REFERENCE TITLE: extreme DUI; ignition interlocks. State of Arizona House of Representatives Forty-third Legislature Second Regular Session 1998

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1 State of Arizona House of Representatives Forty-third Legislature Second Regular Session REFERENCE TITLE: extreme DUI; ignition interlocks Introduced by epresentatives Gray, Groscost, Cooley, Brimhall, Senator Freestone: Representatives Aguirre, Armstead, Daniels, Eberhart, Fagin, Flake, Foster, Johnson, Marsh, Nichols, Weiers, Wong, Senators Bowers, Burns B, Kaites, Patterson, Petersen, Richardson G, Spitzer AN ACT amending sections -, -, -.0, -, -, -0.0, -0.0, -0, -0, -0 and -0, Arizona Revised Statutes; amending section -, Arizona Revised Statutes, as amended by Laws, chapter, section ; repealing section -, Arizona Revised Statutes, as amended by Laws, chapter, section ; amending sections -0, - and -0, Arizona Revised Statutes; changing the designation of title, chapter, article, Arizona Revised Statutes, to "general provisions"; amending title, chapter, article, Arizona Revised Statutes, by adding sections -0 and -0; amending sections -, - and -, Arizona Revised Statutes; repealing section -, Arizona Revised Statutes; amending title, chapter, article, Arizona Revised Statutes, by adding a new section -; amending sections -, - and -, Arizona Revised Statutes; amending title, chapter, article, Arizona Revised Statutes, by adding sections - and -; amending sections -, - and -, Arizona Revised Statutes; amending title, chapter, Arizona Revised Statutes, by adding article ; amending sections -0, -, -, -0, -, - and -, Arizona Revised Statutes; amending section -00, Arizona Revised Statutes, as amended by Laws, chapter, section and chapter 0, section ; amending section -00, Arizona Revised Statutes, as amended by Laws, chapter, section and chapter 0, section ; blending multiple enactments; relating to driving under the influence. Be it enacted by the Legislature of the State of Arizona: Section. Section -, Arizona Revised Statutes, is amended to read:

2 Referrals; diversions; conditions; community based alternative programs; definition A. Except as provided in subsection B of this section, before a petition is filed or an admission or adjudication hearing is held, the county attorney may divert the prosecution of a juvenile who is accused of committing a delinquent act or a child who is accused of committing an incorrigible act to a community based alternative program or to a diversion program administered by the juvenile court. B. A juvenile who is a chronic felony offender as defined in section -0, who is a violent felony offender or who is alleged to have committed a violation of section -, - or - is not eligible for diversion. C. The county attorney has sole discretion to decide whether to divert prosecution of a juvenile offender. The county attorney may designate the offenses that shall be retained by the juvenile court for diversion or that shall be referred directly to a community based alternative program. D. The county attorney or the juvenile court in cooperation with the county attorney may establish community based alternative programs. E. Except for offenses that the county attorney designates as eligible for diversion or referral to a community based alternative program, upon receipt of a referral alleging the commission of an offense, the juvenile probation officer shall submit the referral to the county attorney to determine if a petition should be filed. F. If the county attorney diverts the prosecution of a juvenile to the juvenile court, the juvenile probation officer shall conduct a personal interview with the alleged juvenile offender. At least one of the juvenile s parents or guardians shall attend the interview. The probation officer may waive the requirement for the attendance of the parent or guardian for good cause. If the juvenile acknowledges responsibility for the delinquent or incorrigible act, the juvenile probation officer shall require that the juvenile comply with one or more of the following conditions:. Participation in unpaid community service work.. Participation in a counseling program approved by the court, which is designed to strengthen family relationships and to prevent repetitive juvenile delinquency.. Participation in an education program approved by the court, which has as its goal the prevention of further delinquent behavior.. Participation in an education program approved by the court, which is designed to deal with ancillary problems experienced by the juvenile, such as alcohol or drug abuse.. Participation in a nonresidential program of rehabilitation or supervision offered by the court, or offered by a community youth serving agency and approved by the court. - -

3 Payment of restitution to the victim of the delinquent act.. Payment of a monetary assessment. G. If the juvenile successfully complies with the conditions set forth by the probation officer, the county attorney shall not file a petition in juvenile court and the program s resolution shall not be used against the juvenile in any further proceeding and is not an adjudication of incorrigibility or delinquency. The resolution of the program is not a conviction of crime, does not impose any civil disabilities ordinarily resulting from a conviction and does not disqualify the juvenile in any civil service application or appointment. H. In order to participate in a community based alternative program the juvenile who is referred to a program shall admit responsibility for the essential elements of the accusation and shall cooperate with the program in all of its proceedings. I. All of the following apply to each community based alternative program that is established pursuant to this section:. The juvenile s participation is voluntary.. The victim s participation is voluntary.. The community based alternative program shall ensure that the victim, the juvenile s parent or guardian and any other persons who are directly affected by an offense have the right to participate.. The participants shall agree to the consequences imposed on the juvenile or the juvenile s parent or guardian.. The meetings and records shall be open to the public. J. After holding a meeting the participants in the community based alternative program may agree on any legally reasonable consequences that the participants determine are necessary to fully and fairly resolve the matter except confinement. K. The participants shall determine consequences within thirty days after referral to the community based alternative program, and the juvenile shall complete the consequences within ninety days after the matter is referred to the community based alternative program. The county attorney or the juvenile probation officer may extend the time in which to complete the consequences for good cause. L. The community based alternative program, the juvenile, the juvenile s parent or guardian and the victim may sign a written contract in which the parties agree to the program s resolution of the matter and in which the juvenile s parent or guardian agrees to ensure that the juvenile complies with the contract. The contract may provide that the parent or guardian shall post a bond payable to this state to secure the performance of any consequence imposed on the juvenile pursuant to subsection J of this section. - -

4 M. If the juvenile successfully completes the consequences, the county attorney shall not file a petition in juvenile court and the program s resolution shall not be used against the juvenile in any further proceeding and is not an adjudication of incorrigibility or delinquency. The resolution of the program is not a conviction of crime, does not impose any civil disabilities ordinarily resulting from a conviction and does not disqualify the juvenile in any civil service application or appointment. N. The county attorney or juvenile court shall assess the parent of a juvenile who is diverted pursuant to subsection A of this section a fee of forty dollars unless, after determining the inability of the parent to pay the fee, the county attorney or juvenile court assesses a lesser amount. All monies assessed pursuant to this subsection shall be used for the administration and support of community based alternative programs or juvenile court diversion programs. The clerk of the superior court shall pay all monies collected from this assessment to the county treasurer for deposit in the juvenile probation fund, to be utilized as provided in section -, and the county attorney shall pay all monies collected from this assessment into the county attorney diversion fund established by section -. O. The supreme court shall annually establish an average cost per juvenile for providing diversion services in each county, based upon the monies appropriated for diversion pursuant to section -, excluding the cost of juvenile intake services provided by the juvenile court, and the number of juveniles diverted the previous year. Upon the county attorney s certification to the supreme court of the number of juveniles diverted to a county attorney community based alternative program each quarter, the annual average cost per juvenile for each juvenile diverted shall be reimbursed to the county attorney diversion fund established by section - out of monies appropriated to the supreme court for diversion programs. P. If the juvenile does not acknowledge responsibility for the offense, or fails to comply with the consequences set by the community based alternative program, the case shall be submitted to the county attorney for review. Q. After reviewing a referral, if the county attorney declines prosecution, the county attorney may return the case to the juvenile probation department for further action as provided in subsection F of this section. R. For the purposes of this section, "violent" means an offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person and includes an offense listed in section

