSUE OR OTHER IDENTIFIED BIOLOGICAL MATERIAL. 2. "COLD CASE" MEANS A HOMICIDE OR A FELONY SEXUAL OFFENSE THAT REMAINS UNSOLVED FOR ONE YEAR OR MORE AFTER BEING REPORTED TO A LAW ENFORCEMENT AGENCY AND THAT HAS NO VIABLE AND UNEXPLORED INVESTIGATORY LEADS.
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TITLE28 TRANSPORTATION
28-454 Records maintained by department of transportation; redaction; definitions HB2478/ Chapter 113 relating to law enforcement officers
Amends subsection K.3 as follows: K.3. (For the purpose of this section) "Eligible person" means a peace officer, justice, judge, commissioner, public defender, prosecutor, code enforcement officer, adult or juvenile corrections officer, corrections support staff member, probation officer, member of the board of executive clemency, law enforcement support staff member, national guard member who is acting in support of a law enforcement agency, person who is protected under an order of protection or injunction against harassment OR firefighter who is assigned to the Arizona counterterrorism center in the department of public safety. (Removes victim of domestic violence or stalking from this subsection.) Deletes subsections K.6 and K.7 relating to victims of stalking and domestic violence Renumbers to conform to changes
28-601 Definitions HB2355/ Chapter 147 relating to commercial motor vehicles

Amends item 1 as follows: 1. (In this chapter, unless the context otherwise requires: ) "Commercial motor vehicle" means a motor vehicle or combination of vehicles THAT IS DESIGNED, used OR MAINTAINED to transport passengers or property IN THE FURTHERANCE OF A COMMERCIAL ENTERPRISE, THAT IS A COMMERCIAL MOTOR VEHICLE AS DEFINED IN SECTION 28-5201 AND THAT IS NOT EXEMPT FROM GROSS WEIGHT FEES AS PRESCRIBED IN SECTION 28-5432, SUBSECTION B.
28-672 Causing serious physical injury or death by a moving violation; classification; penalties HB2093/ Chapter 143 relating to school crossings
Effective after December 31, 2008 Amends subsection A.5 as follows: A.5. (A person is guilty of causing serious physical injury or death by a moving violation if the person violates) section 28-797, subsection F, G, H OR I (and the violation results in an accident causing serious physical injury as defined in section 13-105 or death to another person. . .) Renumbers to conform to changes
28-675 Causing death by use of a vehicle; classification HB2093/ Chapter 143 relating to school crossings
Effective after December 31, 2008 Amends subsection A.3(e) as follows: A.3 (e) (A person is guilty of causing death by use of a vehicle if the person commits a violation of) section 28-797, subsection F, G, H OR I. Renumbers to conform to changes
28-676 Causing serious physical injury by use of a vehicle; classification HB2093/ Chapter 143 relating to school crossings
Effective after December 31, 2008 Amends subsection A.3(e) as follows: A.3 (e) (A person is guilty of causing serious physical injury by use of a vehicle if the person commits a violation of) section 28-797, subsection F, G, H OR I. Renumbers to conform to changes
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28-776 Funeral or military procession right-of-way; funeral or military escort vehicles; certification; fee; definitions HB2249/Chapter 99 relating to right-of-way
Amends subsections A, B and C, and adds new subsection I(2) as follows: A. Pedestrians and the operators of all vehicles, except emergency vehicles, shall yield the right-of-way to each vehicle that is a part of a funeral procession being led by a funeral escort vehicle OR A MILITARY PROCESSION BEING LED BY A MILITARY ESCORT VEHICLE. The driver of the funeral escort vehicle OR MILITARY ESCORT VEHICLE may direct the drivers of other vehicles in the procession to proceed through any intersection or to make turns or other movements, and the other vehicles may continue to follow and make the turns or other movements as are made by or as directed by the driver of the funeral escort vehicle OR MILITARY ESCORT VEHICLE notwithstanding any traffic control device prescribed by statute or local ordinance, except that a driver of a vehicle in the funeral procession OR MILITARY PROCESSION shall not exceed the posted speed limit and shall exercise reasonable and prudent care to avoid colliding with any other vehicle or pedestrian on the roadway. Each vehicle in a funeral procession OR MILITARY PROCESSION shall have its headlights lighted. B. A driver of a funeral escort vehicle OR MILITARY ESCORT VEHICLE who is certified pursuant to subsection D of this section may direct and control the drivers of vehicles in a funeral procession OR MILITARY PROCESSION and any other vehicle in or approaching any intersection to stop, proceed or make the turns or other movements as required without regard to any traffic control device prescribed by statute or local ordinance. Funeral escort vehicles OR MILITARY ESCORT VEHICLES may exceed the speed limit by fifteen miles per hour when overtaking processions to direct traffic at the next intersection. A funeral escort vehicle OR MILITARY ESCORT VEHICLE shall be equipped with at least one lighted lamp exhibiting a red or red and blue light or lens visible under normal atmospheric conditions from a distance of five hundred feet to the front of the vehicle AND AN AUDIBLE SIGNAL BY BELL, SIREN OR EXHAUST WHISTLE AS REQUIRED UNDER SECTION 28-624. C. The sheriff in each county shall register funeral escort vehicles AND MILITARY ESCORT VEHICLES and issue an identification sticker or plate that is affixed to the vehicle in order to identify the vehicle as a funeral escort vehicle OR MILITARY ESCORT VEHICLE. When acting as a funeral escort OR MILITARY ESCORT, the driver of a properly equipped and registered funeral escort vehicle OR MILITARY ESCORT VEHICLE has all of the rights and privileges of a driver of an authorized emergency vehicle proceeding to an emergency call as provided under section 28-624. I (2) (For the purposes of this section) "MILITARY PROCESSION" MEANS TWO OR MORE VEHICLES, INCLUDING A MILITARY ESCORT VEHICLE, ACCOMPANYING ANY OF THE FOLLOWING: (a) THE BODY OF A DECEASED MEMBER OF THE UNITED STATES MILITARY OR A DECEASED VETERAN OF THE UNITED STATES MILITARY. (b) A MEMBER OF THE UNITED STATES MILITARY WHO IS BEING DEPLOYED OR WHO IS RETURNING FROM DEPLOYMENT. (c) A PERSON WHO IS BEING HONORED AT A MILITARY EVENT. (d) A MONUMENT HONORING UNITED STATES MILITARY MEMBERS OR VETERANS OF THE UNITED STATES MILITARY THAT IS BEING TRANSPORTED IN THIS STATE. C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc 17
28-797 School crossings; civil penalty; assessment; definition HB2093 / Chapter 143 relating to school crossings
Effective after December 31, 2008 Adds subsections H, I and K, and amends subsections J as follows: H. A VEHICLE APPROACHING THE CROSSWALK SHALL NOT PROCEED AT A SPEED OF MORE THAN FIFTEEN MILES PER HOUR BETWEEN THE PORTABLE SIGNS PLACED ON THE HIGHWAY INDICATING "SCHOOL IN SESSION", "STOP WHEN CHILDREN ARE IN CROSSWALK" AND "CIVIL PENALTY WILL BE DOUBLED". I. WHEN A SCHOOL AUTHORITY PLACES AND MAINTAINS THE REQUIRED PORTABLE "SCHOOL IN SESSION" SIGNS, "STOP WHEN CHILDREN ARE IN CROSSWALK" SIGNS AND "CIVIL PENALTY WILL DOUBLE" SIGNS, ALL VEHICLES SHALL COME TO A COMPLETE STOP AT THE SCHOOL CROSSING WHEN A PERSON IS IN THE CROSSWALK. J. If a person is found responsible for a violation of SUBSECTION F OR G OF this section, the person is subject to a civil penalty. K. IF A PERSON IS FOUND RESPONSIBLE FOR A VIOLATION OF SUBSECTION H OR I OF THIS SECTION, THE PERSON IS SUBJECT TO A CIVIL PENALTY AND SHALL PAY AN ADDITIONAL ASSESSMENT EQUAL TO THE AMOUNT OF THE CIVIL PENALTY. THE ADDITIONAL ASSESSMENT IS NOT SUBJECT TO ANY SURCHARGE. Amends subsections L, M and N indicating how the courts will collect the additional assessment referenced in subsection K above. Renumbers to conform to changes
28-929 Additional lighting equipment required on certain vehicles HB2088/ Chapter 142 relating to motor carrier safety
Amends this section to require TWO STOPLIGHTS on buses and trucks, including a truck tractor, regardless of size. Requires a THIRD SIDE MARKER LAMP AT THE MIDPOINT BETWEEN THE FRONT AND REAR MARKER LAMPS, and A THIRD REFLECTOR AT THE MIDPOINT BETWEEN THE FRONT AND REAR REFLECTORS on vehicles that exceed 30 feet in length. Trailers or semi-trailers with a gross weight of more than three thousand pounds, and that are THIRTY FEET IN LENGTH, are required to have A THIRD SIDE MARKER LAMP AT THE MIDPOINT BETWEEN THE FRONT AND REAR MARKER LAMPS and A THIRD REFLECTOR AT THE MIDPOINT BETWEEN THE FRONT AND REAR REFLECTORS. Trailers, semi-trailers or pole trailers with a gross weight of three thousand pounds or less are required to have TWO STOPLIGHTS if it is loaded in such a manner or is of such dimensions as to obscure the stoplight on the towing vehicle. C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc 18
28-935 Lamp or flag on projecting load HB2088/ Chapter 142 relating to motor carrier safety
Amends subsections A and B as follows: A. If the load on a vehicle extends to the rear four feet or more beyond the bed or body of the vehicle, TWO red LIGHTS or TWO LANTERNS AND REFLECTORS, ONE ON EACH SIDE, plainly visible from a distance of at least five hundred feet to the sides and rear shall be displayed at the extreme rear end of the load, at the times specified in section 28-922. The red light or lantern required by this section is in addition to the red rear light required on every vehicle. B. At any other time, a red flag or cloth not less than EIGHTEEN inches square shall be displayed at the extreme rear end of the load. The flag or cloth shall be displayed so that the entire area is visible to the driver of a vehicle approaching from the rear.
28-956 Mirrors HB2088/ Chapter 142 relating to motor carrier safety

Amends as follows: A motor vehicle that is constructed or loaded in a manner that obstructs the driver's view to the rear of the vehicle from the driver's position shall be equipped with TWO MIRRORS located in a manner to reflect to the driver a view of the highway for a distance of at least two hundred feet to the rear of the vehicle.
28-1111 Commercial and noncommercial vehicles and trailers; website publications HB2355/ Chapter 147 relating to commercial motor vehicles
Adds new section as follows: A. IN COOPERATION WITH THE DEPARTMENT OF PUBLIC SAFETY, THE DEPARTMENT OF TRANSPORTATION SHALL DEVELOP EASILY UNDERSTANDABLE PUBLICATIONS OF THE LAWS, RULES AND DEPARTMENT POLICIES RELATING TO COMMERCIAL AND NONCOMMERCIAL MOTOR VEHICLES, TRAILERS AND VEHICLE COMBINATIONS THAT CONTAIN THE FOLLOWING: 1. WEIGHT THRESHOLDS SPECIFYING THE DIFFERENCES BETWEEN COMMERCIAL AND NONCOMMERCIAL VEHICLES AND VEHICLE COMBINATIONS. 2. EQUIPMENT REQUIREMENTS FOR DIFFERENT WEIGHT CLASSES OF COMMERCIAL AND NONCOMMERCIAL VEHICLES AND VEHICLE COMBINATIONS. 3. ALLOWABLE VEHICLE COMBINATIONS. 4. OTHER INFORMATION THE DIRECTOR DEEMS NECESSARY. C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc 19
B. THE DEPARTMENT OF TRANSPORTATION AND THE DEPARTMENT OF PUBLIC SAFETY SHALL JOINTLY DEVELOP AND PUBLISH ON THE WEBSITE OF EACH AGENCY THE INFORMATION PRESCRIBED BY SUBSECTION A NO LATER THAN JANUARY 1, 2009.
28-1171 Definitions SB1167/ Chapter 294 relating to off-highway vehicles