5 Sec.. Section -, Arizona Revised Statutes, is amended to read: -. Disposition of offenses involving driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor or drugs A. A juvenile who is adjudicated delinquent for a violation of section - or - shall be incarcerated for a period of twenty-four consecutive hours. B. A juvenile who within a period of sixty months is adjudicated delinquent for a violation of section - or - and who has previously been adjudicated for a violation of section -, - or - or an act in another state, a court of the United States or a tribal court that if committed in this state would be a violation of section -, - or - shall be incarcerated for a period of thirty consecutive days that shall be served in a juvenile detention center or in the department of juvenile corrections. C. A juvenile who is adjudicated delinquent for a violation of section - shall be sentenced as provided in section - except that any incarceration shall be served in a juvenile detention center or in the department of juvenile corrections. D. If a juvenile admits committing a violation of section -, - or - or if the court finds that the juvenile committed a violation of section -, - or -, the juvenile hearing officer, judge or commissioner shall order the juvenile to pay at least one hundred dollars but not more than five hundred dollars plus any applicable surcharges and assessments to the public agency processing the violation or the court may order the juvenile to perform at least eighty hours of community service under the supervision of the court. E. The dates of the commission of the offense shall be the determining factor in applying the sixty month provision of subsection B of this section, irrespective of the sequence in which the offenses were committed. A second violation for which a conviction occurs as provided in this section shall not include a conviction for an offense arising out of the same series of acts. F. In addition to any other penalties prescribed by law, if a juvenile admits committing a violation of section -, - or - or if the court finds that the juvenile committed a violation of section -, - or -, the juvenile hearing officer, judge or commissioner shall order the juvenile to complete alcohol or other drug screening that is provided by a facility approved by the department of health services or a probation department. If a juvenile hearing officer, judge or commissioner determines that the juvenile requires further alcohol or other drug education or treatment, the juvenile may be required pursuant to court order to obtain education or treatment under the court s supervision from an approved facility. The juvenile hearing officer, judge or commissioner may review an - -

6 education or treatment determination at the request of the state or the defendant or on the juvenile hearing officer s, judge s or commissioner s initiative. The juvenile shall pay the costs of the screening, education or treatment unless the court waives part or all of the costs. The court may order the parent or guardian of the juvenile to pay part or all of the costs of the screening, education or treatment. Sec.. Section -.0, Arizona Revised Statutes, is amended to read: -.0. Prisoner work, community service work and home detention program; eligibility; monitoring; procedures; home detention for persons sentenced for driving under the influence of alcohol or drugs A. A city or town may establish a prisoner work, community service work and home detention program for eligible sentenced prisoners which shall be treated the same as confinement in jail. Such program shall be approved by the presiding judge of the city or town municipal court prior to its implementation. B. A prisoner is not eligible for a prisoner work, community service work and home detention program if any of the following is applicable:. The prisoner is found by the city or town to constitute a risk to either himself or other members of the community.. The prisoner has a past history of violent behavior.. The sentencing judge states at the time of the sentence that the prisoner may not be eligible for a prisoner work, community service work and home detention program. C. For prisoners selected for the program the city or town may require electronic monitoring in the prisoner s home whenever the prisoner is not at the prisoner s regular place of employment or while the prisoner is assigned to a community work task. If electronic monitoring is required, the prisoner shall remain under the control of a home detention device which constantly monitors the prisoner s location in order to determine that the prisoner has not left the prisoner s premises. In all other cases, the city or town shall implement a system of monitoring using telephone contact or other appropriate methods to assure compliance with the home detention requirements. The city or town may place appropriate restrictions on prisoners in the program including testing prisoners for consumption of alcoholic beverages or drugs or prohibiting association with individuals determined to be detrimental to the prisoner s successful participation in the program. D. If a prisoner is required to be placed on electronic monitoring pursuant to subsection C of this section, the prisoner shall pay an electronic monitoring fee in an amount ranging from zero to full cost and thirty dollars per month while on electronic monitoring, unless, after determining the inability of the prisoner to pay these fees, the city or town - -

7 assesses a lesser fee. The fees collected shall be used by the city or town to offset operational costs of the program. E. Prisoners selected for the home detention program shall be employed within the county in which the city or town is located. The city or town shall review the place of employment to determine whether it is appropriate for a home detention prisoner. If the prisoner is terminated from employment or does not come to work, the employer shall notify the city or town. Alternatively, or in addition, a community service work assignment may be made by the city or town to a program recommended by the community service work committee. If a prisoner is incapable of performing community service or being employed, the city or town may exempt the prisoner from these programs. F. The city or town may require that a prisoner who is employed during the week also participate in community service work programs on weekends. G. The city or town may allow prisoners to be away from home detention for special purposes including church attendance, medical appointments or funerals. H. Community service work shall include public works projects operated and supervised by the city or town or other public agencies of this state or projects sponsored and supervised by public or private community oriented organizations and agencies. I. A city or town implementing a program under this section shall appoint a community service work committee. The committee shall recommend to the city or town appropriate community service work projects for home detention prisoners. Members are not eligible to receive compensation. J. At any time the city or town may terminate a prisoner s participation in the prisoner work, community service work and home detention program and require that the prisoner complete the remaining term of the prisoner s sentence in jail confinement. K. Nothing in this section shall prohibit a city or town from entering into a joint exercise of powers agreement pursuant to section - for a prisoner work, community service work and home detention program. L. If authorized by the court, a person sentenced pursuant to section - or - shall not be placed under home detention in a prisoner work, community service work and home detention program except as provided in subsections M through R of this section. M. By a majority vote of the full membership of the governing body of the municipality after a public hearing and a finding of necessity, a city or town may establish a home detention program for persons sentenced to jail confinement pursuant to section - or -. A prisoner placed under the program established pursuant to this subsection shall bear the cost of all testing, monitoring and enrollment in alcohol or substance abuse programs unless, after determining the inability of the prisoner to pay the cost, the - -

8 court assesses a lesser amount. The city or town shall use the collected monies to offset operational costs of the program. N. If the city or town establishes a home detention program under subsection M of this section, a prisoner must meet the following eligibility requirements for the program:. The provisions of subsection B of this section apply in determining eligibility for the program.. If the prisoner is sentenced under section - -, subsection B J, the prisoner first serves a minimum of twenty-four consecutive hours in jail.. Notwithstanding section - -, subsection O C, if the prisoner is sentenced under section - -, subsection D L or section -, subsection E, the prisoner first serves a minimum of fifteen consecutive days in jail before being placed under home detention.. The prisoner is required to comply with all of the following provisions for the duration of the prisoner s participation in the home detention program: (a) All of the provisions of subsections C through H of this section. (b) Testing at least once a day for the use of alcoholic beverages or drugs by a scientific method that is not limited to urinalysis or a breath or intoxication test in the prisoner s home or at the office of a person designated by the court to conduct these tests. (c) Participation in an alcohol or drug program, or both. These programs shall be accredited by the department of health services or a county probation department. (d) Prohibition of association with any individual determined to be detrimental to the prisoner s successful participation in the program. (e) All other provisions of the sentence imposed.. Any additional eligibility criteria that the city or town may impose. O. If a city or town establishes a home detention program under subsection M of this section, the court, on placing the prisoner in the program, shall require electronic monitoring in the prisoner s home and, if consecutive hours of jail time are ordered, shall require the prisoner to remain at home during the consecutive hours ordered. The detention device shall constantly monitor the prisoner s location to ensure that the prisoner does not leave the premises. Nothing in this subsection shall be deemed to waive the minimum jail confinement requirements under subsection M N, paragraph of this section. P. The court shall terminate a prisoner s participation in the home detention program and require the prisoner to complete the remaining term of the jail sentence by jail confinement if: - -

9 The prisoner fails to successfully complete a court ordered alcohol or drug screening, counseling, education and treatment program pursuant to subsection N, paragraph, subdivision (c) of this section, or section - -, subsection C k or E M or section -, subsection F.. The court finds that the prisoner left the premises without permission of the court or supervising authority during a time the prisoner is ordered to be on the premises. Q. At any other time the court may terminate a prisoner s participation in the home detention program and require the prisoner to complete the remaining term of the jail sentence by jail confinement. R. The governing body of the city or town may terminate the program established under subsection M of this section by a majority vote of the full membership of the governing body. Sec.. Section -, Arizona Revised Statutes, is amended to read: -. Prisoner work, community service work and home detention program; eligibility; monitoring; procedures; home detention for persons sentenced for driving under the influence of alcohol or drugs; community service work committee; members; duties A. The sheriff may establish a prisoner work, community service work and home detention program for eligible sentenced prisoners which shall be treated the same as confinement in jail and shall fulfill the sheriff s duty to take charge of and keep the county jail and prisoners. B. A prisoner is not eligible for a prisoner work, community service work and home detention program if any of the following is applicable:. After independent review and determination of the jail s classification program, the prisoner is found by the sheriff to constitute a risk to either himself or other members of the community.. The prisoner has a past history of violent behavior.. The prisoner has been convicted of a serious offense as defined by section -0 or has been determined to be a dangerous and repetitive offender.. Jail time is being served as a result of a felony conviction.. The sentencing judge states at the time of the sentence that the prisoner may not be eligible for a prisoner work, community service work and home detention program.. The prisoner is sentenced to a county jail and is being held for another jurisdiction. C. For prisoners selected for the program the sheriff may require electronic monitoring in the prisoner s home whenever the prisoner is not at his regular place of employment or while the prisoner is assigned to a community work task. If electronic monitoring is required, the prisoner shall remain under the control of a home detention device which constantly - -

10 monitors the prisoner s location in order to determine that the prisoner has not left his premises. In all other cases, the sheriff shall implement a system of monitoring using visitation, telephone contact or other appropriate methods to assure compliance with the home detention requirements. The sheriff may place appropriate restrictions on prisoners in the program including testing prisoners for consumption of alcoholic beverages or drugs or prohibiting association with individuals determined to be detrimental to the prisoner s successful participation in the program. D. If a prisoner is required to be placed on electronic monitoring pursuant to subsection C of this section, the prisoner shall pay an electronic monitoring fee in an amount ranging from zero to full cost and thirty dollars per month while on electronic monitoring, unless, after determining the inability of the prisoner to pay these fees, the sheriff assesses a lesser fee. The fees collected shall be used by the sheriff to offset operational costs of the program. E. Prisoners selected for the home detention program shall be employed in the county in which they are incarcerated. The sheriff shall review the place of employment to determine whether it is appropriate for a home detention prisoner. If the prisoner is terminated from employment or does not come to work, the employer shall notify the sheriff s office. Alternatively, or in addition, a community service work assignment may be made by the sheriff to a program recommended to the sheriff by the community service work committee. If a prisoner is incapable of performing community service or being employed, the sheriff may exempt the prisoner from these programs. F. The sheriff may require that a prisoner who is employed during the week also participate in community service work programs on weekends. G. The sheriff may allow prisoners to be away from home detention for special purposes including church attendance, medical appointments or funerals. The standard for review and determination of such leave is the same as that implemented to decide transportation requests for similar purposes made by prisoners confined in the county jail. H. Community service work shall include public works projects operated and supervised by public agencies of this state or counties, cities or towns on recommendation of the community service work committee and approval of the sheriff. The community service work committee may also recommend and the sheriff may approve other forms of community service work sponsored and supervised by public or private community oriented organizations and agencies. I. The community service work committee is established in each county and is composed of two designees of the sheriff, a representative of the county attorney s office selected by the county attorney, a representative of a local police agency selected by the police chief of the largest city in the county and three persons selected by the county board of supervisors from the private sector. A sheriff s designee shall serve as committee chairman - 0 -

11 and schedule all meetings. The committee shall meet as often as necessary, but no less than once every three months, for the purpose of considering and recommending appropriate community service work projects for home detention prisoners. The committee shall make its recommendations to the sheriff. Members are not eligible to receive compensation. J. At any time the sheriff may terminate a prisoner s participation in the prisoner work, community service work and home detention program and require that the prisoner complete the remaining term of the prisoner s sentence in jail confinement. K. If authorized by the court, a person sentenced pursuant to section - or - shall not be placed under home detention in a prisoner work, community service work and home detention program except as provided in subsections L through Q of this section. L. By a majority vote of the full membership of the board of supervisors after a public hearing and a finding of necessity a county may authorize the sheriff to establish a home detention program for persons sentenced to jail confinement pursuant to section - or -. If the board authorized the establishment of a home detention program, a county sheriff may establish the program. A prisoner placed under the program established pursuant to this subsection shall bear the cost of all testing, monitoring and enrollment in alcohol or substance abuse programs unless, after determining the inability of the prisoner to pay the cost, the court assesses a lesser amount. The county shall use the collected monies to offset operational costs of the program. M. If a county sheriff establishes a home detention program under subsection L of this section, a prisoner must meet the following eligibility requirements for the program:. The provisions of subsection B of this section apply in determining eligibility for the program.. If the prisoner is sentenced under section - -, subsection B J, the prisoner first serves a minimum of twenty-four consecutive hours in jail.. Notwithstanding section - -, subsection O C, if the prisoner is sentenced under section - -, subsection D L or section -, subsection E, the prisoner first serves a minimum of fifteen consecutive days in jail before being placed under home detention.. The prisoner is required to comply with all of the following requirements for the duration of the prisoner s participation in the home detention program: (a) All of the provisions of subsections C through H of this section. (b) Testing at least once a day for the use of alcoholic beverages or drugs by a scientific method that is not limited to urinalysis or a breath - -

12 or intoxication test in the prisoner s home or at the office of a person designated by the court to conduct these tests. (c) Participation in an alcohol or drug program, or both. These programs shall be accredited by the department of health services or a county probation department. (d) Prohibition of association with any individual determined to be detrimental to the prisoner s successful participation in the program. (e) All other provisions of the sentence imposed.. Any additional eligibility criteria that the county may impose. N. If a county sheriff establishes a home detention program under subsection L of this section, the court, on placing the prisoner in the program, shall require electronic monitoring in the prisoner s home and, if consecutive hours of jail time are ordered, shall require the prisoner to remain at home during the consecutive hours ordered. The detention device shall constantly monitor the prisoner s location to ensure that the prisoner does not leave the premises. Nothing in this subsection shall be deemed to waive the minimum jail confinement requirements under subsection M, paragraph of this section. O. The court shall terminate a prisoner s participation in the home detention program and shall require the prisoner to complete the remaining term of the jail sentence by jail confinement if either:. The prisoner fails to successfully complete a court ordered alcohol or drug screening, counseling, education and treatment program pursuant to subsection M, paragraph, subdivision (c) of this section, or section - -, subsection C K or E M or section -, subsection F.. The prisoner leaves the premises during a time that the prisoner is ordered to be on the premises without permission of the court or supervising authority. P. At any other time the court may terminate a prisoner s participation in the home detention program and require the prisoner to complete the remaining term of the jail sentence by jail confinement. Q. The sheriff may terminate the program at any time. R. A person sentenced pursuant to section - shall not be placed under home detention in a prisoner work, community service work and home detention program. Sec.. Section -, Arizona Revised Statutes, is amended to read: -. Adult probation officers and support staff; appointment; qualifications A. The presiding judge of the superior court in each county shall appoint a chief adult probation officer who shall serve at the pleasure of the presiding judge. Such chief adult probation officer, with the approval of the presiding judge of the superior court, shall appoint such deputy adult probation officers and support staff as are necessary to provide presentence - -

13 investigations and supervision services to the court. Presentence investigations and probation services may be provided to the justice courts in each county for persons who are convicted of violating section - or - or title, chapter,. or and who are placed on supervised probation by the court. Presentence investigations and supervised probation services may be provided by a county probation office to a municipal court through an intergovernmental agreement entered into by the respective county and municipality. On approval of the presiding judge and in accordance with policies and procedures developed by the supreme court, the presiding judge of the superior court may direct that presentence investigations and supervised probation services be provided for other persons if a risk of violence exists or if it would be in the best interest of justice. Those deputy adult probation officers engaged in case supervision shall supervise no more than an average of sixty adults who reside in the county on probation to the court. Such deputy adult probation officers shall hold office under rules and procedures established by the supreme court. B. Each adult probation officer appointed pursuant to subsection A of this section shall give bond in the principal amount to be fixed by the court and approved by the judge making the appointment, conditioned upon the faithful performance by such officer of the officer s official duties and the payment of all monies coming into the officer s possession as such officer to the person, officer or body entitled to receive the monies. Any adult probation officer covered by a blanket faithful performance bond payable to the county or covered by state risk management shall be deemed to be in compliance with this section. C. Probation department personnel shall qualify under minimum standards of experience and education established by the supreme court. Such standards may differ for counties of less than three hundred thousand persons from counties with three hundred thousand persons or more. Notwithstanding section -, any additional salary costs that might be required as a result of the adoption of minimum salary standards by the supreme court may be paid by funds made available to the probation department pursuant to sections - and - or by the supreme court. D. Presently appointed adult probation officers who qualify under the provisions of subsection C of this section shall be retained in their position as long as they are qualified. Sec.. Section -0.0, Arizona Revised Statutes, is amended to read: Qualified immunity A. Unless a public employee acting within the scope of the public employee s employment intended to cause injury or was grossly negligent, neither a public entity nor a public employee is liable for: - -