Effective December 31, 2008 Adds items 1, 2 and 4 and amends subsections 3, 5, 6(a), 7, 8, 8(b) and 9 as follows: In this article, unless the context otherwise requires: 1. "ACCESS ROAD" MEANS A MULTIPLE USE CORRIDOR THAT MEETS ALL OF THE FOLLOWING CRITERIA: (a) IS MAINTAINED FOR TRAVEL BY TWO-WHEEL VEHICLES. (b) ALLOWS ENTRY TO STAGING AREAS, RECREATIONAL FACILITIES, TRAIL HEADS AND PARKING. (c) IS DETERMINED TO BE AN ACCESS ROAD BY THE APPROPRIATE LAND MANAGING AUTHORITY. 2. "CLOSED COURSE" MEANS A MAINTAINED FACILITY THAT USES DEPARTMENT APPROVED DUST ABATEMENT AND FIRE ABATEMENT MEASURES. 3. "Highway" means the entire width between the boundary lines of every way publicly maintained by the federal government, the department, a city, a town or a county if any part of the way is generally open to the use of the public for purposes of CONVENTIONAL TWO-WHEEL DRIVE vehicular travel. HIGHWAY DOES NOT INCLUDE ROUTES DESIGNATED FOR OFF-HIGHWAY VEHICLE USE. 4. "MITIGATION" MEANS THE RECTIFICATION OR REDUCTION OF EXISTING DAMAGE TO NATURAL RESOURCES, INCLUDING FLORA, FAUNA AND LAND OR CULTURAL RESOURCES, INCLUDING PREHISTORIC OR HISTORIC ARCHAEOLOGICAL SITES, IF THE DAMAGE IS CAUSED BY OFF-HIGHWAY VEHICLES. 5. Off-highway recreation facility" includes off-highway vehicle use areas and trails designated for use by off-highway vehicles. 6.(a) ("Off-highway vehicle") Means a motorized vehicle when operated PRIMARILY off of highways on land, water, snow, ice or other natural terrain or on a combination of land, water, snow, ice or other natural terrain. 7. "Off-highway vehicle special event" means an event THAT IS endorsed, AUTHORIZED, PERMITTED or sponsored by a FEDERAL, STATE, county or MUNICIPAL AGENCY AND in which the event participants operate off-highway vehicles on specific routes OR AREAS designated by a local authority pursuant to section 28-627. 8. "Off-highway vehicle trail" means a multiple use corridor that is BOTH of the following: C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc 20
8.(b) DESIGNATED OR MANAGED by OR FOR the managing authority of the property that the trail traverses for off-highway vehicle use. 9. "Off-highway vehicle use area" means the entire area of a parcel of land, except for approved buffer areas, that is managed OR DESIGNATED for off-highway vehicle use. Renumbers to conform to changes.
28-1174 Operation restrictions; violation; classification SB1167/ Chapter 294 relating to off-highway vehicles
Effective December 31, 2008 Amends subsections A, E and G and adds subsections B, C, D, F and H as follows: A. A person SHALL NOT drive an off-highway vehicle: 2. OFF OF AN EXISTING ROAD, TRAIL OR ROUTE IN A MANNER THAT CAUSES DAMAGE TO WILDLIFE HABITAT, RIPARIAN AREAS, CULTURAL OR NATURAL RESOURCES OR PROPERTY OR IMPROVEMENTS. 3. ON ROADS, TRAILS, ROUTES OR AREAS CLOSED AS INDICATED IN RULES OR REGULATIONS OF A FEDERAL AGENCY, THIS STATE, A COUNTY OR A MUNICIPALITY OR BY PROPER POSTING IF THE LAND IS PRIVATE LAND. 4. OVER UNIMPROVED ROADS, TRAILS, ROUTES OR AREAS UNLESS DRIVING ON ROADS, TRAILS, ROUTES OR AREAS WHERE SUCH DRIVING IS ALLOWED BY RULE OR REGULATION. B. A PERSON SHALL DRIVE AN OFF-HIGHWAY VEHICLE ONLY ON ROADS, TRAILS, ROUTES OR AREAS THAT ARE OPENED AS INDICATED IN RULES OR REGULATIONS OF A FEDERAL AGENCY, THIS STATE, A COUNTY OR A MUNICIPALITY. C. A PERSON SHALL NOT OPERATE AN OFF-HIGHWAY VEHICLE IN A MANNER THAT DAMAGES THE ENVIRONMENT, INCLUDING EXCESSIVE POLLUTION OF AIR, WATER OR LAND, ABUSE OF THE WATERSHED OR CULTURAL OR NATURAL RESOURCES OR IMPAIRMENT OF PLANT OR ANIMAL LIFE, WHERE IT IS PROHIBITED BY RULE, REGULATION, ORDINANCE OR CODE. D. A PERSON SHALL NOT PLACE OR REMOVE A REGULATORY SIGN GOVERNING OFF-HIGHWAY VEHICLE USE ON ANY PUBLIC OR STATE LAND. THIS SUBSECTION DOES NOT APPLY TO AN AGENT OF AN APPROPRIATE FEDERAL, STATE, COUNTY, TOWN OR CITY AGENCY OPERATING WITHIN THAT AGENCY'S AUTHORITY. E. A person who violates SUBSECTION A, PARAGRAPH 1 is guilty of a class 2 misdemeanor.
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F. A PERSON WHO VIOLATES ANY OTHER PROVISION OF THIS SECTION IS GUILTY OF A CLASS 3 MISDEMEANOR. G. In addition to or in lieu of A fine PURSUANT TO this section, a judge may order the person to perform at least eight but not more than twenty-four hours of community restitution or to complete an approved safety course RELATED TO THE OFF-HIGHWAY OPERATION OF MOTOR VEHICLES, or both. H. SUBSECTIONS A AND B DO NOT PROHIBIT A PRIVATE LANDOWNER OR LESSEE FROM PERFORMING NORMAL AGRICULTURAL OR RANCHING PRACTICES WHILE OPERATING AN ALL-TERRAIN VEHICLE OR AN OFF-HIGHWAY VEHICLE ON THE PRIVATE OR LEASED LAND.
28-1177 Off-highway vehicle user fee; indicia; registration; state trust land recreational permit; exception SB1167/ Chapter 294 relating to off-highway vehicles
Effective December 31, 2008 Adds new section as follows: A. A PERSON SHALL NOT OPERATE AN ALL-TERRAIN VEHICLE OR AN OFF-HIGHWAY VEHICLE IN THIS STATE WITHOUT AN OFF-HIGHWAY VEHICLE USER INDICIA ISSUED BY THE DEPARTMENT IF THE ALL-TERRAIN VEHICLE OR OFF-HIGHWAY VEHICLE MEETS BOTH OF THE FOLLOWING CRITERIA: 1. IS DESIGNED BY THE MANUFACTURER PRIMARILY FOR TRAVEL OVER UNIMPROVED TERRAIN. 2. HAS AN UNLADEN WEIGHT OF EIGHTEEN HUNDRED POUNDS OR LESS. B. A PERSON SHALL APPLY TO THE DEPARTMENT OF TRANSPORTATION FOR THE OFF-HIGHWAY VEHICLE USER INDICIA BY SUBMITTING AN APPLICATION PRESCRIBED BY THE DEPARTMENT OF TRANSPORTATION AND A USER FEE FOR THE INDICIA IN AN AMOUNT TO BE DETERMINED BY THE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION IN COOPERATION WITH THE DIRECTOR OF THE ARIZONA GAME AND FISH DEPARTMENT AND THE ARIZONA STATE PARKS BOARD. THE USER INDICIA IS VALID FOR ONE YEAR FROM THE DATE OF ISSUANCE AND MAY BE RENEWED. THE DEPARTMENT SHALL PRESCRIBE BY RULE THE DESIGN AND PLACEMENT OF THE INDICIA. C. WHEN A PERSON PAYS FOR AN OFF-HIGHWAY VEHICLE USER INDICIA PURSUANT TO THIS SECTION, THE PERSON MAY REQUEST A MOTOR VEHICLE REGISTRATION IF THE VEHICLE MEETS ALL EQUIPMENT REQUIREMENTS TO BE OPERATED ON A HIGHWAY PURSUANT TO ARTICLE 16 OF THIS CHAPTER. IF A PERSON SUBMITS A SIGNED AFFIDAVIT TO THE DEPARTMENT AFFIRMING THAT THE VEHICLE MEETS ALL OF THE EQUIPMENT REQUIREMENTS FOR HIGHWAY USE AND THAT THE VEHICLE WILL BE OPERATED PRIMARILY OFF OF HIGHWAYS, THE DEPARTMENT SHALL REGISTER THE VEHICLE FOR HIGHWAY USE AND THE VEHICLE OWNER IS NOT REQUIRED TO PAY THE REGISTRATION FEE PRESCRIBED IN SECTION 28-2003. THIS SUBSECTION DOES NOT APPLY TO VEHICLES THAT AS PRODUCED BY THE MANUFACTURER MEET THE EQUIPMENT REQUIREMENTS TO BE OPERATED ON A HIGHWAY PURSUANT TO ARTICLE 16 OF THIS CHAPTER. C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc 22
D. THE DIRECTOR SHALL DEPOSIT, PURSUANT TO SECTIONS 35-146 AND 35-147, SEVENTY PER CENT OF THE USER FEES COLLECTED PURSUANT TO THIS SECTION IN THE OFF-HIGHWAY VEHICLE RECREATION FUND ESTABLISHED BY SECTION 28-1176 AND THIRTY PER CENT OF THE USER FEES COLLECTED PURSUANT TO THIS SECTION IN THE ARIZONA HIGHWAY USER REVENUE FUND. E. AN OCCUPANT OF AN OFF-HIGHWAY VEHICLE WITH A USER INDICIA ISSUED PURSUANT TO THIS SECTION WHO CROSSES STATE TRUST LANDS MUST COMPLY WITH ALL OF THE RULES AND REQUIREMENTS UNDER A STATE TRUST LAND RECREATIONAL PERMIT. ALL OCCUPANTS OF AN OFF-HIGHWAY VEHICLE WITH A USER INDICIA SHALL OBTAIN A STATE TRUST LAND RECREATIONAL PERMIT FROM THE STATE LAND DEPARTMENT FOR ALL OTHER AUTHORIZED RECREATIONAL ACTIVITIES ON STATE TRUST LAND. F. THIS SECTION DOES NOT APPLY TO OFF-HIGHWAY VEHICLES, ALL-TERRAIN VEHICLES OR OFF-ROAD RECREATIONAL MOTOR VEHICLES THAT ARE USED OFF-HIGHWAY EXCLUSIVELY FOR AGRICULTURAL, RANCHING, CONSTRUCTION, MINING OR BUILDING TRADE PURPOSES.
28-1178 Operation of off-highway vehicles; exceptions SB1167/ Chapter 294 relating to off-highway vehicles
Effective December 31, 2008 Adds new section as follows: A. A PERSON MAY OPERATE AN ALL-TERRAIN VEHICLE OR AN OFF-HIGHWAY VEHICLE IN THIS STATE WITHOUT AN OFF-HIGHWAY VEHICLE USER INDICIA ISSUED PURSUANT TO SECTION 28-1177 IF ANY OF THE FOLLOWING APPLIES: 1. THE PERSON IS PARTICIPATING IN AN OFF-HIGHWAY SPECIAL EVENT. 2. THE PERSON IS OPERATING AN ALL-TERRAIN VEHICLE OR AN OFFHIGHWAY VEHICLE ON PRIVATE LAND. 3. THE PERSON IS LOADING OR UNLOADING AN ALL-TERRAIN VEHICLE OR AN OFF-HIGHWAY VEHICLE FROM A VEHICLE. 4. DURING A PERIOD OF EMERGENCY OR IF THE OPERATION IS DIRECTED BY A PEACE OFFICER OR OTHER PUBLIC AUTHORITY. 5. ALL OF THE FOLLOWING APPLY: (a) THE PERSON IS NOT A RESIDENT OF THIS STATE. (b) THE PERSON OWNS THE VEHICLE. (c) THE VEHICLE DISPLAYS A CURRENT OFF-HIGHWAY VEHICLE USER INDICIA OR REGISTRATION FROM THE PERSON'S STATE OF RESIDENCY. (d) THE VEHICLE IS NOT IN THIS STATE FOR MORE THAN THIRTY CONSECUTIVE DAYS. C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc 23
28-1179 Off-highway vehicle equipment requirements; rule making SB1167/ Chapter 294 relating to off-highway vehicles
Effective December 31, 2008 Adds new section as follows: A. AN OFF-HIGHWAY VEHICLE IN OPERATION IN THIS STATE SHALL BE EQUIPPED WITH ALL OF THE FOLLOWING: 1. BRAKES ADQUATE TO CONTROL THE MOVEMENT OF THE VEHICLE AND TO STOP AND HOLD THE VEHICLE UNDER NORMAL OPERATING CONDITIONS. 2. LIGHTED HEADLIGHTS AND TAILLIGHTS THAT MEET OR EXCEED ORIGINAL EQUIPMENT MANUFACTURER GUIDELINES IF OPERATED BETWEEN ONE-HALF HOUR AFTER SUNSET AND ONE-HALF HOUR BEFORE SUNRISE. 3. EXCEPT WHEN OPERATING ON A CLOSED COURSE, EITHER A MUFFLER OR OTHER NOISE DISSIPATIVE DEVICE THAT PREVENTS SOUND ABOVE NINETY-SIX DECIBELS. THE DIRECTOR SHALL ADOPT THE CURRENT SOUND MEASUREMENT STANDARD OF THE SOCIETY OF AUTOMOTIVE ENGINEERS FOR ALL-TERRAIN VEHICLES AND MOTORCYCLES AND THE CURRENT SOUND MEASUREMENT STANDARD OF THE INTERNATIONAL ORGANIZATION FOR STANDARDIZATION FOR ALL OTHER OFF-HIGHWAY VEHICLES. 4. A SPARK ARRESTOR DEVICE THAT IS APPROVED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE AND THAT IS IN CONSTANT OPERATION EXCEPT IF OPERATING ON A CLOSED COURSE. 5. A SAFETY FLAG THAT IS AT LEAST SIX BY TWELVE INCHES AND THAT IS ATTACHED TO THE OFF-HIGHWAY VEHICLE AT LEAST EIGHT FEET ABOVE THE SURFACE OF LEVEL GROUND, IF OPERATED ON SAND DUNES OR AREAS DESIGNATED BY THE MANAGING AGENCY. B. A PERSON WHO IS UNDER EIGHTEEN YEARS OF AGE MAY NOT OPERATE OR RIDE ON AN OFF-HIGHWAY VEHICLE ON PUBLIC OR STATE LAND UNLESS THE PERSON IS WEARING PROTECTIVE HEADGEAR THAT IS PROPERLY FITTED AND FASTENED, THAT IS DESIGNED FOR MOTORIZED VEHICLE USE AND THAT HAS A MINIMUM UNITED STATES DEPARTMENT OF TRANSPORTATION SAFETY RATING. C. IN CONSULTATION WITH THE DEPARTMENT OF TRANSPORTATION, THE ARIZONA GAME AND FISH COMMISSION MAY: 1. ADOPT RULES NECESSARY TO IMPLEMENT THIS SECTION. 2. PRESCRIBE ADDITIONAL EQUIPMENT REQUIREMENTS NOT IN CONFLICT WITH FEDERAL LAWS. D. THIS SECTION DOES NOT APPLY TO A PRIVATE LANDOWNER OR LESSEE PERFORMING NORMAL AGRICULTURAL OR RANCHING PRACTICES WHILE C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc
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OPERATING AN ALL-TERRAIN VEHICLE OR AN OFF-HIGHWAY VEHICLE ON THE PRIVATE OR LEASED LAND IN ACCORDANCE WITH THE LANDOWNER'S OR LESSEE'S LEASE.
28-1180 Race or organized event; authorization required SB1167/ Chapter 294 relating to off-highway vehicles
Effective December 31, 2008 Adds new section as follows: NO PERSON MAY ORGANIZE, PROMOTE OR HOLD AN OFF-HIGHWAY VEHICLE RACE OR OTHER ORGANIZED EVENT ON ANY LAND OR HIGHWAY IN THIS STATE, EXCEPT AS AUTHORIZED BY THE APPROPRIATE AGENCY THAT HAS JURISDICTION OVER THE LAND OR HIGHWAY OR THE LANDOWNER.
28-1181 Civil traffic violation SB1167/ Chapter 294 relating to off-highway vehicles
Effective December 31, 2008 Adds new section as follows: UNLESS OTHERWISE SPECIFIED IN THIS ARTICLE, A VIOLATION OF THIS ARTICLE IS A CIVIL TRAFFIC VIOLATION.
28-1321 Implied consent; tests; refusal to submit to test; order of suspension; hearing; review; temporary permit; notification of suspension; special ignition interlock restricted driver license HB2643/ Chapter 256 relating to liquor
Effective from and after December 31, 2008 Amends subsection B by splitting it and adding B.1 and B.2 and adds subsections G.4, J, L, O and P
as follows:
B. After an arrest a violator shall be requested to submit to and successfully complete any test or tests prescribed by subsection A of this section . . . A failure to expressly agree to the test or successfully complete the test is deemed a refusal. The violator shall also be informed that: 1. If the test results show a blood or breath alcohol concentration of 0.08 or more, or if the results show a blood or breath alcohol concentration of 0.04 or more and the violator was driving or in actual physical control of a commercial motor vehicle, the violator's license or permit to drive will be suspended or denied for not less than ninety consecutive days. 2. THE VIOLATOR'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 C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc 25
SUSPENSION ONLY IF THE VIOLATOR COMPLETES ALCOHOL OR OTHER DRUG SCREENING. G. 4. (The order of suspension issued by a law enforcement officer or the department under this section shall notify 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. 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 license or permit, the department shall issue and retain a RESTRICTED license or permit subject to this section. L. . . . 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 to the person the issuance of a license or permit for a period of twelve months after the order of suspension becomes effective or for a period of two years after the order of suspension becomes effective for a second or subsequent refusal within a period of eighty-four months, AND 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 PERSON COMPLETES ALCOHOL OR OTHER DRUG SCREENING. O. 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.. . . P. After completing not less than ninety consecutive days of the period of suspension required by this section AND ANY ALCOHOL OR OTHER DRUG SCREENING THAT IS ORDERED BY THE DEPARTMENT PURSUANT TO THIS CHAPTER, a person whose driving privilege is suspended pursuant to this section may apply to the department for a special ignition interlock restricted driver license pursuant to section 28-1401. Unless the certified ignition interlock period is extended by the department pursuant to SECTION 281461, a person who is issued a special ignition interlock restricted driver license as provided in this subsection shall maintain a functioning certified ignition interlock device in compliance with this chapter during the remaining period of the suspension prescribed by this section.. . .
28-1382 Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification HB2643/ Chapter 256 relating to liquor
Effective from and after December 31, 2008 Amends subsection A and adds subsections A.1 and A.2 as follows:
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A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration AS FOLLOWS within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle: 1. O.15 OR MORE BUT LESS THAN 0.20 2. 0.20 OR MORE Amends subsections D.1 and D.2 as follows: D. A person who is convicted of a violation of this section: 1. Shall be sentenced to serve not less than thirty consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served IF THE PERSON IS CONVICTED OF A VIOLATION OF SUBSECTION A, PARAGRAPH 1 OF THIS SECTION. A person who IS CONVICTED OF A VIOLATION OF SUBSECTION A, PARAGRAPH 2 OF THIS SECTION shall be sentenced to serve not less than forty-five consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served. 2. Shall pay a fine of not less than two hundred fifty dollars, except that a person who IS CONVICTED OF A VIOLATION OF SUBSECTION A, PARAGRAPH 2 OF THIS SECTION shall pay a fine of not less than five hundred dollars. The fine prescribed in this paragraph and any assessments, restitution and incarceration costs shall be paid before the assessment prescribed in paragraph 3 of this subsection. Deletes subsections E and G and amends new subsection E as follows: E. If within a period of eighty-four months a person is convicted of a second violation of this section or is convicted of a violation of this section and has previously been convicted of a violation of section 28-1381 or 28-1383 or an act in another jurisdiction that if committed in this state would be a violation of this section or section 28-1381 or 28-1383, the person: 1. Shall be sentenced to serve not less than one hundred twenty days in jail, sixty days of which shall be served consecutively, and is not eligible for probation or suspension of execution of sentence unless the entire sentence has been served IF THE PERSON IS CONVICTED OF A VIOLATION OF SUBSECTION A, PARAGRAPH 1 OF THIS SECTION. A person IS CONVICTED OF A VIOLATION OF SUBSECTION A, PARAGRAPH 2 OF THIS SECTION shall be sentenced to serve not less than one hundred eighty days in jail, ninety of which shall be served consecutively, and is not eligible for probation or suspension of execution of sentence unless the entire sentence has been served. 2. Shall pay a fine of not less than five hundred dollars, except that a person who IS CONVICTED OF A VIOLATION OF SUBSECTION A, PARAGRAPH 2 OF THIS SECTION shall pay a fine of not less than one thousand dollars. The fine prescribed in this paragraph and any assessments, restitution and incarceration costs shall be paid before the assessment prescribed in paragraph 3 of this subsection. Renumbers to conform to changes C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc 27
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 HB2643/ Chapter 256 relating to liquor
Effective from and after December 31, 2008 Amends subsections A.1, A.2, B.2, B.3, B.4 and F, and adds subsections C.6, C.7, D and F as follows: 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 33, 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 blood or breath alcohol test 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 either OF THE FOLLOWING: 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: 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 33, 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 33, 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. The officer shall also serve an order of suspension on the person on behalf of the department. 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. C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc 28
D. IF THE BLOOD ALCOHOL CONCENTRATION 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. F. 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. Amends subsections G, G.1, G.2, H, I, J.2, L and O and adds G.4 as follows: G. Notwithstanding subsections A THROUGH F 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. . . if the person: 1. Did not cause A DEATH OR A 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 33, 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. 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. IF THE OFFICER DOES NOT SERVE AN ORDER OF SUSPENSION PURSUANT TO SUBSECTION C 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, or 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, the department shall notify the person named in the report. . . I. . . . 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. . . . J.2 (For the purposes of this section, the scope of the hearing shall include) whether the person was placed under arrest for a violation of section 4-244, paragraph 33, section 281381, 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. C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc 29
L. 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 . . . 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. O. 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.
28-1387 Prior convictions; alcohol or other drug screening, education and treatment; license suspension; supervised probation; civil liability; procedures HB2643/ Chapter 256 relating to liquor
Effective from and after December 31, 2008 Amends subsections B, C and E, and adds H as follows: 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 or a probation department. . .. THE COURT MAY ACCEPT EVIDENCE OF A PERSON'S COMPLETION OF AN ALCOHOL OR OTHER DRUG SCREENING, EDUCATION OR TREATMENT PROGRAM PURSUANT TO SECTION 28-1445 AS SUFFICIENT TO MEET THE REQUIREMENTS OF THIS SECTION OR SECTION 281381, 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 fortyeight consecutive hours in jail. . . the court may provide in the sentence that the defendant. . . may be allowed out of jail only long enough to complete the actual hours of employment or schooling. E. When the department receives notification that the person meets the criteria provided in section 28-1385, SUBSECTION G, the department shall suspend the driving privileges of the person 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 any of the following:
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H. IF A PERSON FAILS TO COMPLETE THE COMMUNITY RESTITUTION ORDERED PURSUANT TO SECTION 28-1381, SUBSECTION K OR SECTION 28-1382, SUBSECTION E, THE COURT MAY ORDER ALTERNATIVE SANCTIONS IF THE COURT DETERMINES THAT ALTERNATIVE SANCTIONS ARE MORE APPROPRIATE. Renumbers to conform to changes
28-1445 Alcohol or other drug screening; license suspension HB2643/ Chapter 256 relating to liquor
Effective from and after December 31, 2008 Adds new section as follows: A. THE DEPARTMENT OF TRANSPORTATION SHALL ORDER A PERSON WHOSE DRIVING PRIVILEGE, LICENSE, PERMIT, RIGHT TO APPLY FOR A LICENSE OR PERMIT OR NONRESIDENT OPERATING PRIVILEGE IS SUSPENDED PURSUANT TO SECTION 28-1385 TO COMPLETE ALCOHOL OR OTHER DRUG SCREENING PURSUANT TO THIS CHAPTER. THE ALCOHOL OR OTHER DRUG SCREENING SHALL BE PROVIDED BY A FACILITY APPROVED BY THE DEPARTMENT OF HEALTH SERVICES. B. THE DEPARTMENT MAY ACCEPT EVIDENCE SATISFACTORY TO THE DEPARTMENT AND IN A MANNER PRESCRIBED BY THE DEPARTMENT, AFTER CONSULTING WITH THE ADMINISTRATIVE OFFICE OF THE COURTS, OF A PERSON'S COMPLETION OF ALCOHOL OR OTHER DRUG SCREENING ORDERED BY THE COURT PURSUANT TO SECTION 28-1381, 28-1382, 28-1383 OR 28-1387 AS SUFFICIENT TO MEET THE ALCOHOL OR OTHER DRUG SCREENING REQUIREMENTS OF SECTION 28-1385 AND THIS SECTION OR THE DEPARTMENT MAY ORDER THE PERSON TO COMPLETE ADDITIONAL ALCOHOL OR OTHER DRUG SCREENING. C. A PERSON WHO IS ORDERED TO COMPLETE ALCOHOL OR OTHER DRUG SCREENING IS RESPONSIBLE FOR PAYING THE COSTS OF THE SCREENING. D. THE DEPARTMENT SHALL ISSUE A DRIVER LICENSE OR PERMIT OR REINSTATE A PERSON'S DRIVING PRIVILEGE ONLY IF THE PERSON PROVIDES SATISFACTORY EVIDENCE TO THE DEPARTMENT THAT THE PERSON HAS COMPLETED ALCOHOL OR OTHER DRUG SCREENING. E. A PERSON WHO PROVIDES AN ALCOHOL OR OTHER DRUG SCREENING PROGRAM SHALL ELECTRONICALLY REPORT THE FOLLOWING TO THE DEPARTMENT IN A FORM PRESCRIBED BY THE DEPARTMENT: 1. THE COMPLETION OF SCREENING PURSUANT TO THIS SECTION. 2. THE FAILURE OF A PERSON TO COMPLETE SCREENING AS ORDERED BY THE DEPARTMENT PURSUANT TO THIS SECTION.
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28-1461 Use of certified ignition interlock devices; reporting HB2643/ Chapter 256 relating to liquor
Effective from and after December 31, 2008 Adds subsections B, C, D, E and G as follows: B. WHILE A PERSON MAINTAINS A FUNCTIONING CERTIFIED IGNITION INTERLOCK DEVICE IN A VEHICLE PURSUANT TO THIS CHAPTER, EACH TIME AN INSTALLER OBTAINS INFORMATION RECORDED BY A CERTIFIED IGNITION INTERLOCK DEVICE THE INSTALLER SHALL ELECTRONICALLY PROVIDE TO THE DEPARTMENT IN A FORM PRESCRIBED BY THE DEPARTMENT THE FOLLOWING INFORMATION: 1. ANY TAMPERING OR CIRCUMVENTION. 2. ANY FAILURE TO PROVIDE PROOF OF COMPLIANCE OR INSPECTION OF THE CERTIFIED IGNITION INTERLOCK DEVICE AS PRESCRIBED IN THIS SECTION. 3. ANY ATTEMPT TO OPERATE THE VEHICLE WITH AN ALCOHOL CONCENTRATION EXCEEDING THE PRESUMPTIVE LIMIT AS PRESCRIBED IN SECTION 28-1381, SUBSECTION G, PARAGRAPH 3 OR, IF THE PERSON IS UNDER TWENTY-ONE YEARS OF AGE, ANY ATTEMPT TO OPERATE THE VEHICLE WITH ANY SPIRITUOUS LIQUOR IN THE PERSON'S BODY. C. ON REQUEST, THE INSTALLER SHALL PROVIDE THE INFORMATION PRESCRIBED IN SUBSECTION B OF THIS SECTION TO: 1. THE DEPARTMENT OF HEALTH SERVICES AUTHORIZED PROVIDER. 2. THE PROBATION DEPARTMENT THAT IS PROVIDING ALCOHOL OR OTHER DRUG SCREENING, EDUCATION OR TREATMENT TO THE PERSON. 3. THE PHYSICIAN, PSYCHOLOGIST OR CERTIFIED SUBSTANCE ABUSE COUNSELOR WHO IS EVALUATING THE PERSON'S ABILITY TO SAFELY OPERATE A MOTOR VEHICLE FOLLOWING A REVOCATION OF THE PERSON'S DRIVING PRIVILEGE AS PRESCRIBED IN SECTION 28-3315, SUBSECTION D. 4. THE COURT. D. THE DEPARTMENT SHALL EXTEND AN IGNITION INTERLOCK RESTRICTED OR LIMITED DRIVER LICENSE AND THE CERTIFIED IGNITION INTERLOCK DEVICE PERIOD IF THE DEPARTMENT HAS REASONABLE GROUNDS TO BELIEVE THAT ANY OF THE FOLLOWING APPLIES: 1. THE PERSON TAMPERED WITH OR CIRCUMVENTED THE CERTIFIED IGNITION INTERLOCK DEVICE. 2. THE PERSON ATTEMPTED TO OPERATE THE VEHICLE WITH AN ALCOHOL CONCENTRATION EXCEEDING THE PRESUMPTIVE LIMIT AS PRESCRIBED IN SECTION 28-1381, SUBSECTION G, PARAGRAPH 3 THREE OR MORE TIMES DURING THE PERIOD OF LICENSE RESTRICTION OR LIMITATION. C:\Documents and Settings\rulexi\Local Settings\Temporary Internet 32 Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc
3. IF THE PERSON IS UNDER TWENTY-ONE YEARS OF AGE, THE PERSON ATTEMPTED TO OPERATE THE VEHICLE WITH ANY SPIRITUOUS LIQUOR IN THE PERSON'S BODY DURING THE PERIOD OF LICENSE RESTRICTION OR LIMITATION. 4. THE PERSON FAILED TO PROVIDE PROOF OF COMPLIANCE OR INSPECTION AS PRESCRIBED IN THIS SECTION. E. IF THE SPECIAL IGNITION INTERLOCK RESTRICTED LICENSE IS EXTENDED PURSUANT TO SUBSECTION D OF THIS SECTION, THE LIMITATIONS PRESCRIBED IN SECTIONS 28-1381, 28-1382, 28-1383 AND 28-3319 DO NOT BEGIN UNTIL THE RESTRICTIVE PERIOD OF THE LICENSE ENDS. G. PROOF OF COMPLIANCE DOES NOT INCLUDE A SKIPPED OR MISSED RANDOM SAMPLE IF THE MOTOR VEHICLE'S IGNITION IS OFF AT THE TIME OF THE SKIPPED OR MISSED SAMPLE. Renumbers to conform to changes
28-1593 Service of uniform traffic complaint HB2210/ Chapter 286 relating to criminal justice budget reconciliation
Adds subsections C, D and E as follows: C. NOTWITHSTANDING SUBSECTION B OF THIS SECTION, A CIVIL TRAFFIC VIOLATION ISSUED PURSUANT TO SECTION 41-1722 MAY BE ISSUED PURSUANT TO A NOTICE OF VIOLATION BEFORE A CITATION IS FILED IN COURT. D. IF A PERSON FAILS TO RESPOND TO THE NOTICE OF VIOLATION OR CONTESTS RESPONSIBILITY, A UNIFORM TRAFFIC COMPLAINT CITATION SHALL BE SERVED AND FILED AS OTHERWISE PROVIDED IN THIS SECTION. E. THE SUPREME COURT SHALL ESTABLISH RULES GOVERNING THE ISSUANCE, SERVICE AND PROCESSING OF THE NOTICE OF VIOLATION, INCLUDING RULES ALLOWING A PERSON TO ADMIT RESPONSIBILITY BEFORE A CITATION IS FILED IN COURT.
28-2001 Definitions HB2732/ Chapter 246 relating to vehicle registration requirements