14 The failure to make an arrest or the failure to retain an arrested person in custody.. An injury caused by an escaping or escaped prisoner or a youth committed to the department of juvenile corrections.. An injury resulting from the probation, community supervision or discharge of a prisoner or a youth committed to the department of juvenile corrections, from the terms and conditions of the prisoner s or youth s probation or community supervision or from the revocation of the prisoner s or youth s probation, community supervision or conditional release under the psychiatric security review board.. An injury caused by a prisoner to any other prisoner or an injury caused by a youth committed to the department of juvenile corrections to any other committed youth.. The issuance of or failure to revoke or suspend any permit, license, certificate, approval, order or similar authorization for which absolute immunity is not provided pursuant to section The failure to discover violations of any provision of law requiring inspections of property other than property owned by the public entity in question.. An injury to the driver of a motor vehicle that is attributable to the violation by the driver of section -, or - or -.. The failure to prevent the sale or transfer of a handgun to a person whose receipt or possession of the handgun is unlawful under any federal law or any law of this state.. Preventing the sale or transfer of a handgun to a person who may lawfully receive or possess a handgun. 0. The failure to detain a juvenile taken into temporary custody or arrested for a criminal offense or delinquent or incorrigible act in the appropriate detention facility, jail or lockup described in section -0. B. The qualified immunity provided in this section applies to a public entity or public employee if the injury or damage was caused by a contractor s employee or a contractor of a public entity acting within the scope of the contract. The qualified immunity provided in this section does not apply to the contractor or the contractor s employee. Sec.. Section -0.0, Arizona Revised Statutes, is amended to read: Repetitive offenders; misdemeanors If a defendant is convicted of a misdemeanor offense and the offense requires enhanced punishment because it is a second or subsequent offense, the existence of the previous conviction shall be determined by the court. The court shall allow the allegation of a prior conviction to be made in the same manner as the allegation prescribed by section - -, subsection H A. - -

15 Sec.. Section -0, Arizona Revised Statutes, is amended to read: -0. Judgment of guilt and sentence document; fingerprint; contents of document; recitations A. At the time of sentencing a person convicted of a felony offense or a violation of section -0, -0, or - or -, the court shall execute a judgment of guilt and sentence document or minute order as prescribed by this section. B. The court or a person appointed by the court shall at the time of sentencing and in open court permanently affix a fingerprint of the defendant to the document or order. C. The document or order shall recite all of the following in addition to any information deemed appropriate by the court:. The full name and date of birth of the defendant.. The name of the counsel for the defendant or, if counsel was waived, the fact that the defendant knowingly, voluntarily and intelligently waived the defendant s right to counsel after having been fully apprised of the defendant s right to counsel.. The name, statutory citation and classification of the offense.. Whether there was a finding by the trier of fact that the offense was of a dangerous or repetitive nature pursuant to section -0 or Whether the basis of the finding of guilt was by trial to a jury or to the court, or by plea of guilty or no contest.. That there was a knowing, voluntary and intelligent waiver of the right to a jury trial if the finding of guilt was based on a trial to the court.. That there was a knowing, voluntary and intelligent waiver of all pertinent rights if the finding of guilt was based on a plea of guilty or no contest.. A certification by the court or the clerk of the court that at the time of sentencing and in open court the defendant s fingerprint was permanently affixed to the document or order. D. The document or order shall be made a permanent part of the public records of the court, and the recitations contained in the document or order are prima facie evidence of the facts stated in the recitations. Sec.. Section -0, Arizona Revised Statutes, is amended to read: -0. Sentencing A. Sentences provided in section -0 for a first conviction of a felony, except those felonies involving a discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury upon another or if a specific sentence is otherwise provided, may be increased or reduced by the court within the ranges set by this subsection. Such reduction or increase shall - -

16 be based on the aggravating and mitigating circumstances contained in subsections C and D of this section and shall be within the following ranges: Minimum Maximum. For a class felony years 0 years. For a class felony. years years. For a class felony. years years. For a class felony months years. For a class felony months. years B. The upper or lower term imposed pursuant to section -0, 0-0.0, -0.0, -0.0 or -0 or subsection A of this section may be imposed only if the circumstances alleged to be in aggravation or mitigation of the crime are found to be true by the trial judge upon any evidence or information introduced or submitted to the court prior to sentencing or any evidence previously heard by the judge at the trial, and factual findings and reasons in support of such findings are set forth on the record at the time of sentencing. C. For the purpose of determining the sentence pursuant to section -0 and subsection A of this section, the court shall consider the following aggravating circumstances: 0. Infliction or threatened infliction of serious physical injury, except if this circumstance is an essential element of the offense of conviction or has been utilized to enhance the range of punishment under section -0.. Use, threatened use or possession of a deadly weapon or dangerous instrument during the commission of the crime, except if this circumstance is an essential element of the offense of conviction or has been utilized to enhance the range of punishment under section -0.. If the offense involves the taking of or damage to property, the value of the property so taken or damaged. 0. Presence of an accomplice.. Especially heinous, cruel or depraved manner in which the offense was committed.. The defendant committed the offense as consideration for the receipt, or in the expectation of the receipt, of anything of pecuniary value.. The defendant procured the commission of the offense by payment, or promise of payment, of anything of pecuniary value.. At the time of the commission of the offense, the defendant was a public servant and the offense involved conduct directly related to his 0 office or employment.. The physical, emotional and financial harm caused to the victim or, if the victim has died as a result of the conduct of the defendant, the emotional and financial harm caused to the victim s immediate family. - -

17 During the course of the commission of the offense, the death of an unborn child at any stage of its development occurred.. The defendant was previously convicted of a felony within the ten years immediately preceding the date of the offense. A conviction outside the jurisdiction of this state for an offense which if committed in this state would be punishable as a felony is a felony conviction for the purposes of this paragraph.. The defendant was wearing a bulletproof vest.. If the victim of the offense is sixty-five or more years of age or is a handicapped person as defined by section -.. The defendant was convicted of a violation of section -0, subsection A, paragraph arising from an act that was committed while driving a motor vehicle and the defendant s alcohol concentration at the time of committing the offense was 0. or more. For the purposes of this paragraph, "alcohol concentration" has the same meaning prescribed in section Any other factors which the court may deem appropriate to the ends of justice. D. For the purpose of determining the sentence pursuant to section -0 and subsection A of this section, the court shall consider the following mitigating circumstances:. The age of the defendant.. The defendant s capacity to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law was significantly impaired, but not so impaired as to constitute a defense to prosecution.. The defendant was under unusual or substantial duress, although not such as to constitute a defense to prosecution.. The degree of the defendant s participation in the crime was minor, although not so minor as to constitute a defense to prosecution.. Any other factors which the court may deem appropriate to the ends of justice. In determining what sentence to impose, the court shall take into account the amount of aggravating circumstances and whether the amount of mitigating circumstances is sufficiently substantial to call for the lesser term. If the court finds aggravating circumstances and does not find any mitigating circumstances, the court shall impose an aggravated sentence. E. The court in imposing sentence shall consider the evidence and opinions presented by the victim or the victim s immediate family at any aggravation or mitigation proceeding or in the presentence report. F. Nothing in this section shall affect any provision of law which imposes the death penalty, which expressly provides for imprisonment for life - -

18 or which authorizes or restricts the granting of probation and suspending the execution of sentence. G. Notwithstanding any other provision of this title, if a person is convicted of any class felony not involving the intentional or knowing infliction of serious physical injury or the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument and if the court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that it would be unduly harsh to sentence the defendant for a felony, the court may enter judgment of conviction for a class misdemeanor and make disposition accordingly or may place the defendant on probation in accordance with chapter of this title and refrain from designating the offense as a felony or misdemeanor until the probation is terminated. The offense shall be treated as a felony for all purposes until such time as the court may actually enter an order designating the offense a misdemeanor. The provisions of this subsection shall not apply to any person who stands convicted of a class felony and who has previously been convicted of two or more felonies. When a crime or public offense is punishable in the discretion of the court by a sentence as a class felony or a class misdemeanor, the offense shall be deemed a misdemeanor if the prosecuting attorney:. Files an information in superior court designating the offense as a misdemeanor; or. Files a complaint in justice court or magistrate municipal court designating the offense as a misdemeanor within the jurisdiction of the respective court; or. Files a complaint, with the consent of the defendant, before or during the preliminary hearing amending the complaint to charge a misdemeanor. Sec. 0. Section -0, Arizona Revised Statutes, is amended to read: -0. Priority of payments; application to traffic offenses; orders to reimburse public monies A. If a defendant is sentenced to pay a fine, payment and enforcement of restitution take priority over payment to the state. B. Section -0 does not apply to traffic offenses, except for a violation of section -, -, -, - or - or any local ordinance relating to the same subject matter of such sections. C. The court may impose an additional fine on sentencing for any offense to require that the defendant reimburse the law enforcement agency for any public monies paid to any person. Sec.. Section -0, Arizona Revised Statutes, is amended to read: -0. Periods of probation A. Unless terminated sooner, probation may continue for the following periods: - -

19 For a class felony, seven years.. For a class felony, five years.. For a class felony, four years.. For a class or felony, three years.. For a class misdemeanor, three years.. For a class misdemeanor, two years.. For a class misdemeanor, one year. B. Notwithstanding subsection A of this section, unless terminated sooner, probation may continue for the following periods:. For a violation of section - or -, five years.. For a violation of section -, ten years. C. When the court has required, as a condition of probation, that the defendant make restitution for any economic loss related to the defendant s offense and that condition has not been satisfied, the court at any time prior to the termination or expiration of probation may extend the period within the following limits:. For a felony, not more than three years.. For a misdemeanor, not more than one year. D. Notwithstanding any other provision of law, justice courts and municipal courts may impose the probation periods specified in subsection A, paragraphs, and and subsection B, paragraph of this section. E. After conviction of a felony offense or an attempt to commit any offense that is included in chapter or. of this title or section -, if probation is available, probation may continue for a term not less than the term that is specified in subsection A of this section up to and including life and that the court believes is appropriate for the ends of justice. Sec.. Section -, Arizona Revised Statutes, as amended by Laws, chapter, section, is amended to read: -. Justice of the peace compensation; judicial productivity credits A. The annual salary of each justice of the peace is determinable on the basis of the total judicial productivity credits of each court as reported in statistics compiled by the Arizona supreme court according to the following formula:. Total civil filings, excluding those small claims filings heard by a volunteer hearing officer, divided by ten equals judicial productivity credits. Juvenile hearings pursuant to section - -, excluding juvenile traffic violations, shall be counted as civil filings.. Total felony complaint filings divided by ten equals judicial productivity credits.. Total misdemeanor filings divided by ten equals judicial productivity credits. - -

20 Total traffic filings of a violation of sections - through -, -, -0.0, -0.0, -0, and - and - divided by ten equals judicial productivity credits.. Total of all other traffic filings divided by sixty equals judicial productivity credits. B. Total judicial productivity credits for a justice of the peace is the sum of the figures computed in subsection A of this section. C. The board of supervisors shall use the average number of cases filed annually in each justice court for the two year period ending December, to determine the initial judicial productivity credits for each of the case load categories described in subsection A of this section. The board of supervisors shall compute judicial productivity credits every two years thereafter using the average annual filings for the preceding two year period. D. In determining the compensation levels appropriate to the case load of each justice of the peace, the board of supervisors shall use the total judicial productivity credits as follows:. Five hundred or more judicial productivity credits, seventy per cent of the annual compensation payable to a judge of the superior court.. Two hundred to four hundred ninety-nine total judicial productivity credits, sixty-five per cent of the annual compensation payable to a judge of the superior court.. One hundred fifty to one hundred ninety-nine total judicial productivity credits, fifty-five per cent of the annual compensation payable to a judge of the superior court.. One hundred to one hundred forty-nine total judicial productivity credits, fifty per cent of the annual compensation payable to a judge of the superior court.. Fifty to ninety-nine total judicial productivity credits, forty-five per cent of the annual compensation payable to a judge of the superior court.. Twenty-five to forty-nine total judicial productivity credits, thirty-five per cent of the annual compensation payable to a judge of the superior court.. Twenty-four or fewer total judicial productivity credits, a part-time case load for one justice of the peace, twenty-five per cent of the annual compensation payable to a judge of the superior court. E. If a justice court is not assigned clerical help, the board of supervisors shall multiply the total judicial productivity credits by two for purposes of determining compensation. F. If the board of supervisors divides a justice precinct into two or more precincts, the board shall set the level of compensation consistent with the intent of this section until such time as statistics are available for - 0 -

21 0 computation of compensation levels using the formula prescribed by this section. G. The board of supervisors shall review and adjust the level of compensation for each justice of the peace within the county every two years beginning January,. H. The judicial productivity credits for any justice court precinct shall not exceed twelve hundred credits. If the total judicial productivity credits of a justice court precinct exceed twelve hundred credits, the county board of supervisors shall create sufficient courts, or redraw the justice court precinct boundaries according to section -0, in order to reduce the judicial productivity credits for any precinct which exceeds that limit. Sec.. Repeal Section -, Arizona Revised Statutes, as amended by Laws, chapter, section, is repealed. - -

22 Sec.. Section -0, Arizona Revised Statutes, is amended to read: -0. Custody; best interests of child; joint custody; modification of decree; fees; children and family services A. The court shall determine custody, either originally or upon petition for modification, in accordance with the best interests of the child. The court shall consider all relevant factors, including:. The wishes of the child s parent or parents as to custody.. The wishes of the child as to the custodian.. The interaction and interrelationship of the child with the child s parent or parents, the child s siblings and any other person who may significantly affect the child s best interest.. The child s adjustment to home, school and community.. The mental and physical health of all individuals involved.. Which parent is more likely to allow the child frequent and meaningful continuing contact with the other parent.. If one parent, both parents or neither parent has provided primary care of the child.. The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding custody.. Whether a parent has complied with chapter, article of this title. B. The court shall consider evidence of domestic violence as being contrary to the best interests of the child. If the court finds that domestic violence has occurred, the court shall make arrangements for visitation that best protect the child and the abused spouse from further harm. The person who has committed an act of domestic violence has the burden of proving that visitation will not endanger the child or significantly impair the child s emotional development. C. If the court determines that a parent or a person seeking custody has been convicted of any drug offense under title, chapter or any violation of section -, - or - within twelve months before the petition or the request for custody, there is a rebuttable presumption that sole or joint custody of the child by that person is contrary to the best interests of the child. In making this determination the court shall state its:. Findings of fact that support its determination that the person was convicted of the offense.. Findings that the custody or visitation arrangement ordered by the court appropriately protects the child. D. To determine if the person has rebutted the presumption established under subsection C of this section, at a minimum the court shall consider the following evidence: - -

23 The absence of any conviction of any other drug offense during the previous five years.. Results of random drug testing for a six month period that indicate that the person is not using drugs as proscribed by title, chapter. E. In awarding child custody, the court may order sole custody or joint custody. This section does not create a presumption in favor of one custody arrangement over another. The court in determining custody shall not prefer a parent as custodian because of that parent s sex. F. The court may issue an order for joint custody of a child if both parents agree and submit a written parenting plan and the court finds such an order is in the best interests of the child. The court may order joint legal custody without ordering joint physical custody. G. The court may issue an order for joint custody over the objection of one of the parents if the court makes specific written findings of why the order is in the child s best interests. In determining whether joint custody is in the child s best interests, the court shall consider the factors prescribed in subsection A of this section and all of the following:. The agreement or lack of an agreement by the parents regarding joint custody.. A parent s lack of agreement is unreasonable or is influenced by an issue not related to the best interests of the child.. The past, present and future abilities of the parents to cooperate in decision-making about the child to the extent required by the order of joint custody.. Whether the joint custody arrangement is logistically possible. H. Joint custody shall not be awarded if the court makes a finding of the existence of significant domestic violence pursuant to section -0 or if the court finds by a preponderance of the evidence that there has been a significant history of domestic violence. In determining the existence of domestic violence, the court shall consider, subject to the rules of evidence, all relevant factors, including, but not limited to, the following:. Findings from another court of competent jurisdiction.. Police reports.. Medical records.. Child protective services records.. Domestic violence shelter records.. School records.. Witness testimony. I. Before an award is made granting joint custody, the parents shall submit a proposed parenting plan that includes at least the following:. Each parent s rights and responsibilities for the personal care of the child and for decisions in areas such as education, health care and religious training. - -