Adds subsection A.1 (g) as follows: A.1 (g). ("Resident", for the purpose of registration and operation of motor vehicles, except as provided by paragraph 2, means) A PERSON WHO IS REGISTERED TO VOTE IN THIS STATE.
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28-2055 Certificate of title; content requirements; delivery HB2732/ Chapter 246 relating to vehicle registration requirements
Adds subsection B as follows: B. AT THE REQUEST OF THE OWNER AND ON PAYMENT OF A FEE PRESCRIBED BY THE DEPARTMENT BY RULE, THE CERTIFICATE OF TITLE MAY CONTAIN, BY ATTACHMENT, A TRANSFER ON DEATH PROVISION WHERE THE OWNER MAY DESIGNATE A BENEFICIARY OF THE TITLE. THE ATTACHMENT SHALL INCLUDE A NOTICE TO THE OWNER AND ANY BENEFICIARY THAT THE MONETARY LIMITATION ON THE TRANSFER OF PERSONAL PROPERTY IN A DECEDENT'S ESTATE PRESCRIBED IN SECTION 14-3971 MAY APPLY. Renumbers to conform to changes
28-2091 Salvage certificate of title; stolen vehicle certificate of title; nonrepairable vehicle certificate of title; recovered vehicles; violation; classification; definitions SB1165/ Chapter 258 relating to the salvage, seizure and dismantling of vehicles.
Amends subsections A, E, I, J, K, L and adds subsection B as follows: A. If a vehicle that is subject to titling or registration pursuant to this chapter becomes a salvage vehicle, STOLEN VEHICLE or non-repairable vehicle and is acquired by an insurance company as a result of a total loss insurance settlement, the insurance company or its authorized agent shall submit an application, AS DETERMINED BY THE INSURANCE COMPANY OR ITS AUTHORIZED AGENT, to the department within thirty days after the title is properly assigned by the owner to the insurance company, with all liens released, on a form prescribed by the department for EITHER a salvage certificate of title, STOLEN VEHICLE CERTIFICATE OF TITLE or non-repairable vehicle certificate of title. THE SELECTED TITLE SHALL include the following: B. WITHIN THIRTY DAYS AFTER ORAL OR WRITTEN ACCEPTANCE BY THE OWNER OF AN OFFER IN SETTLEMENT OF TOTAL LOSS, IF AN INSURANCE COMPANY OR ITS AUTHORIZED AGENT IS UNABLE TO OBTAIN THE DOCUMENTS PRESCRIBED BY SUBSECTION A, PARAGRAPHS 1 AND 2 OF THIS SECTION, THE INSURANCE COMPANY OR ITS AGENT, ON A FORM PROVIDED BY THE DEPARTMENT, MAY SUBMIT AN APPLICATION TO THE DEPARTMENT FOR A SALVAGE CERTIFICATE OF TITLE, STOLEN VEHICLE CERTIFICATE OF TITLE OR NONREPAIRABLE VEHICLE CERTIFICATE OF TITLE. THE APPLICATION SHALL INCLUDE EVIDENCE THAT THE INSURANCE COMPANY OR ITS AGENT HAS MADE TWO OR MORE WRITTEN ATTEMPTS TO OBTAIN THE DOCUMENTS PRESCRIBED BY SUBSECTION A, PARAGRAPHS 1 AND 2 OF THIS SECTION. THE APPLICATION SHALL INCLUDE THE APPROPRIATE FEES PRESCRIBED BY SUBSECTION A, PARAGRAPH 3 OF THIS SECTION. THE INSURANCE COMPANY SHALL INDEMNIFY AND HOLD HARMLESS THE DEPARTMENT FOR ANY CLAIMS RESULTING FROM THE ISSUANCE OF A SALVAGE CERTIFICATE OF TITLE, STOLEN VEHICLE CERTIFICATE OF TITLE OR NONREPAIRABLE VEHICLE CERTIFICATE OF TITLE PURSUANT TO THIS SUBSECTION. E. On receipt of a proper application, the department shall issue a salvage certificate of title, STOLEN VEHICLE CERTIFICATE OF TITLE or non-repairable vehicle certificate of title for the vehicle.
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I. Except as provided in subsection L of this section, the department shall issue a certificate of title to a vehicle that has been issued a salvage CERTIFICATE OF TITLE OR STOLEN VEHICLE certificate of title as a result of a total loss settlement . . . . J. On receipt of an affidavit submitted pursuant to subsection I, paragraph 2 of this section, the department shall mark its records to indicate the deployment or removal of the air bag or air bag module from the vehicle and the location of each deployment or removal. K. The insurance company or its authorized agent shall give the purchaser of a vehicle that is a recovered theft, as described in subsection I of this section, a copy of the affidavit submitted pursuant to subsection I of this section. L. If the vehicle is a recovered theft and components of the vehicle's air bag system, other than the air bag or the air bag module described in subsection I, paragraph 2 of this section. . . the insurance company or its authorized agent shall submit an affidavit to the department. . . stating that the vehicle is a recovered theft and that components of the vehicle's air bag system, other than the air bag or the air bag module described in subsection I, paragraph 2 of this section. . . were removed compromising the functional integrity of the air bag system or the structural integrity of the vehicle. M. Except as provided in subsection N of this section, any person who sells a vehicle that is issued a certificate of title pursuant to subsection I of this section . . . shall not fail to disclose the deployment or removal to the buyer. . . N. Subsection M of this section does not apply to either of the following: 1. An insurance company or its authorized agent who issues an affidavit pursuant to subsection I of this section unless the insurance company or its authorized agent intentionally fails to disclose. . . 2. A person who owns a vehicle that is issued a certificate of title pursuant to subsection I of this section if the person repairs or replaces the air bag or air bag module in the vehicle. Q. The provisions of this chapter that refer to titles apply to salvage certificates of title, STOLEN VEHICLE CERTIFICATES OF TITLE and non-repairable vehicle certificates of title issued pursuant to this section unless they conflict with this section. T.5. (For the purposes of this section) "STOLEN VEHICLE CERTIFICATE OF TITLE" MEANS A VEHICLE OWNERSHIP DOCUMENT ISSUED TO THE OWNER OF A VEHICLE THAT HAS BEEN STOLEN AND NOT RECOVERED. Renumbers to conform to changes
28-2154.01 Special ninety day nonresident registration permits; procedures; department of revenue actions HB2732/ Chapter 246 relating to vehicle registration requirements
Amends subsections B.1, B.1(d), H and J, and adds subsections B.1(a), B.1(b) and B.1(c) as follows:
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B.1. (The department, an authorized third party or a dealer shall not) issue, assign or deliver a special ninety day nonresident registration permit to any person UNLESS THE PERSON DOES ALL OF THE FOLLOWING: (a) OBTAINS THE SPECIAL NINETY DAY NONRESIDENT REGISTRATION PERMIT PURSUANT TO SECTION 28-2154. (b) COMPLETES AN AFFIDAVIT IN A FORM PRESCRIBED BY THE DIRECTOR PURSUANT TO SECTION 28-2154 OR COMPLETES A FORM PRESCRIBED BY SECTION 42-5009, SUBSECTION I. (c) PRESENTS TO THE DEPARTMENT, AUTHORIZED THIRD PARTY OR MOTOR VEHICLE DEALER A CURRENTLY VALID DRIVER LICENSE ISSUED BY ANOTHER STATE INDICATING AN ADDRESS OUTSIDE OF THIS STATE. (d) Provides any other information REASONABLY AND UNIFORMLY required by the department of transportation PURSUANT TO SECTION 28-2154 or the department of revenue PURSUANT TO SECTION 42-5009, SUBSECTION I.
28-2351 License plate provided; design HB2046/ Chapter 93 and SB1083/ Chapter 257 relating to special plates
Amends by adding 28-2429, 28-2430, 28-2431, and 28-2432, which create new license plates
28-2403 Special plates; transfers; violation; classification HB2046/ Chapter 93 and SB1083/ Chapter 257 relating to special plates
28-2405 License plate commission HB2046/ Chapter 93 and SB1083/ Chapter 257 relating to special plates
28-2429 Arizona Highways special plates HB2046/ Chapter 93 relating to special plates
Adds new section creating ARIZONA HIGHWAYS special license plates, and outlining the requirements for implementation.
28-2430 In God We Trust special plates HB2046/ Chapter 93 relating to special plates
Adds new section creating IN GOD WE TRUST special license plates, and outlining the requirements for implementation.
28-2431 Gold star family special plates SB1083/ Chapter 257 relating to license plates
Adds new section creating GOLD STAR FAMILY special license plates, and outlining the requirements for implementation.
28-2432 Arizona professional basketball club special plates; fund SB1083/ Chapter 257 relating to license plates
Adds new section creating ARIZONA PROFESSIONAL BASKETBALL CLUB special license plates, and outlining the requirements for implementation.
28-3319 Action after license suspension, revocation or denial for driving under the influence or refusal of test; ignition interlock device requirement; definition HB2643/ Chapter 256 relating to liquor
Effective from and after December 31, 2008 Amends subsection C as follows: C. If a person whose license or driving privilege is suspended or revoked pursuant to section 28-1321, 28-1381, 28-1382, 28-1383 OR 28-1385 is ordered, pursuant to section 281381, 28-1382, 28-1383 OR 28-1385, to attend alcohol or other drug screening, education or treatment, the department shall not either: Amends subsection D by splitting D.1, replacing D.2, D.3, and deleting D.4 as follows: D. On receipt of a report of conviction from a court, the department shall require any motor vehicle the convicted person operates to be equipped with a functioning certified ignition interlock device and the convicted person to meet the requirements prescribed in section 28-1461 AS FOLLOWS: 1. FOR TWELVE MONTHS IF: (a) THE PERSON IS CONVICTED OF A VIOLATION OF SECTION 28-1381 OR SECTION 28-1382, SUBSECTION A, PARAGRAPH 1. (b) The department determines that within a period of eighty-four months THE person is convicted of a second or subsequent violation of section 281381 OR SECTION 28-1382, SUBSECTION A, PARAGRAPH 1 with a prior conviction 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. 2. FOR EIGHTEEN MONTHS IF THE PERSON IS CONVICTED OF A VIOLATION OF SECTION 28-1382, SUBSECTION A, PARAGRAPH 2. 3. FOR TWENTY-FOUR MONTHS IF: (a) THE PERSON IS CONVICTED OF A VIOLATION OF SECTION 28-1382, SUBSECTION A, PARAGRAPH 2 AND THE DEPARTMENT DETERMINES THAT WITHIN A PERIOD OF EIGHTY-FOUR MONTHS THE PERSON HAS A PRIOR CONVICTION OF A VIOLATION OF SECTION 28-1381, 28-1382 OR 28-1383 OR AN ACT IN ANOTHER C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc 37
JURISDICTION THAT IF COMMITTED IN THIS STATE WOULD BE A VIOLATION OF SECTION 28-1381, 28-1382 OR 28-1383. (b) THE PERSON IS CONVICTED OF A VIOLATION OF SECTION 28-1383. Amends subsection F as follows: F. A person who is required to equip a motor vehicle with a certified ignition interlock device pursuant to this section shall comply with chapter 4, article 5 of this title. Renumbers to conform to changes
28-3393 Defensive driving school attendance; primary provider; discrimination prohibited; notice requirements HB2488 / Chapter 39 relating to defensive driving schools
Effective from and after December 31, 2008 Amends subsections A, A.1 and A.2, and adds subsections D and E as follows: A. Except as provided in SUBSECTION B, an eligible individual who elects to attend a defensive driving school shall attend one of the following within the time allowed by the court: 1. A defensive driving school that CERTIFIED BY THE SUPREME COURT AND COMPLIES WITH THE COURT AUTOMATION AND REPORTING REQUIREMENTS PURSUANT TO SUBSECTIONS B AND C. 2. On application TO THE COURT AND on the showing of reasonable justification by the INDIVIDUAL, ANOTHER SUPREME COURT CERTIFIED DEFENSIVE DRIVING SCHOOL. Reasonable justification includes the fact that the INDIVIDUAL resides in another area and that attendance at ANY OF the DEFENSIVE DRIVING SCHOOLS THAT COMPLY WITH THE COURT AUTOMATION AND REPORTING REQUIREMENTS creates a hardship on the INDIVIDUAL. D. A LAW ENFORCEMENT OFFICER OR A JURISDICTION ISSUING A CIVIL TRAFFIC CITATION TO AN INDIVIDUAL SHALL PROVIDE NOTICE TO THE INDIVIDUAL THAT IF ELIGIBLE, THE INDIVIDUAL MAY ATTEND ANY SUPREME COURT CERTIFIED DEFENSIVE DRIVING SCHOOL SUBJECT TO SUBSECTION B. E. A COURT SHALL NOT PROMOTE OR FAVOR ANY SUPREME COURT CERTIFIED DEFENSIVE DRIVING SCHOOL OVER ANOTHER, EXCEPT THAT THE NOTICE PROVIDED PURSUANT TO SUBSECTION D MAY EXCLUDE A SCHOOL THAT DOES NOT COMPLY WITH THE COURT'S AUTOMATION AND REPORTING REQUIREMENTS PURSUANT TO SUBSECTIONS B AND C.
28-5201 Definitions HB2355/ Chapter 147 relating to commercial motor vehicles

Adds a new item 1 as follows: 1. (In this chapter, unless the context otherwise requires:) "COMMERCIAL MOTOR VEHICLE" MEANS A MOTOR VEHICLE OR COMBINATION OF MOTOR VEHICLES THAT IS DESIGNED, USED OR MAINTAINED TO TRANSPORT PASSENGERS OR PROPERTY IN THE FURTHERANCE OF A COMMERCIAL ENTERPRISE ON A C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc 38
HIGHWAY IN THIS STATE, THAT IS NOT EXEMPT FROM THE GROSS WEIGHT FEES AS PRESCRIBED IN SECTION 28-5432, SUBSECTION B AND THAT INCLUDES ANY OF THE FOLLOWING: (a) A COMBINATION OF VEHICLES THAT HAS A COMBINED GROSS VEHICLE WEIGHT RATING OF TWENTY-SIX THOUSAND ONE OR MORE POUNDS INCLUSIVE OF A TOWED UNIT WITH A GROSS VEHICLE WEIGHT RATING OF MORE THAN TEN THOUSAND POUNDS. (b) A SINGLE VEHICLE THAT HAS A GROSS VEHICLE WEIGHT RATING OF TWENTY-SIX THOUSAND ONE OR MORE POUNDS. (c) A SINGLE VEHICLE OR COMBINATION OF VEHICLES THAT HAS A GROSS VEHICLE WEIGHT RATING OF EIGHTEEN THOUSAND ONE OR MORE POUNDS and THAT IS USED FOR THE PURPOSES OF INTRASTATE COMMERCE. (d) A SINGLE VEHICLE OR COMBINATION OF VEHICLES THAT HAS A GROSS VEHICLE WEIGHT RATING OF TEN THOUSAND ONE OR MORE POUNDS AND THAT IS USED FOR THE PURPOSES OF INTERSTATE COMMERCE. (e) A SCHOOL BUS. (f) A BUS. (g) A VEHICLE THAT TRANSPORTS PASSENGERS FOR HIRE AND that HAS A DESIGN CAPACITY FOR EIGHT OR MORE PERSONS. (h) A VEHICLE THAT IS USED IN THE TRANSPORTATION OF MATERIALS FOUND TO BE HAZARDOUS FOR THE PURPOSES OF THE HAZARDOUS MATERIALS TRANSPORTATION ACT (49 UNITED STATES CODE SECTIONS 5101 THROUGH 5127) AND THAT IS REQUIRED TO BE PLACARDED UNDER 49 CODE OF FEDERAL REGULATIONS SECTION 172.504, AS ADOPTED BY THE DEPARTMENT PURSUANT TO THIS CHAPTER. Deletes items 6 (lightweight motor vehicle) and 9 (motor vehicle) Amends items currently numbered 7, 8, and 12 as follows: 7. "Manufacturer" means a person who transports or causes to be transported or shipped by a motor a material that is represented, marked, certified or sold by a person for transportation in commerce. 8. "Motor carrier" means a person who operates or causes to be operated a COMMERCIAL motor vehicle on a public highway. 12. (now 11) "Shipper" means a person who offers a material for motor vehicle transportation in commerce. Renumbers to conform to changes
28-5202 Applicability HB2355/ Chapter 147 relating to commercial motor vehicles