24 A schedule of the physical residence of the child, including holidays and school vacations.. A procedure by which proposed changes, disputes and alleged breaches may be mediated or resolved, which may include the use of conciliation services or private counseling.. A procedure for periodic review of the plan s terms by the parents.. A statement that the parties understand that joint custody does not necessarily mean equal parenting time. J. If the parents are unable to agree on any element to be included in a parenting plan, the court shall determine that element. The court may determine other factors that are necessary to promote and protect the emotional and physical health of the child. K. Unless otherwise provided by court order or law, on reasonable request both parents are entitled to have equal access to documents and other information concerning the child s education and physical, mental, moral and emotional health including medical, school, police, court and other records directly from the custodian of the records or from the other parent. A person who does not comply with a reasonable request shall reimburse the requesting parent for court costs and attorney fees incurred by that parent to force compliance with this subsection. A parent who attempts to restrict the release of documents or information by the custodian under this subsection without a prior court order is subject to appropriate legal sanctions. L. The court may specify one parent as the primary caretaker of the child and one home as the primary home of the child for the purposes of defining eligibility for public assistance. This finding does not diminish the rights of either parent and does not create a presumption for or against either parent in a proceeding for the modification of a custody order. M. In a contested custody case, the court shall make specific findings on the record about all relevant factors and the reasons for which the decision is in the best interests of the child. N. No motion to modify a custody decree may be made earlier than one year after its date, unless the court permits it to be made on the basis of affidavits that there is reason to believe the child s present environment may seriously endanger the child s physical, mental, moral or emotional health. At any time after a joint custody order is entered, a parent may petition the court for modification of the order on the basis of evidence that domestic violence pursuant to section -0 or -0, spousal abuse or child abuse occurred since the entry of the joint custody order. Six months after a joint custody order is entered, a parent may petition the court for modification of the order based on the failure of the other parent to comply with the provisions of the order. A motion or petition to modify a custody order shall meet the requirements of sections -0 and

25 O. Attorney fees and costs shall be assessed against a party seeking modification if the court finds that the modification action is vexatious and constitutes harassment. P. In a proceeding regarding sole custody or joint custody, either party may request attorney fees, costs and expert witness fees to enable the party with insufficient resources to obtain adequate legal representation and to prepare evidence for the hearing. If the court finds there is a financial disparity between the parties, the court may order payment of reasonable fees, expenses and costs to allow adequate preparation. Q. For any custody order entered under this section, the court shall determine an amount of child support in accordance with section -0 and guidelines established pursuant to that section. An award of joint custody does not diminish the responsibility of either parent to provide for the support of the child. R. The court shall not request or order the services of the division of children and family services in the department of economic security unless it believes that a child may be the victim of child abuse or neglect as defined in section -. Sec.. Section -, Arizona Revised Statutes, is amended to read: -. Reckless driving; classification; license; surrender A. A person who drives a vehicle in reckless disregard for the safety of persons or property is guilty of reckless driving. B. A person convicted of reckless driving is guilty of a class misdemeanor. C. In addition, the judge may require the surrender to the judge of any driver license of the convicted person and, on surrender of the license, shall forward to the department the abstract of conviction with an order of the court suspending the driving privileges of the person for a period of not more than ninety days. On receipt of the abstract of conviction and order, the department shall suspend the driving privilege of the person for the period of time ordered by the judge. D. If a person who is convicted of a violation of this section has been previously convicted of a violation of this section, section -0 or section -0, subsection A, paragraph, in the driving of a vehicle, or section -0, -, - or - within a period of twenty-four months:. The person is guilty of a class misdemeanor.. The person is not eligible for probation, pardon, suspension of sentence or release on any basis until the person has served not less than twenty days in jail.. The judge shall require the surrender to the judge of any driver license of the convicted person and shall immediately forward the abstract of conviction to the department. - -

26 On receipt of the abstract of conviction, the department shall revoke the driving privilege of the person. E. The dates of the commission of the offense are the determining factor in applying subsection D of this section. A second or subsequent violation for which a conviction occurs as provided in this section does not include a conviction for an offense arising out of the same series of acts. A judge shall not fail to secure the surrender to the judge of any license of a person for a second or subsequent conviction. F. On pronouncement of a jail sentence under this section, the court may provide in the sentence that if the defendant is employed or attending school and can continue employment or school the defendant may continue the employment or school for not more than twelve hours per day nor more than five days per week and shall spend the remaining days or parts of days in jail until the sentence is served. The defendant shall be allowed out of jail only long enough to complete the defendant s actual hours of employment or school. Sec.. Heading change The article heading of title, chapter, article, Arizona Revised Statutes, is changed from "definitions" to "general provisions". Sec.. Section -0, Arizona Revised Statutes, is amended to read: -0. Definitions In this chapter, unless the context otherwise requires:. "Certified ignition interlock device" means an ignition interlock device that is certified pursuant to article of this chapter... "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles used to transport passengers or property if the motor vehicle either: (a) Has a gross combined 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) Has a gross vehicle weight rating of twenty-six thousand one or more pounds. (c) Is a school bus. (d) Is a bus. (e) Is of any size, Is used in the transportation of materials found to be hazardous for the purposes of the hazardous materials transportation act ( United States Code appendix sections 0 0 through ) and is required to be placarded under Code of Federal Regulations section.0, as adopted by the department pursuant to chapter of this title... "Education" means a program in which a person participates in at least sixteen hours of classroom instruction relating to alcohol or other drugs. - -

27 "Ignition interlock device" means a device that connects a breath analyzer to a motor vehicle s ignition system, that is constantly available to monitor the concentration by weight of alcohol in the breath of any person attempting to start the motor vehicle by using its ignition system and that deters starting the motor vehicle by use of its ignition system unless the person attempting to start the motor vehicle provides an appropriate breath sample for the device and the device determines that the concentration by weight of alcohol in the person s breath is below a preset level... "License" means any license, temporary instruction permit or temporary license issued under the laws of this state or any other state pertaining to the licensing of persons to operate motor vehicles... "Screening" means a preliminary interview and assessment of an offender to determine if the offender requires alcohol or other drug education or treatment... "Treatment" means a program consisting of at least twenty hours of participation in a group setting dealing with alcohol or other drugs in addition to the sixteen hours of education. Sec.. Title, chapter, article, Arizona Revised Statutes, is amended by adding sections -0 and -0, to read: -0. Driving under the influence abatement council A. The driving under the influence abatement council is established consisting of the following seven members:. The director of the department of public safety or the director s designee.. The assistant director for the motor vehicle division of the department of transportation or the assistant director s designee.. One member who represents the governor s office of community and highway safety and who is appointed by the governor.. Two members of the public who are appointed by the governor.. One member of the public who is appointed by the speaker of the house of representatives.. One member of the public who is appointed by the president of the senate. B. Appointed members serve three year staggered terms. C. The members of the council shall annually elect a chairperson from among its members. A member shall not serve consecutive terms as chairperson. D. Members of the council are not eligible to receive compensation, but members who are appointed pursuant to subsection A, paragraphs, and of this section are eligible for reimbursement of expenses pursuant to title, chapter, article. E. The council may use the staff of the department of public safety and the motor vehicle division of the department of transportation. - -

28 F. The council shall:. Evaluate proposed pilot programs that use emerging technologies to educate, prevent or deter occurrences of driving under the influence.. Make grants from the driving under the influence abatement fund established by section -0 to pilot programs that are described in paragraph of this subsection and that the council deems suitable and oversee the progress of those programs.. Receive reports as prescribed by the council from pilot programs that receive monies pursuant to paragraph of this subsection.. Based on the reports presented pursuant to paragraph of this subsection, either: (a) Make an additional grant and require additional progress reports. (b) Refuse to make any additional grants. (c) Make a recommendation to the legislature that a program be continued indefinitely and that participation in the program be made a condition of sentencing pursuant to sections - and -.. Make grants from the driving under the influence abatement fund established by section -0 to political subdivisions that apply for monies for enforcement purposes and prosecutorial activities related to preventing driving under the influence occurrences. -0. Driving under the influence abatement fund A. The driving under the influence abatement fund is established consisting of monies deposited pursuant to section -, subsection E, paragraph and section -, subsection J, paragraph. B. The driving under the influence abatement council established by section -0 shall administer the fund. C. One-half of the monies deposited in the fund shall be used for grants for pilot programs pursuant to section -0, subsection F, paragraph and one-half of the monies deposited in the fund shall be used for grants to political subdivisions pursuant to section -0, subsection F, paragraph. D. Monies in the fund are:. Continuously appropriated.. Exempt from the provisions of section -0 relating to lapsing of appropriations. E. On notice from the driving under the influence abatement council, the state treasurer shall invest and divest monies in the fund as provided in section -, and monies earned from investments shall be credited to the fund. Sec.. Section -, Arizona Revised Statutes, is amended to read: - -