Amends subsections A, B and C as follows: A. Except as otherwise provided, this chapter applies to all COMMERCIAL MOTOR VEHICLES, COMMERCIAL MOTOR VEHICLE COMBINATIONS AND manufacturers, shippers, motor carriers and drivers who OPERATE, CAUSE THE OPERATION OF, SHIP MATERIALS USING OR TRANSPORT PERSONS OR PROPERTY USING COMMERCIAL MOTOR VEHICLES. B. COMMERCIAL vehicles owned or operated by this state or a political subdivision or public authority of this state are subject to this chapter. C. This chapter applies throughout this state FOR THE PURPOSE OF ENFORCING STATE AND FEDERAL LAWS AND RULES RELATING TO THE OPERATION OF COMMERCIAL MOTOR VEHICLES.
28-5204 Administration and enforcement; rules HB2355/ Chapter 147 relating to commercial motor vehicles
Amends subsection D as follows: D. The department may audit records and inspect vehicles THAT ARE SUBJECT TO THIS CHAPTER. Deletes subsection E relating to lightweight motor vehicles
28-5240 Violation; classification; attorney general enforcement HB2355 / Chapter 147 relating to commercial motor vehicles
Amends subsection A as follows: A. In addition to civil penalties imposed under this chapter, a motor carrier, shipper or manufacturer who operates or causes to be operated a COMMERCIAL motor vehicle in violation of this chapter or who knowingly violates or knowingly fails to comply with any provision of this chapter or with any rule adopted pursuant to this chapter is guilty of:
28-5242 Registration requirements; interstate or foreign commerce; enforcement; violations; classification HB2355 / Chapter 147 relating to commercial motor vehicles
Amends subsections A and B by removing reference to "lightweight motor vehicles"
28-5245 Violation; civil penalty HB2355 /Chapter 147 relating to commercial motor vehicles
Adds new subsection as follows: NOTWITHSTANDING SECTION 28-5240, AN EQUIPMENT VIOLATION OF THIS CHAPTER OR ANY RULE ADOPTED PURSUANT TO THIS CHAPTER IS A CIVIL TRAFFIC VIOLATION UNLESS THE VIOLATION REQUIRES ISSUANCE OF AN OUT-OFSERVICE ORDER PURSUANT TO SECTION 28-5241.
28-5432 Gross weight fees; application; exceptions HB2355 / Chapter 147 relating to commercial motor vehicles
Adds new subsection A.4 as follows: A.4. (This article applies to) A COMMERCIAL MOTOR VEHICLE AS DEFINED IN SECTION 28-5201.
28-8429 Misconduct involving weapons in a secured area of an airport; classification; definitions HB2574 / Chapter 116 relating to airports
Adds new section as follows: A. A PERSON COMMITS MISCONDUCT INVOLVING WEAPONS BY INTENTIONALLY CARRYING, POSSESSING OR EXERCISING CONTROL OVER A DEADLY WEAPON IN A SECURED AREA OF AN AIRPORT. B. THIS SECTION DOES NOT APPLY TO: 1. A PEACE OFFICER OR A FEDERALLY SWORN OFFICER WHILE IN THE ACTUAL PERFORMANCE OF THE OFFICER'S DUTIES. 2. A MEMBER OF THE MILITARY FORCES OF THE UNITED STATES OR OF ANY STATE OF THE UNITED STATES IN THE ACTUAL PERFORMANCE OF THE MEMBER'S OFFICIAL DUTIES. 3. AN INDIVIDUAL WHO IS AUTHORIZED BY A FEDERAL AGENCY IN THE ACTUAL PERFORMANCE OF THE INDIVIDUAL'S OFFICIAL DUTIES. 4. GENERAL AVIATION AREAS NOT INCLUDED IN THE SECURITY IDENTIFICATION DISPLAY AREA OR STERILE AREA AS DEFINED IN THE AIRPORT SECURITY PROGRAM APPROVED BY THE TRANSPORTATION SECURITY ADMINISTRATION. 5. THE LAWFUL TRANSPORTATION OF DEADLY WEAPONS IN ACCORDANCE WITH STATE AND FEDERAL LAW. C. A VIOLATION OF THIS SECTION IS A CLASS 1 MISDEMEANOR. D. FOR THE PURPOSES OF THIS SECTION: C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc 41
1. "DEADLY WEAPON" HAS THE SAME MEANING PRESCRIBED IN SECTION 13-105. 2. "SECURED AREA OF AN AIRPORT" MEANS ANY AREA OF AN AIRPORT SPECIFIED IN AN AIRPORT SECURITY PROGRAM THAT IS AUTHORIZED AND APPROVED BY THE UNITED STATES TRANSPORTATION SECURITY ADMINISTRATION PURSUANT TO 49 UNITED STATES CODE SECTION 44903(h)(7)(F) AND DEFINED IN 49 CODE OF FEDERAL REGULATIONS SECTION 1540.5.
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MISCELLANEOUSOTHERTITLES
Relating to ALCOHOL
5-349 Watercraft casualties; violation; classification HB2643/Chapter 256 relating to liquor

Effective from and after December 31, 2008 Amends subsections A and A.2, and adds subsections A.1 and A.3 as follows: A. The operator of a watercraft involved in a collision, accident or other casualty, to the extent the operator can do so without serious danger to the operator's own watercraft or persons aboard, SHALL: 1. IMMEDIATELY STOP THE WATERCRAFT AT THE SCENE OF THE COLLISION, ACCIDENT OR OTHER CASUALTY OR AS CLOSE TO THE SCENE OF THE COLLISION, ACCIDENT OR OTHER CASUALTY AS POSSIBLE BUT SHALL IMMEDIATELY RETURN TO THE SCENE. 2. Render all practical and necessary assistance to persons affected to save them from danger caused by the collision, accident or OTHER casualty. 3. REMAIN AT THE SCENE OF THE COLLISION, ACCIDENT OR OTHER CASUALTY UNTIL THE OPERATOR HAS COMPLIED WITH SUBSECTION B OF THIS SECTION.
5-391 Enforcement; violation; classification HB2643/Chapter 256 relating to liquor

Effective from and after December 31, 2008 Amends subsections A and I, and adds subsection D as follows: A. Any person who violates any provision of this chapter, except section 5-341, subsection A, B, C or D, section 5-349, section 5-350, subsection C, section 5-393, 5-395, 5-396 or 5397 and subsection C, D, G OR H of this section or any rule issued thereunder, is guilty of a petty offense. Any person who violates section 5-350, subsection C is guilty of a class 2 misdemeanor. D. AN OPERATOR OF A WATERCRAFT WHO WILFULLY FLEES OR ATTEMPTS TO ELUDE A PURSUING LAW ENFORCEMENT OFFICER ISSUING AN ORDER PURSUANT TO SUBSECTION C OF THIS SECTION IS GUILTY OF A CLASS 5 C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc 43
FELONY. THE LAW ENFORCEMENT WATERCRAFT SHALL BE APPROPRIATELY MARKED TO SHOW THAT IT IS AN OFFICIAL LAW ENFORCEMENT WATERCRAFT. I. ON receipt of notice of conviction of a person under subsection G OR H of this section, the department may revoke the numbers and decals issued to the watercraft that was involved in the violation and any other watercraft owned by the person convicted. Renumbers to conform to changes.
5-395.03 Test for alcohol concentration or drug content; refusal HB2643/ Chapter 256 relating to liquor
Effective from and after December 31, 2008 Amends subsections A, B and C to read, in part, as follows: A. Any person who operates a motorized watercraft that is underway within this state GIVES CONSENT, subject to section 4-244, paragraph 34, section 5-395 or section 5-396, to a test or tests of the person's blood, breath, urine or other bodily substance for the purpose of determining alcohol concentration or drug content if the person is arrested for any offense arising out of acts alleged to have been committed in violation of this chapter or section 4-244, paragraph 34 while the person was operating or in actual physical control of a motorized watercraft that was underway while under the influence of intoxicating liquor or drugs.. . . B. Following an arrest a violator shall be requested to submit to and successfully complete any test or tests prescribed by subsection A of this section. (deletes the remainder of this subsection) C. If a person under arrest refuses to submit to the test designated by the law enforcement agency as provided in subsection A of this section none shall be given, except as provided in section 5-395, SUBSECTION L or pursuant to a search warrant. Renumbers to conform to changes
5-396 Aggravated operating or actual physical control of motorized watercraft while under the influence of intoxicating liquor or drugs; classification HB2643/ Chapter 256 relating to liquor
Effective from and after December 31, 2008 Amends subsections A, A.1, B, C, D and adds subsections A.2, E, F as follows: A. A person is guilty of aggravated operating or actual physical control of a motorized watercraft that is underway while under the influence of intoxicating liquor or drugs if the person DOES ANY OF THE FOLLOWING: 1. WITHIN A PERIOD OF EIGHTY-FOUR MONTHS commits a third or subsequent violation of section 5-395 or 5-397 or this section or is convicted of a violation of section 5-395 or 5-397 or this section and has previously been convicted of any combination of convictions of section 5-395 or 5-397 or this section or acts committed in another JURISDICTION that if committed in this state would be a violation of section 5-395 or 5-397 or this section. C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc 44
2. WHILE A PERSON UNDER FIFTEEN YEARS OF AGE IS ABOARD THE MOTORIZED WATERCRAFT, COMMITS ANY OF THE FOLLOWING: (a) A FIRST VIOLATION OF SECTION 5-395, IF THE PERSON RECKLESSLY ENDANGERS THE PERSON WHO IS UNDER FIFTEEN YEARS OF AGE WITH A SUBSTANTIAL RISK OF PHYSICAL INJURY. (b) A SECOND VIOLATION OF SECTION 5-395 WITHIN A PERIOD OF EIGHTY-FOUR MONTHS. (c) A VIOLATION OF SECTION 5-397. 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 1 OR PARAGRAPH 2, SUBDIVISION (b) of this section regardless of the sequence in which the offenses were committed. For 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 1, SUBSECTION A, PARAGRAPH 2, SUBDIVISION (b) AND SUBSECTION D OF THIS SECTION. C. A person who is convicted under subsection A, PARAGRAPH 1 of this section and who within AN EIGHTY-FOUR month period has been convicted of two prior violations of section 5-395 or 5-397 or this section, or acts committed in another JURISDICTION that if committed in this state would be a violation of section 5-395 or 5-397 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 four months in prison. D. A person who is convicted under subsection A, PARAGRAPH 1 of this section and who within AN EIGHTY-FOUR month period has been convicted of three or more prior violations of section 5-395 or 5-397 or this section, or acts committed in another JURISDICTION that if committed in this state would be a violation of section 5-395 or 5397 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. E. A PERSON WHO IS CONVICTED UNDER SUBSECTION A, PARAGRAPH 2, SUBDIVISION (a) OR (b) OF THIS SECTION SHALL SERVE AT LEAST THE MINIMUM TERM OF INCARCERATION REQUIRED PURSUANT TO SECTION 5395.01. F. A PERSON WHO IS CONVICTED UNDER SUBSECTION A, PARAGRAPH 2, SUBDIVISION (c) OF THIS SECTION SHALL SERVE AT LEAST THE MINIMUM TERM OF INCARCERATION REQUIRED PURSUANT TO SECTION 5-397. Amends subsections G.1, G.2 and H to read, in part, as follows: G. . . . If the person fails to comply with this subsection, in addition to 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 C of this section, for an individual period of not more than four months and a total period of not more than one year. C:\Documents and Settings\rulexi\Local Settings\Temporary Internet 45 Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc
2. For a person sentenced pursuant to subsection D of this section, for an individual period of not more than eight months and a total period of not more than two years. H. The time that a person spends in custody pursuant to subsection G of this section shall not be counted toward the sentence imposed if the person's probation is revoked and the person is sentenced to prison following revocation of probation. Amends current subsection H by splitting it, and renumbering, to read as follows: I. ON CONVICTION FOR A VIOLATION OF THIS SECTION, THE COURT: 1. SHALL ORDER THE person TO pay a fine of not less than seven hundred fifty dollars. 2. IN ADDITION TO ANY OTHER PENALTY PRESCRIBED BY LAW, SHALL ORDER THE PERSON TO PAY AN ADDITIONAL ASSESSMENT OF TWO HUNDRED FIFTY DOLLARS. Directs the court as to the disposition of the monies. 3. 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. 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 state general fund. This assessment is not subject to any surcharge. . . . Adds subsection J as follows: J. AGGRAVATED OPERATING OR ACTUAL PHYSICAL CONTROL OF A MOTORIZED WATERCRAFT THAT IS UNDERWAY WHILE UNDER THE INFLUENCE OF AN INTOXICATING LIQUOR OR DRUGS COMMITTED UNDER: 1. SUBSECTION A, PARAGRAPH 1 OF THIS SECTION IS A CLASS 4 FELONY. 2. SUBSECTION A, PARAGRAPH 2 OF THIS SECTION IS A CLASS 6 FELONY.
5-397 Operating or in actual physical control of a motorized watercraft while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification; definition HB2643/ Chapter 256 relating to liquor
Effective from and after December 31, 2008 Amends subsections A, D.1, D.2, E, F, F.1, F.2, F.4, G and H, and adds subsection A.1, A.2, D.3 and F.3 as follows: A. It is unlawful for a person to operate or be in actual physical control of a motorized watercraft that is underway within this state if the person has an alcohol concentration AS FOLLOWS within two hours of operating or being in actual physical control of the C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc 46
motorized watercraft and the alcohol concentration results from alcohol consumed either before or while operating or being in actual physical control of the motorized watercraft: 1. 0.15 OR MORE BUT LESS THAN 0.20. 2. 0.20 OR MORE. D. A person who is convicted of a violation of this section: 1. Shall be sentenced to serve not less than thirty consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served IF THE PERSON IS CONVICTED OF A VIOLATION OF SUBSECTION A, PARAGRAPH 1 OF THIS SECTION. A PERSON WHO IS CONVICTED OF A VIOLATION OF SUBSECTION A, PARAGRAPH 2 OF THIS SECTION SHALL BE SENTENCED TO SERVE NOT LESS THAN FORTYFIVE CONSECUTIVE DAYS IN JAIL AND IS NOT ELIGIBLE FOR PROBATION OR SUSPENSION OF EXECUTION OF SENTENCE UNLESS THE ENTIRE SENTENCE IS SERVED. 2. Shall pay a fine of not less than two hundred fifty dollars, EXCEPT THAT A PERSON WHO IS CONVICTED OF A VIOLATION OF SUBSECTION A, PARAGRAPH 2 OF THIS SECTION SHALL PAY A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS. THE FINE PRESCRIBED IN THIS PARAGRAPH AND ANY ASSESSMENTS, RESTITUTION AND INCARCERATION COSTS SHALL BE PAID BEFORE THE ASSESSMENT PRESCRIBED IN PARAGRAPH 3 OF THIS SUBSECTION. 3. SHALL PAY AN ADDITIONAL ASSESSMENT OF TWO HUNDRED FIFTY DOLLARS. Directs the court as to the disposition of the monies. E. Notwithstanding subsection D, paragraph 1 of this section, at the time of sentencing IF THE PERSON IS CONVICTED OF A VIOLATION OF SUBSECTION A, PARAGRAPH 1 OF THIS SECTION, the judge may suspend all but ten days of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. . . . F. If within a period of EIGHTY-FOUR months a person is convicted of a second violation of this section or is convicted of a violation of this section and has previously been convicted of a violation of section 5-395 or 5-396 or an act in another jurisdiction that if committed in this state would be a violation of this section or section 5-395 or 5-396, the person: 1. Shall be sentenced to serve not less than one hundred twenty days in jail, sixty days of which shall be served consecutively, and is not eligible for probation or suspension of execution of sentence unless the entire sentence has been served IF THE PERSON IS CONVICTED OF A VIOLATION OF SUBSECTION A, PARAGRAPH 1 OF THIS SECTION. A PERSON WHO IS CONVICTED OF A VIOLATION OF SUBSECTION A, PARAGRAPH 2 OF THIS SECTION SHALL BE SENTENCED TO SERVE NOT LESS THAN ONE HUNDRED EIGHTY DAYS IN JAIL, NINETY OF WHICH SHALL BE SERVED CONSECUTIVELY, AND IS NOT ELIGIBLE FOR PROBATION OR SUSPENSION OF EXECUTION OF SENTENCE UNLESS THE ENTIRE SENTENCE HAS BEEN SERVED. 2. Shall pay a fine of not less than five hundred dollars, EXCEPT THAT A PERSON WHO IS CONVICTED OF A VIOLATION OF SUBSECTION A, PARAGRAPH 2 OF THIS SECTION SHALL PAY A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS. THE FINE PRESCRIBED IN THIS PARAGRAPH AND ANY ASSESSMENTS, RESTITUTION AND INCARCERATION COSTS SHALL C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc 47
BE PAID BEFORE THE ASSESSMENT PRESCRIBED IN PARAGRAPH 3 OF THIS SUBSECTION. 3. SHALL PAY AN ADDITIONAL ASSESSMENT OF TWO HUNDRED FIFTY DOLLARS. Directs the court as to the disposition of the monies. 4. SHALL be ordered by a court to perform AT LEAST THIRTY HOURS OF community restitution. IF THE PERSON FAILS TO COMPLETE THE COMMUNITY RESTITUTION ORDERED PURSUANT TO THIS PARAGRAPH, THE COURT MAY ORDER ALTERNATIVE SANCTIONS IF THE COURT DETERMINES THAT ALTERNATIVE SANCTIONS ARE MORE APPROPRIATE. G. Notwithstanding subsection F, paragraph 1 of this section, at the time of sentencing, IF THE PERSON IS CONVICTED OF A VIOLATION OF SUBSECTION A, PARAGRAPH 1 OF THIS SECTION, the judge may suspend all but sixty days of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. . . . H. In applying the EIGHTY-FOUR month provision of subsection F 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. Renumbers to conform to changes
Relating to CHILDREN
8-810 Department of public safety; law enforcement agencies; missing children; notification HB2599/ Chapter 165 relating to Child Protective Services
Adds subsections A and B as follows: A. IF CHILD PROTECTIVE SERVICES RECEIVES A REPORT MADE PURSUANT TO SECTION 13-3620 OR RECEIVES INFORMATION DURING THE COURSE OF PROVIDING SERVICES THAT INDICATES A CHILD IS AT RISK OF SERIOUS HARM AND THE CHILD'S LOCATION IS UNKNOWN, CHILD PROTECTIVE SERVICES SHALL NOTIFY THE APPROPRIATE LAW ENFORCEMENT AGENCY AND PROVIDE THE INFORMATION REQUIRED TO MAKE THE RECORD ENTRY INTO THE ARIZONA CRIME INFORMATION CENTER AND THE NATIONAL CRIME INFORMATION CENTER MISSING PERSON DATABASES. THIS INCLUDES INFORMATION ABOUT THE CHILD AND CHILD'S PARENT, GUARDIAN, CUSTODIAN OR PERSON OF INTEREST. C:\Documents and Settings\rulexi\Local Settings\Temporary Internet 48 Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc
B. THE APPROPRIATE LAW ENFORCEMENT AGENCY SHALL IMMEDIATELY ENTER THE INFORMATION PROVIDED BY CHILD PROTECTIVE SERVICES PURSUANT TO SUBSECTION A OF THIS SECTION INTO THE ARIZONA CRIME INFORMATION CENTER AND THE NATIONAL CRIME INFORMATION CENTER MISSING PERSON DATABASES.
8-821 Taking into temporary custody; medical examination; placement; interference; classification HB2599/ Chapter 165 relating to Child Protective Services
Adds subsection B.4 as follows: B.4 (A child may be taken into temporary custody by a peace officer or a child protective services worker if temporary custody is clearly necessary to protect the child because probable cause exists to believe that the child is) REPORTED BY CHILD PROTECTIVE SERVICES TO BE A MISSING CHILD AT RISK OF SERIOUS HARM.
Relating to STATE, COUNTIES, CITIES & COURTS
5-221 Definitions HB2834/ Chapter 120 relating to the Arizona State Boxing Commission 5-222 Application of this Chapter HB2834/ Chapter 120 relating to the Arizona State Boxing Commission 5-225 Regulation of boxing contests, tough man contests and unarmed combat HB2834/ Chapter 120 relating to the Arizona State Boxing Commission
Amends these sections to clarify that the Arizona State Boxing Commission now regulates all unarmed combat (cage fights) along with boxing and kickboxing. Failure to comply with licensing and other requirements is a Class 2 Misdemeanor.
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9-499.13 Sign walkers; regulation; definition HB2066/ Chapter 5 relating to municipal regulations
Adds new section as follows: A. FROM AND AFTER DECEMBER 31, 2008, NOTWITHSTANDING THE AUTHORITY TO REGULATE SIGNS PURSUANT TO SECTION 9-462.01, AND AS A MATTER OF STATEWIDE CONCERN, ALL MUNICIPALITIES SHALL ALLOW THE POSTING, DISPLAY AND USE OF SIGN WALKERS. MUNICIPALITIES MAY ADOPT REASONABLE TIME, PLACE AND MANNER REGULATIONS RELATING TO SIGN WALKERS. B. FOR THE PURPOSES OF THIS SECTION, "SIGN WALKER" MEANS A PERSON WHO WEARS, HOLDS OR BALANCES A SIGN.
12-1809 Injunction against harassment; petition; venue; fees; notices; enforcement; definition HB2248/ Chapter 205 relating to electronic communications
Amends subsection E to read, in part, as follows: E. The court shall review the petition, any other pleadings on file and any evidence offered by the plaintiff, INCLUDING ANY EVIDENCE OF HARASSMENT BY ELECTRONIC CONTACT OR COMMUNICATION, to determine whether the injunction requested should issue without a further hearing. Rules 65(a)(1) and 65(e) of the Arizona rules of civil procedure do not apply to injunctions that are requested pursuant to this section. .. . . Amends subsection R to clarify as follows: R. FOR THE PURPOSES OF this section, "harassment" means a series of acts over any period of time that is directed at a specific person and that would cause a reasonable person to be seriously alarmed, annoyed or harassed and the conduct in fact seriously alarms, annoys or harasses the person and serves no legitimate purpose.
14-5701 Fiduciary arrest warrants SB1013/ Chapter 7 relating to arrest warrants

Deletes subsection D, relating to permitting a facsimile of judicial officers signatures
25-681 Child support arrest warrant; definition SB1013/ Chapter 7 relating to arrest warrants
Deletes subsection D, relating to permitting a facsimile of judicial officers signatures
32-1401 Definitions SB1078/ Chapter 12 relating to occupations and professions

Adds item 27 (ss) (v) as follows: C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc 50
27 (ss) (v). (Unprofessional conduct, whether occurring in this state or elsewhere, includes prescribing, dispensing or furnishing a prescription medication or a prescription-only device as defined in section 32-1901 to a person unless the licensee first conducts a physical examination of that person or has previously established a doctor-patient relationship. This subdivision does not apply to) PRESCRIPTIONS WRITTEN OR ANTIMICROBIALS DISPENSED TO A CONTACT AS DEFINED IN SECTION 36-661 WHO IS BELIEVED TO HAVE HAD SIGNIFICANT EXPOSURE RISK AS DEFINED IN SECTION 36-661 WITH ANOTHER PERSON WHO HAS BEEN DIAGNOSED WITH A COMMUNICABLE DISEASE AS DEFINED IN SECTION 36-661 BY THE PRESCRIBING OR DISPENSING PHYSICIAN.

Amends subsection 30 (ww) (v) as follows: 30 (ww) (v). (Unprofessional conduct ,whether occurring in this state or elsewhere, includes prescribing, dispensing or furnishing a prescription medication or a prescription-only device as defined in section 32-1901 to a person unless the licensee first conducts a physical examination of that person or has previously established a doctor-patient relationship. This subdivision does not apply to) PRESCRIPTIONS WRITTEN OR ANTIMICROBIALS DISPENSED TO A CONTACT AS DEFINED IN SECTION 36-661 WHO IS BELIEVED TO HAVE HAD SIGNIFICANT EXPOSURE RISK AS DEFINED IN SECTION 36-661 WITH ANOTHER PERSON WHO HAS BEEN DIAGNOSED WITH A COMMUNICABLE DISEASE AS DEFINED IN SECTION 36-661 BY THE PRESCRIBING OR DISPENSING PHYSICIAN.
32-1854 Definition of unprofessional conduct SB1078/ Chapter 12 relating to occupations and professions
Amends item 48 as follows: 48. Unprofessional conduct, whether occurring in this state or elsewhere, includes prescribing, dispensing or furnishing a prescription medication or a prescription-only device to a person if the licensee has not conducted a physical examination of that person or has not previously established a physician-patient relationship. This paragraph does not apply to emergencies OR TO PRESCRIPTIONS WRITTEN OR ANTIMICROBIALS DISPENSED TO A CONTACT AS DEFINED IN SECTION 36-661 WHO IS BELIEVED TO HAVE HAD SIGNIFICANT EXPOSURE RISK AS DEFINED IN SECTION 36-661 WITH ANOTHER PERSON WHO HAS BEEN DIAGNOSED WITH A COMMUNICABLE DISEASE AS DEFINED IN SECTION 36-661 BY THE PRESCRIBING OR DISPENSING PHYSICIAN.