29 Implied consent; tests; refusal to submit to test; order of suspension; hearing; review; temporary permit; notification of suspension A. A person who operates a motor vehicle in this state gives consent, subject to section -, paragraph, or section -, - or section -, 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 arrested for any offense arising out of acts alleged to have been committed in violation of this chapter or section -, paragraph while the person was driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor or drugs. A person who operates a motor vehicle within this state gives consent to a test or tests of the person s blood, breath, urine or other bodily substance for the purposes of determining alcohol concentration or drug content if the person is involved in a traffic accident resulting in death or serious physical injury as defined in section -0 and a law enforcement officer has probable cause to believe that the person caused the accident or the person is issued a citation for a violation of any provision of this chapter or chapter, articles through of this title. The test or tests chosen by the law enforcement agency shall be administered at the direction of a law enforcement officer having reasonable grounds to believe that either:. The person was driving or in actual physical control of a motor vehicle in this state either: (a) While under the influence of intoxicating liquor or drugs, or. (b) If the person is under twenty-one years of age, with spirituous liquor in the person s body.. The person was involved in a traffic accident resulting in death or serious physical injury as defined in section -0 and the officer had probable cause to believe that the person caused the accident or the person was issued a citation for a violation of any provision of this chapter or chapter, articles through of this title. 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, and if the violator refuses the violator shall be informed that the violator s license or permit to drive will be suspended or denied for twelve months, or for two years for a second or subsequent refusal within a period of sixty months, unless the violator expressly agrees to submit to and successfully completes the test or tests. A failure to expressly agree to the test or successfully complete the test is deemed a refusal. The violator shall also be informed that if the test results show a blood or breath alcohol concentration of 0.0 or more, or if the results show a blood or breath alcohol concentration of 0.0 or more and the violator was driving or in actual physical control of a commercial motor vehicle, the violator s - -

30 license or permit to drive will be suspended or denied for not less than ninety consecutive days. C. A person who is dead, unconscious or otherwise in a condition rendering the person incapable of refusal is deemed not to have withdrawn the consent provided by subsection A of this section and the test or tests may be administered, subject to section -, paragraph, or section - and section, - or -. D. 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:. The test shall not be given, except as provided in section - -, subsection O E or pursuant to a search warrant.. The law enforcement officer directing the administration of the test shall: (a) File a certified report of the refusal with the department. (b) On behalf of the department, serve an order of suspension on the person that is effective fifteen days after the date the order is served. (c) Require the immediate surrender of any license or permit to drive that is issued by this state and that is in the possession or control of the person. (d) If the license or permit is not surrendered, state the reason why it is not surrendered. (e) If a valid license or permit is surrendered, issue a temporary driving permit that is valid for fifteen days. (f) Forward the certified report of refusal, a copy of the completed notice of suspension, a copy of any completed temporary permit and any driver license or permit taken into possession under this section to the department within five days after the issuance of the notice of suspension. E. The certified report is subject to the penalty for perjury as prescribed by section - and shall state all of the following:. The officer s reasonable grounds to believe that either: (a) The arrested person was driving or in actual physical control of a motor vehicle in this state while either: (i) While under the influence of intoxicating liquor or drugs. (ii) If the person is under twenty-one years of age, with spirituous liquor in the person s body. (b) The person was involved in a traffic accident resulting in death or serious physical injury as defined in section -0 and the officer had probable cause to believe that the person caused the accident or the person was issued a citation for a violation of any provision of this chapter or chapter, articles through of this title.. The manner in which the person refused to submit to the test or tests.. That the person was advised of the consequences of refusal

31 F. On receipt of the certified report of refusal and a copy of the order of suspension and on the effective date stated on the order, the department shall enter the order of suspension on its records unless a written request for a hearing as provided in this section has been filed by the accused person. If the department receives only the certified report of refusal, the department shall notify the person named in the report in writing sent by mail that:. Fifteen days after the date of issuance of the notice the department will suspend the person s license or permit, driving privilege or nonresident driving privilege.. The department will provide an opportunity for a hearing if the person requests a hearing in writing and the request is received by the department within fifteen days after the notice is sent. G. The order of suspension issued by a law enforcement officer or the department under this section shall notify the person that:. The person may submit a written request for a hearing.. The request for a hearing must be received by the department within fifteen days after the date of the notice or the order of suspension will become final.. The affected person s license or permit to drive or right to apply for a license or permit or any nonresident operating privilege will be suspended for twelve months from that date or for two years from that date for a second or subsequent refusal within a period of sixty months. H. The order for suspension shall:. Be accompanied by printed forms that are ready to mail to the department and that may be filled out and signed by the person to indicate the person s desire for a hearing.. Advise the person that unless the person has surrendered any driver license or permit issued by this state the person s hearing request will not be accepted, except that the person may certify pursuant to section -0 that the license or permit is lost or destroyed. I. On the receipt of a request for a hearing, the department shall set the hearing within thirty days in the county in which the person named in the report resides unless the law enforcement agency filing the certified report of refusal pursuant to subsection D of this section requests at the time of its filing that the hearing be held in the county where the refusal occurred. 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 license or permit. If the department determines the person is otherwise entitled to the license - -

32 or permit, the department shall issue and retain a license or permit subject to this section. K. Hearings requested under this section shall be conducted in the same manner and under the same conditions as provided in section -0. For the purposes of this section, the scope of the hearing shall include only the issues of whether:. A law enforcement officer had reasonable grounds to believe that either: (a) The person was driving or was in actual physical control of a motor vehicle in this state either: (i) While under the influence of intoxicating liquor or drugs. (ii) If the person is under twenty-one years of age, with spirituous liquor in the person s body. (b) The person was involved in a traffic accident resulting in death or serious physical injury as defined in section -0 and the officer had probable cause to believe that the person caused the accident or the person was issued a citation for a violation of any provision of this chapter or chapter, articles through of this title.. The person was placed under arrest.. The person refused to submit to the test.. The person was informed of the consequences of refusal. 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, except that the department may issue or extend a temporary license that expires on the effective date of the suspension. If the person is a resident without a license or permit or has an expired license or permit to operate a motor vehicle in this state, the department shall deny 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 sixty months. M. If the suspension order is sustained after the hearing, a motion for rehearing is not required. Within thirty days after a suspension order is sustained, the affected person may file a petition in the superior court to review the final order of suspension or denial by the department in the same manner provided in section -. The court shall hear the review of the final order of suspension or denial on an expedited basis. N. If the suspension or determination that there should be a denial of issuance is not sustained, the ruling is not admissible in and has no effect on any administrative, civil or criminal court proceeding. 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 - -

33 suspended, the department shall give information in writing of the action taken to the motor vehicle administrator of the state of the person s residence and of any state in which the person has a license. Sec. 0. Section -, Arizona Revised Statutes, is amended to read: -. Preliminary breath tests; rules on approval of devices A. A law enforcement officer who has reasonable suspicion to believe that a person has committed a violation of section - or - may request that the person submit to a preliminary breath test or tests before an arrest. B. In addition to a breath test or tests, the officer may require that the person submit to further testing pursuant to section -. C. The director of the department of health services shall adopt rules prescribing the approval of quantitative preliminary breath testing devices. Sec.. Section -, Arizona Revised Statutes, is amended to read: -. Driving or actual physical control while under the influence; defenses; trial by jury; presumptions; admissible evidence; sentencing; classification A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.. If the person has an alcohol concentration of 0.0 or more within two hours of driving or being in actual physical control of the vehicle.. While there is any drug defined in section -0 or its metabolite in the person s body.. If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license as defined in section -00 and the person has an alcohol concentration of 0.0 or more. B. It is not a defense to a charge of a violation of subsection A, paragraph of this section that the person is or has been entitled to use the drug under the laws of this state. C. It is an affirmative defense to a charge of a violation of subsection A, paragraph of this section if the person did not have an alcohol concentration of 0.0 or more at the time of driving or of being in actual physical control of a vehicle. If a defendant produces some credible evidence that the defendant s alcohol concentration at the time of driving or being in actual physical control of a vehicle was below 0.0, the state must prove beyond a reasonable doubt that the defendant s alcohol - -