Amends item 21 (kk) (iv) as follows: 21 (kk) (iv). Unprofessional conduct, whether occurring in this state or elsewhere, includes prescribing, dispensing or furnishing a prescription medication or a prescription-only device as defined in section 32-1901 (by a physicians assistant) to a person unless the licensee first conducts a physical examination of that person or has previously C:\Documents and Settings\rulexi\Local Settings\Temporary Internet 51 Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc
established a professional relationship with the person. This subdivision does not apply to: PRESCRIPTIONS WRITTEN OR ANTIMICROBIALS DISPENSED TO A CONTACT AS DEFINED IN SECTION 36-661 WHO IS BELIEVED TO HAVE HAD SIGNIFICANT EXPOSURE RISK AS DEFINED IN SECTION 36-661 WITH ANOTHER PERSON WHO HAS BEEN DIAGNOSED WITH A COMMUNICABLE DISEASE AS DEFINED IN SECTION 36-661 BY THE PRESCRIBING OR DISPENSING PHYSICIAN ASSISTANT.
41-1722 State photo enforcement system; penalties; fund HB2210/ Chapter 286 relating to criminal justice budges reconciliation
Adds new section as follows: A. NOTWITHSTANDING ANY OTHER LAW, THE DEPARTMENT SHALL ENTER INTO A CONTRACT OR CONTRACTS WITH A PRIVATE VENDOR OR VENDORS PURSUANT TO CHAPTER 23 OF THIS TITLE TO ESTABLISH A STATE PHOTO ENFORCEMENT SYSTEM CONSISTING OF CAMERAS PLACED THROUGHOUT THIS STATE AS DETERMINED BY THE DIRECTOR TO ENFORCE THE PROVISIONS OF TITLE 28, CHAPTER 3, ARTICLES 3 AND 6 RELATING TO VEHICLE TRAFFIC AND SPEED. B. NOTWITHSTANDING ANY OTHER LAW, THE CIVIL PENALTY OR FINE FOR A CITATION OR A NOTICE OF VIOLATION ISSUED PURSUANT TO THIS SECTION IS ONE HUNDRED SIXTY-FIVE DOLLARS AND IS NOT SUBJECT TO ANY SURCHARGE EXCEPT THE SURCHARGE IMPOSED BY SECTION 16-954. STATE PHOTO ENFORCEMENT CITATIONS SHALL NOT BE INCLUDED IN JUDICIAL PRODUCTIVITY CREDIT CALCULATIONS FOR FISCAL YEAR 2008-2009. C. THE PHOTO ENFORCEMENT FUND IS ESTABLISHED CONSISTING OF MONIES RECEIVED FROM CITATIONS OR NOTICES OF VIOLATION ISSUED PURSUANT TO THIS SECTION. THE DIRECTOR SHALL ADMINISTER THE FUND. MONIES IN THE FUND ARE SUBJECT TO LEGISLATIVE APPROPRIATION AND ARE APPROPRIATED TO THE DEPARTMENT FOR ADMINISTRATIVE AND PERSONNEL COSTS OF THE STATE PHOTO ENFORCEMENT SYSTEM. MONIES REMAINING IN THE FUND IN EXCESS OF TWO HUNDRED FIFTY THOUSAND DOLLARS AT THE END OF EACH CALENDAR QUARTER SHALL BE DEPOSITED, PURSUANT TO SECTIONS 35-146 AND 35-147, IN THE STATE GENERAL FUND. D. NOTWITHSTANDING ANY OTHER LAW, IF A PERSON IS FOUND RESPONSIBLE FOR A CIVIL TRAFFIC VIOLATION OR A NOTICE OF VIOLATION PURSUANT TO A CITATION ISSUED PURSUANT TO THIS SECTION, THE DEPARTMENT OF TRANSPORTATION SHALL NOT CONSIDER THE VIOLATION FOR THE PURPOSE OF DETERMINING WHETHER THE PERSON'S DRIVER LICENSE SHOULD BE SUSPENDED OR REVOKED. A COURT SHALL NOT TRANSMIT ABSTRACTS OF RECORDS OF THESE VIOLATIONS TO THE DEPARTMENT OF TRANSPORTATION. NOTE: This statute applies only to DPS and the State.
41-2405 Arizona criminal justice commission; powers and duties; staff SB1274/ Chapter 69 relating to the Arizona Criminal Justice Commission
Adds subsection A.12 as follows: C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc 52
A.12.(The Arizona criminal justice commission shall) COMPILE AND DISSEMINATE

INFORMATION ON BEST PRACTICES FOR COLD CASE INVESTIGATIONS, INCLUDING EFFECTIVE VICTIM COMMUNICATION PROCEDURES. FOR THE PURPOSES OF THIS PARAGRAPH, "COLD CASE" MEANS A HOMICIDE OR A FELONY SEXUAL OFFENSE THAT REMAINS UNSOLVED FOR ONE YEAR OR MORE AFTER BEING REPORTED TO A LAW ENFORCEMENT AGENCY AND THAT HAS NO VIABLE AND UNEXPLORED INVESTIGATORY LEADS.
44-1453 Counterfeit marks; violation; classification; presumption; seizure; forfeiture; remedies; definitions SB1308/ Chapter 121 relating to the registration and protection of trademarks and service marks
Amends subsection A, B and D, and adds subsection M.3 as follows: A. Except as provided in subsections B, C AND D OF THIS SECTION, a person who knowingly and with intent to sell or distribute uses, displays, advertises, distributes, offers for sale, sells or possesses any item that bears a counterfeit mark or any service that is identified by a counterfeit mark is guilty of a class 1 misdemeanor. B. A person who commits any act proscribed in subsection A OF THIS SECTION is guilty of a class 6 felony if either: D. A person who commits any act proscribed by subsection A OF THIS SECTION is guilty of a class 5 felony if either: M.3. (For the purposes of this section:) "ITEM" INCLUDES: (a) ANY COMPONENT THAT IS DESIGNED, MARKETED OR OTHERWISE INTENDED TO BE USED ON OR IN CONNECTION WITH ANY GOODS OR SERVICES. (b) ANY COMPONENT OF A FINISHED PRODUCT. Renumbers to conform to changes
44-1799.71 Unlawful public sale of animals; civil penalty; definitions HB2485/ Chapter 305 relating to public sale of animals
Adds new section as follows: A. IN A COUNTY WITH A POPULATION OF EIGHT HUNDRED THOUSAND PERSONS OR MORE, A PERSON COMMITS THE UNLAWFUL PUBLIC SALE OF ANIMALS BY KNOWINGLY SELLING AN ANIMAL ON: 1. ANY PUBLIC HIGHWAY, STREET OR PARK OR ANY PUBLIC PROPERTY ADJACENT TO A PUBLIC HIGHWAY, STREET OR PARK. 2. ANY COMMERCIAL PRIVATE PROPERTY WITHOUT THE EXPRESS CONSENT OF THE OWNER OR LESSEE OF THE PROPERTY. C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc 53
B. SUBSECTION A DOES NOT APPLY TO: 1. RETAIL SALES ON THE PREMISES OF A PET STORE. 2. SALES BY A PUBLICLY OPERATED OR PRIVATE, CHARITABLE NONPROFIT POUND, HUMANE SOCIETY, ANIMAL RESCUE ORGANIZATION OR EDUCATIONAL OR AGRICULTURAL ORGANIZATION. 3. ANY RODEO, AUCTION MARKET, COUNTY FAIR, STOCK SHOW OR OTHER SANCTIONED LIVESTOCK EXHIBIT EVENT. C. A PERSON WHO IS FOUND RESPONSIBLE FOR A VIOLATION OF THIS SECTION IS SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN FIFTY DOLLARS. D. FOR THE PURPOSES OF THIS SECTION: 1. "ANIMAL" MEANS ANY LIVING SPECIES OF MAMMAL, BIRD, AMPHIBIAN OR REPTILE. 2. "PET STORE" HAS THE SAME MEANING PRESCRIBED IN SECTION 44-1799.
Relating to LAW ENFORCEMENT PERSONNEL
11-483 Records maintained by county recorder; confidentiality; definitions HB2478/ Chapter 113 relating to law enforcement officers
Amends subsections J and N.4 as follows: J. The COUNTY recorder shall remove the restrictions on all records restricted pursuant to this section by January 5 in the year after the court order expires. THE COUNTY RECORDER SHALL SEND BY MAIL ONE NOTIFICATION TO EITHER THE PEACE OFFICER, PUBLIC DEFENDER, PROSECUTOR, CODE ENFORCEMENT OFFICER, CORRECTIONS OR DETENTION OFFICER, CORRECTIONS SUPPORT STAFF MEMBER OR LAW ENFORCEMENT SUPPORT STAFF MEMBER OR THE EMPLOYING AGENCY OF A PEACE OFFICER, PUBLIC DEFENDER, PROSECUTOR, CODE ENFORCEMENT OFFICER, CORRECTIONS OR DETENTION OFFICER, CORRECTIONS SUPPORT STAFF MEMBER OR LAW ENFORCEMENT SUPPORT STAFF MEMBER WHO WAS GRANTED AN ORDER PURSUANT TO THIS SECTION OF THE ORDER'S EXPIRATION DATE AT LEAST SIX MONTHS BEFORE THE C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc 54
EXPIRATION DATE. IF THE NOTICE IS SENT TO THE EMPLOYING AGENCY, THE EMPLOYING AGENCY SHALL IMMEDIATELY NOTIFY THE PERSON WHO WAS GRANTED THE ORDER OF THE UPCOMING EXPIRATION DATE. THE COUNTY RECORDER MAY COORDINATE WITH THE COUNTY ASSESSOR AND COUNTY TREASURER TO PREVENT MULTIPLE NOTICES FROM BEING SENT TO THE SAME PERSON. N.4. (For the purposes of this section) "eligible person" means a peace officer, justice, judge, commissioner, public defender, prosecutor, code enforcement officer, adult or juvenile corrections officer, corrections support staff member, probation officer, member of the board of executive clemency, law enforcement support staff member, national guard member who is acting in support of a law enforcement agency, person who is protected under an order of protection or injunction against harassment OR firefighter who is assigned to the Arizona counterterrorism center in the department of public safety. Deletes subsections N.12 and N.13 relating to stalking and victims of domestic violence
11-484 Records maintained by county assessor and county treasurer; redaction; definitions HB2478/ Chapter 113 relating to law enforcement officers
Amends subsections J and K.4 as follows: J. The county assessor and the county treasurer shall remove the restrictions on all records that are redacted pursuant to this section by January 5 in the year after the court order expires. THE COUNTY ASSESSOR OR THE COUNTY TREASURER SHALL SEND BY MAIL ONE NOTIFICATION TO EITHER THE PEACE OFFICER, PUBLIC DEFENDER, PROSECUTOR, CODE ENFORCEMENT OFFICER, CORRECTIONS OR DETENTION OFFICER, CORRECTIONS SUPPORT STAFF MEMBER OR LAW ENFORCEMENT SUPPORT STAFF MEMBER OR THE EMPLOYING AGENCY OF A PEACE OFFICER, PUBLIC DEFENDER, PROSECUTOR, CODE ENFORCEMENT OFFICER, CORRECTIONS OR DETENTION OFFICER, CORRECTIONS SUPPORT STAFF MEMBER OR LAW ENFORCEMENT SUPPORT STAFF MEMBER WHO WAS GRANTED AN ORDER PURSUANT TO THIS SECTION OF THE ORDER'S EXPIRATION DATE AT LEAST SIX MONTHS BEFORE THE EXPIRATION DATE. IF THE NOTICE IS SENT TO THE EMPLOYING AGENCY, THE EMPLOYING AGENCY SHALL IMMEDIATELY NOTIFY THE PERSON WHO WAS GRANTED THE ORDER OF THE UPCOMING EXPIRATION DATE. THE COUNTY ASSESSOR OR COUNTY TREASURER MAY COORDINATE WITH THE COUNTY RECORDER TO PREVENT MULTIPLE NOTICES FROM BEING SENT TO THE SAME PERSON. K.4. (For the purposes of this section) "eligible person" means a peace officer, justice, judge, commissioner, public defender, prosecutor, code enforcement officer, adult or juvenile corrections officer, corrections support staff member, probation officer, member of the board of executive clemency, law enforcement support staff member, national guard member who is acting in support of a law enforcement agency, person who is protected under an order of protection or injunction against harassment OR firefighter who is assigned to the Arizona counterterrorism center in the department of public safety. Deletes subsections K.11 and K.12 relating to stalking and victims of domestic violence
13-2314.01 Anti-racketeering revolving fund; use of fund; reports HB2478/ Chapter 113 relating to law enforcement officers
Amends subsection E by splitting it and revising it as follows: E. Monies in the fund may be used for THE FOLLOWING: 1. The funding of gang prevention programs, substance abuse prevention programs, substance abuse education programs and witness protection pursuant to section 41-196 or for any purpose permitted by federal law relating to the disposition of any property that is transferred to a law enforcement agency. 2. The investigation and prosecution of any offense included in the definition of racketeering in section 13-2301, subsection D, paragraph 4 or section 13-2312, including civil enforcement. 3. THE PAYMENT OF THE RELOCATION EXPENSES OF ANY LAW ENFORCEMENT OFFICER AND THE OFFICER'S IMMEDIATE FAMILY IF THE LAW ENFORCEMENT OFFICER IS THE VICTIM OF A BONA FIDE THREAT THAT OCCURRED BECAUSE OF THE LAW ENFORCEMENT OFFICER'S DUTIES.
16-153 Voter registration; confidentiality; definitions HB2478/ Chapter 113 relating to law enforcement officers
Amends subsection F as follows: F. The recorder shall remove the restrictions on all voter records submitted pursuant to subsection E of this section by January 5 in the year after the court order expires. THE COUNTY RECORDER SHALL SEND BY MAIL ONE NOTIFICATION TO EITHER THE PEACE OFFICER, PUBLIC DEFENDER, PROSECUTOR, CODE ENFORCEMENT OFFICER, CORRECTIONS OR DETENTION OFFICER, CORRECTIONS SUPPORT STAFF MEMBER OR LAW ENFORCEMENT SUPPORT STAFF MEMBER OR THE EMPLOYING AGENCY OF A PEACE OFFICER, PUBLIC DEFENDER, PROSECUTOR, CODE ENFORCEMENT OFFICER, CORRECTIONS OR DETENTION OFFICER, CORRECTIONS SUPPORT STAFF MEMBER OR LAW ENFORCEMENT SUPPORT STAFF MEMBER WHO WAS GRANTED AN ORDER PURSUANT TO THIS SECTION OF THE ORDER'S EXPIRATION DATE AT LEAST SIX MONTHS BEFORE THE EXPIRATION DATE. IF THE NOTICE IS SENT TO THE EMPLOYING AGENCY, THE EMPLOYING AGENCY SHALL IMMEDIATELY NOTIFY THE PERSON WHO WAS GRANTED THE ORDER OF THE UPCOMING EXPIRATION DATE. THE COUNTY RECORDER MAY COORDINATE WITH THE COUNTY ASSESSOR AND COUNTY TREASURER TO PREVENT MULTIPLE NOTICES FROM BEING SENT TO THE SAME PERSON. Deletes subsection K.4, K.11 and K.12 relating to stalking and domestic violence Amends new subsection K.4 as follows K.4. "Eligible person" means a peace officer, justice, judge, commissioner, public defender, prosecutor, code enforcement officer, adult or juvenile corrections officer, corrections support staff member, probation officer, member of the board of executive clemency, law enforcement support staff member, national guard member who is acting in support of a law enforcement agency, person who is protected under an order of protection or injunction against harassment OR firefighter who is assigned to the Arizona counterterrorism center in the department of public safety. C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc 56
Renumber to conform to changes
22-131 Constables; powers and duties HB2623/ Chapter 150 relating to constables
Amends subsection C and adds subsection E as follows: C. Constables, with the consent of and at salaries fixed by the board of supervisors, may appoint deputies WHO ARE CERTIFIED PURSUANT TO SECTION 41-1822, SUBSECTION A, PARAGRAPH 3 . . . E. A CONSTABLE WHO IS DULY ELECTED OR WHO IS APPOINTED BY THE BOARD OF SUPERVISORS HAS THE AUTHORITY OF A PEACE OFFICER ONLY IN THE PERFORMANCE OF THE CONSTABLE'S OFFICIAL DUTIES.
38-848 Fund manager SB1151/ Chapter 125 relating to public retirement systems
Amends this section to allow the Fund Manager of public retirement systems more discretion in investment of fund monies.
38-1101 Law enforcement officers; probation officers; right to representation; right to evidence on appeal; change of hearing officer or administrative law judge; definitions SB1057/ Chapter 40 relating to law enforcement officer representation
Amends subsection B as follows: B. SUBSECTION A DOES NOT require the employer to either: Amends subsections K.4(b) and K.5 as follows:
K.4. (For the purposes of this section) "Law enforcement officer" means:
(b) A detention officer or correction officer, OTHER THAN A PROBATIONARY EMPLOYEE, who is employed by this state or a political subdivision of this state. K. 5. (For the purposes of this section) "Probation officer" means a probation officer or surveillance officer, OTHER THAN A PROBATIONARY EMPLOYEE, who is employed by this state or a political subdivision of this state.
57
38-1101 Law enforcement officers; probation officers; right to representation; right to evidence on appeal; change of hearing officer or administrative law judge; burden of proof; definitions SB1339/ Chapter 193 relating to law enforcement officers
Adds subsections A.3, B, C, G and L.2, and adds subsection I as follows: A.3. (If an employer interviews a law enforcement officer or probation officer and the employer reasonably believes that the interview could result in dismissal, demotion or suspension) THE EMPLOYER MAY REQUIRE THE LAW ENFORCEMENT OFFICER OR PROBATION OFFICER TO SUBMIT TO A POLYGRAPH EXAMINATION IF THE OFFICER MAKES A STATEMENT TO THE EMPLOYER DURING THE INVESTIGATION THAT DIFFERS FROM OTHER INFORMATION RELATING TO THE INVESTIGATION THAT IS KNOWN TO THE EMPLOYER AND RECONCILING THAT DIFFERENCE IS NECESSARY TO COMPLETE THE INVESTIGATION. IF A POLYGRAPH EXAMINATION IS ADMINISTERED PURSUANT TO THIS PARAGRAPH, THE EMPLOYER OR THE PERSON ADMINISTERING THE POLYGRAPH EXAMINATION SHALL MAKE AN AUDIO RECORDING OF THE COMPLETE POLYGRAPH PROCEDURE AND PROVIDE A COPY OF THE RECORDING TO THE LAW ENFORCEMENT OFFICER OR PROBATION OFFICER. B. SUBSECTION A DOES NOT require the employer to either: C. Subsection A, PARAGRAPHS 1 AND 2 DO not apply to an interview of a law enforcement officer or probation officer that is: G. . . . In cases before the office of administrative hearings, OR WHERE THE EMPLOYER IS A COUNTY WITH A POPULATION OF TWO HUNDRED FIFTY THOUSAND OR MORE PERSONS OR A CITY WITH A POPULATION OF SIXTY-FIVE THOUSAND OR MORE PERSONS, on the first request of a party, the request shall be granted. All other requests, including any subsequent requests in cases before the office of administrative hearings, OR WHERE THE EMPLOYER IS A COUNTY WITH A POPULATION OF TWO HUNDRED FIFTY THOUSAND OR MORE PERSONS OR A CITY WITH A POPULATION OF SIXTY-FIVE THOUSAND OR MORE PERSONS, may be granted only on a showing that a fair and impartial hearing cannot be obtained due to the prejudice of the assigned hearing officer or administrative law judge.. . . I. THE BURDEN OF PROOF IN AN APPEAL OF A DISCIPLINARY ACTION BY A LAW ENFORCEMENT OFFICER OR PROBATION OFFICER SHALL BE ON THE EMPLOYER. L.2. (For the purposes of this section) "disciplinary action" means the dismissal, demotion or suspension for more than TWENTY-FOUR hours of a law enforcement officer or probation officer that is authorized by statute, charter or ordinance and that is subject to a hearing or other procedure by a local merit board, a civil service board, an administrative law judge or a hearing officer. Renumbers to conform to changes
41-1823 Adoption of minimum qualifications; certification required HB2623/ Chapter 150 relating to constables
Amends subsection B by including constables, pursuant to SECTION 22-131, in those with the authority to perform the duties of a peace officer. C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc 58
NEW / REVISED TITLES

Bill HB2321 HB2745 HB2745 HB2207 HB2210 HB2485 SB1412 Chapter 237 152 152 301 286 305 282 ARS Title 12 41 41 13 41 44 13 44 7 32 11 38 ARS Chapter 6 ARTICLE 17. DECLARATION OF INNOCENCE ARTICLE 7.2 LICENSING ELIGIBILITY CHAPTER 44 AUTHORIZED PRESENCE REQUIREMENTS ARTILCE 1. GOVERNMENT PROCUREMENT CHAPTER 7.1 CAPITAL SENTENCING CHAPTER 4 ARIZONA PUBLIC SAFETY COMMUNICATIONS ADVISORY COMMISSION ARTICLE 23. PUBLIC SALE OF ANIMALS ARTICLE 28. RETENTION AND PRESERVATION OF BIOLOGICAL EVIDENCE
RENUMBERED/REPEALED
Old Statute 13-119 13-604.01 13-604.02 13-604.03 13-604-04 13-609 13-701.01 13.702.02 13-703 13-703.01 13-703.02 13-703.03 13-703.04 13-703.05 13-704 13-705 13-706 New Statute repealed 13-705 13-708 repealed 13-901.03 13-709 repealed repealed 13-751 13-752 13-753 13-754 13-755 13-756 13-757 13-758 13-759 Chapter 301 301 301 301 301 301 301 301 301 301 301 301 301 301 301 301 301 Bill HB2207 HB2207 HB2207 HB2207 HB2207 HB2207 HB2207 HB2207 HB2207 HB2207 HB2207 HB2207 HB2207 HB2207 HB2207 HB2207 HB2207 59
13-708 13-709 13-713 41-1830.41 13-711 13-712 28-1109 23-286
13-711 13-712 13-706 41-3541 repealed repealed repealed repealed
301 301 301 289 301 301 249 142
HB2207 HB2207 HB2207 HB2210 HB2207 HB2207 HB2403 HB2088
INDEX
Statute 5-221 5-222 5-223 5-349 5-391 5-395.03 5-396 5-397 8-810 8-821 9-499.13 11-483 11-484 12-1809 13-105 13-303 13-610 13-705 13-1204 13-1405 13-1407 13-1419 13-2008 13-2010 13-2314.01 13-2319 Bill Number HB 2843 HB 2843 HB 2843 HB 2643 HB 2643 HB2643 HB 2643 HB 2643 HB 2599 HB 2599 HB 2066 HB 2478 HB 2478 HB 2248 HB 2623 SB 1354 SB 1332 HB 2207 HB 2444 HB 2207 HB 2480 SB 1016 HB 2745 HB 2745 HB 2478 HB 2482 Chapter 120 120 120 256 256 256 256 256 165 165 5 113 113 205 150 296 276 301 179 301 219 209 152 152 113 170 Page 48 48 48 42 42-43 43 43-45 45-47 47 48 48-49 53-54 54 49 2 2 2-3 3 3 3-4 4 4 4-5 5 54-55 5 60
13-2322 13-2921 13-3101 13-3101 13-3102 13-3112 13-3112 13-3557 13-3560 13-3561 13-3602 13-3705 13-3825 13-3890 13-4221 14-5701 16-153 22-131 25-681 28-454 28-601 28-672 28-675 28-676 28-776 28-797 28-929 28-935 28-956 28-1111 28-1171 28-1174 28-1177 28-1178 28-1179 28-1180 28-1181
HB 2842 HB 2248 SB 1153 HB 2486 SB 1153 SB 1070 HB 2634 HB 2480 HB 2207 HB 2207 HB 2248 SB 1038 SB 1021 SB 1412 SB 1412 SB 1013 HB 2478 HB 2623 SB 1013 HB 2478 HB 2355 HB 2093 HB 2093 HB 2093 HB 2249 HB 2093 HB 2088 HB 2088 HB 2088 HB 2355 SB 1167 SB 1167 SB 1167 SB 1167 SB 1167 SB 1167 SB 1167
170 205 274 3 274 263 269 219 301 301 205 121 9 282 282 7 113 150 7 113 147 143 143 143 99 143 142 142 142 147 294 294 294 294 294 294 294
5-6 6 6-7 7-8 8 8-9 9 9 10 10-11 11 11-12 12 12-13 13-14 49 55 56 49 15 15 16 16 16 16-17 17-18 18 18-19 19 19 19-20 21 22-23 23 23-24 24-25 25 25-26 61
28-1321 HB 2643 256 C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc
28-1382 28-1385 28-1387 28-1445 28-1461 28-1593 28-2001 28-2055 28-2091 28-2154.01 28-2351 28-2351 28-2403 28-2403 28-2405 28-2405 28-2429 28-2430 28-2431 28-2432 28-3319 28-3393 28-5201 28-5202 28-5204 28-5240 28-5242 28-5245 28-5432 28-8429 32-1401 32-1501 32-1854 32-2501 38-848 38-1101 38-1101
HB 2643 HB 2643 HB 2643 HB 2643 HB 2643 HB2201 HB 2732 HB 2732 SB 1165 HB 2732 HB 2046 SB 1083 HB 2046 SB 1083 HB 2046 SB 1083 HB 2046 HB 2046 SB 1083 SB 1083 HB2643 HB 2488 HB 2355 HB 2355 HB 2355 HB 2355 HB 2355 HB 2355 HB 2355 HB 2574 SB 1078 SB 1078 SB 1078 SB 1078 SB 1151 SB 1057 SB 1339
256 256 256 256 256 286 246 246 258 246 93 257 93 257 93 257 93 93 257 257 256 39 147 147 147 147 147 147 147 116 12 12 12 12 125 40 193
26-27 27-29 30 30-31 31-32 33 33 33 33-35 35 35 35 36 36 36 36 36 36 36 36 36-37 37-38 38-39 39 39 40 40 40 40 40-41 49-50 50 50 50 56 56 56-57 51 62
41-1722 HB2210 286 C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc
41-1823 41-2405 44-1453 44-1799.71
HB 2623 SB 1274 SB 1308 HB 2485
150 69 121 305
57 51 52 52-53
63

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2008 LegislativeUpdate

william.johnston@phoenix.gov eric.edwards@phoenix.gov fran.burns@phoenix.gov (602) 534-0126

Quoted new language is CAPITALIZED

Summarized new language is in regular print

13-105 Definitions HB2623/ Chapter 150 relating to constables

13-1407 Defenses HB2480/ Chapter 219 relating to sexual exploitation of children

C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc

1. ACCEPTS ANY PERSONAL IDENTIFYING INFORMATION OF ANOTHER

2. USES THAT IDENTITY INFORMATION FOR THE PURPOSE OF

C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc

B. IT IS A DEFENSE TO A PROSECUTION PURSUANT TO THIS SECTION IF BOTH OF

1. THE PERSON OR COMPANY ACQUIRES ACTUAL KNOWLEDGE THAT THE

2. THE PERSON OR COMPANY REPORTS THIS INFORMATION TO A LAW

C. FOR THE PURPOSES OF THIS SECTION, "DROP HOUSE" MEANS PROPERTY OR

13-3101 Definitions SB1153/ Chapter 274 relating to explosives

13-3101 Definitions HB2486 / Chapter 3 relating to weapons

A. A PERSON COMMITS AGGRAVATED LURING A MINOR FOR SEXUAL

1. KNOWING THE CHARACTER AND CONTENT OF THE DEPICTION, USES AN

2. BY MEANS OF THE COMMUNICATION, OFFERS OR SOLICITS SEXUAL

B. IT IS NOT A DEFENSE TO A PROSECUTION FOR A VIOLATION OF THIS SECTION

C. AGGRAVATED LURING A MINOR FOR SEXUAL EXPLOITATION IS A CLASS 2

D. THE DEFENSE PRESCRIBED IN SECTION 13-1407, SUBSECTION F APPLIES TO A

a. A COMPUTER, COMPUTER SYSTEM OR NETWORK AS DEFINED IN

b. A CELLULAR OR WIRELESS TELEPHONE AS DEFINED IN SECTION

C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc

2. "HARMFUL TO MINORS" HAS THE SAME MEANING PRESCRIBED IN

B. IT IS NOT A DEFENSE TO A PROSECUTION FOR A VIOLATION OF THIS SECTION

D. UNLAWFUL AGE MISREPRESENTATION IS A CLASS 3 FELONY, AND IF THE MINOR

E. FOR THE PURPOSES OF THIS SECTION, "ELECTRONIC COMMUNICATION DEVICE"

1. A COMPUTER, COMPUTER SYSTEM OR NETWORK AS DEFINED IN SECTION

2. A CELLULAR OR WIRELESS TELEPHONE AS DEFINED IN SECTION 13-4801.

C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc

13-3825 Community notification SB1021/ Chapter 9 relating to sex offender registration

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C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc

C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc

28-601 Definitions HB2355/ Chapter 147 relating to commercial motor vehicles

C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc

28-956 Mirrors HB2088/ Chapter 142 relating to motor carrier safety

28-1171 Definitions SB1167/ Chapter 294 relating to off-highway vehicles

C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc

C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc

C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc

C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc

28-2001 Definitions HB2732/ Chapter 246 relating to vehicle registration requirements

C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc

C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc

C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc

28-5201 Definitions HB2355/ Chapter 147 relating to commercial motor vehicles

28-5202 Applicability HB2355/ Chapter 147 relating to commercial motor vehicles

C:\Documents and Settings\rulexi\Local Settings\Temporary Internet Files\Content.Outlook\GWMU2FYT\2008 Legislative Update.doc

5-349 Watercraft casualties; violation; classification HB2643/Chapter 256 relating to liquor

5-391 Enforcement; violation; classification HB2643/Chapter 256 relating to liquor

Relating to STATE, COUNTIES, CITIES & COURTS

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14-5701 Fiduciary arrest warrants SB1013/ Chapter 7 relating to arrest warrants

32-1401 Definitions SB1078/ Chapter 12 relating to occupations and professions

32-1501 Definitions SB1078/ Chapter 12 relating to occupations and professions

32-2501 Definitions SB1078/ Chapter 12 relating to occupations and professions

A.12.(The Arizona criminal justice commission shall) COMPILE AND DISSEMINATE

Relating to LAW ENFORCEMENT PERSONNEL

Renumber to conform to changes

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