34 concentration was 0.0 or more at the time of driving or being in actual physical control of a vehicle. D. A person using a drug prescribed by a medical practitioner licensed pursuant to title, chapter,, or is not guilty of violating subsection A, paragraph of this section. E. In any prosecution for a violation of this section, the state shall allege, for the purpose of classification and sentencing pursuant to this section -, all prior convictions of violating this section, section - or section - occurring within the past thirty-six months, unless there is an insufficient legal or factual basis to do so. F. At the arraignment, the court shall inform the defendant that the defendant may request a trial by jury and that the request, if made, shall be granted. G. The state shall not dismiss a charge of violating this section for either of the following:. In return for a plea of guilty or no contest to any other offense by the person charged with violating this section.. For the purpose of pursuing any other misdemeanor, petty offense or civil traffic violation, including those arising out of the same event or course of conduct, unless there is an insufficient legal or factual basis to pursue the charge of violating this section. H. In a trial, action or proceeding for a violation of this section or section - other than a trial, action or proceeding involving driving or being in actual physical control of a commercial vehicle, the defendant s alcohol concentration within two hours of the time of driving or being in actual physical control as shown by analysis of the defendant s blood, breath or other bodily substance gives rise to the following presumptions:. If there was at that time 0.0 or less alcohol concentration in the defendant s blood, breath or other bodily substance, it may be presumed that the defendant was not under the influence of intoxicating liquor.. If there was at that time in excess of 0.0 but less than 0.0 alcohol concentration in the defendant s blood, breath or other bodily substance, that fact shall not give rise to a presumption that the defendant was or was not under the influence of intoxicating liquor, but that fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.. If there was at that time 0.0 or more alcohol concentration in the defendant s blood, breath or other bodily substance, it may be presumed that the defendant was under the influence of intoxicating liquor. I. Subsection H of this section does not limit the introduction of any other competent evidence bearing on the question of whether or not the defendant was under the influence of intoxicating liquor. - -

35 J. A statement by the defendant that the defendant was driving a vehicle that was involved in an accident resulting in injury to or death of any person is admissible in any criminal proceeding without further proof of corpus delicti if it is otherwise admissible. K. If blood is drawn under section -, only a physician, a registered nurse or another qualified person may withdraw blood for the purpose of determining the alcohol concentration or drug content in the blood. The qualifications of the individual withdrawing the blood and the method used to withdraw the blood are not foundational prerequisites for the admissibility of a blood alcohol content determination made pursuant to this subsection. L. If a law enforcement officer administers a duplicate breath test and the person tested is given a reasonable opportunity to arrange for an additional test pursuant to subsection M of this section, a sample of the person s breath does not have to be collected or preserved. M. The person tested shall be given a reasonable opportunity to arrange for any physician, registered nurse or other qualified person of the person s own choosing to administer a test or tests in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person does not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer. N. If a person under arrest refuses to submit to a test or tests under section -, whether or not a sample was collected pursuant to subsection O of this section or a search warrant, evidence of refusal is admissible in any civil or criminal action or other proceeding. The issue of refusal is an issue of fact to be determined by the trier of fact in all cases. O. Notwithstanding any other law, if a law enforcement officer has probable cause to believe that a person has violated this section and a sample of blood, urine or other bodily substance is taken from that person for any reason, a portion of that sample sufficient for analysis shall be provided to a law enforcement officer if requested for law enforcement purposes. P. A person who fails to comply with subsection O of this section is guilty of a class misdemeanor. Q. A person who collects blood, urine or any other bodily substance under this section or any hospital, laboratory or clinic employing or utilizing the services of the person does not incur any civil liability as a result of this activity if requested by a law enforcement officer to collect blood, urine or other bodily substances unless the person, while performing the activity, acts with gross negligence. J. A person who is convicted of a violation of this section: - -

36 Shall be sentenced to serve not less than ten consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served.. Shall pay a fine of not less than two hundred fifty dollars.. May be ordered by a court to perform community service. K. Notwithstanding subsection J, paragraph of this section, at the time of sentencing the judge may suspend all but twenty-four consecutive hours of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause to the defendant as to why the remaining jail sentence should not be served. L. If within a period of sixty 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 - or - or an act in another state, a court of the United States or a tribal court that if committed in this state would be a violation of this section, the person:. Shall be sentenced to serve not less than ninety days in jail, thirty 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.. Shall pay a fine of not less than five hundred dollars.. May be ordered by a court to perform community service.. Shall surrender the person s driver license to the court and: (a) The clerk of the court shall invalidate or destroy the driver license and forward the abstract of conviction to the department. (b) On receipt of the abstract of conviction, the department shall revoke the person s driving privilege. M. Notwithstanding subsection L, paragraph of this section, at the time of sentencing, the judge may suspend all but thirty days of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause as to why the remaining jail sentence should not be served. N. In applying the sixty month provision of subsection L 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. O. A second violation for which a conviction occurs as provided in this section shall not include a conviction for an offense arising out of the same series of acts. - -

37 P. A person who is convicted of a violation of this section is guilty of a class misdemeanor. Sec.. Repeal Section -, Arizona Revised Statutes, is repealed. Sec.. Title, chapter, article, Arizona Revised Statutes, is amended by adding a new section -, to read: -. Driving or actual physical control while under the extreme influence of intoxicating liquor; defenses; trial by jury; sentencing; classification 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 of 0. or more within two hours of driving or being in actual physical control of the vehicle. A person who is convicted of a violation of this section is guilty of driving or being in actual physical control of a vehicle while under the extreme influence of intoxicating liquor. B. It is an affirmative defense to a charge of a violation of this section if the person did not have an alcohol concentration of 0. or more at the time of driving or of being in actual physical control of a vehicle. If a defendant produces some credible evidence that the defendant s alcohol concentration at the time of driving or being in actual physical control of a vehicle was below 0., the state must prove beyond a reasonable doubt that the defendant s alcohol concentration was 0. or more at the time of driving or being in actual physical control of a vehicle. C. At the arraignment, the court shall inform the defendant that the defendant may request a trial by jury and that the request, if made, shall be granted. D. The state shall not dismiss a charge of violating this section for either of the following:. In return for a plea of guilty or no contest to any other offense by the person charged with violating this section.. For the purpose of pursuing any other misdemeanor, petty offense or civil traffic violation, including those arising out of the same event or course of conduct, unless there is an insufficient legal or factual basis to pursue the charge of violating this section. E. A person who is convicted of a violation of this section:. Shall be sentenced to serve not less than ninety consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served.. Shall pay a fine of not less than two hundred fifty dollars.. Shall pay an additional fine of two hundred fifty dollars. The court shall not waive this fine or any surcharge associated with this fine. The court shall transmit the monies received pursuant to this paragraph to the county treasurer. The county treasurer shall transmit the monies received to the state treasurer. The state treasurer shall deposit the - -

38 monies received in the driving under the influence abatement fund established by section -0.. May be ordered by a court to perform community service.. Shall be ordered by a court to equip any motor vehicle to be operated by the person with a certified ignition interlock device before the person s driver license is reinstated and the court shall require: (a) The use of the certified ignition interlock device for at least one year after the person s driver license is reinstated. (b) The person to pay the costs for installation and maintenance of the certified ignition interlock device. (c) The person to provide proof to the department of installation of a functioning certified ignition interlock device in each motor vehicle to be operated by the person. (d) The person to provide proof of compliance to the department at least once each calendar quarter. (e) The person to provide proof of inspection of the certified ignition interlock device for accurate operation and the results of the inspection to the department at least once each calendar quarter. F. Notwithstanding subsection E, paragraph of this section, at the time of sentencing the judge may suspend all but thirty days of the sentence if the person completes a court ordered alcohol or other drug screening, education or treatment program. If the person fails to complete the court ordered alcohol or other drug screening, education or treatment program and has not been placed on probation, the court shall issue an order to show cause to the defendant as to why the remaining jail sentence should not be served. G. A person who is convicted of a violation of this section is guilty of a class misdemeanor. Sec.. Section -, Arizona Revised Statutes, is amended to read: -. Aggravated driving or actual physical control while under the influence; surrender of license; violation; classification; definition A. A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does either any of the following:. Commits a violation of section -, section - or this section while the person s driver license or privilege to drive is suspended, canceled, revoked or refused or while a restriction is placed on the person s driver license or privilege to drive as a result of violating section - or - or under section -.. Within a period of sixty months commits: - -

39 (a) A third or subsequent violation of section - or this section or is convicted of a violation of section - or this section and has previously been convicted of any combination of convictions of section -, section - or this section or acts in another state, a court of the United States or a tribal court that if committed in this state would be a violation of section -, section - or this section. (b) A second or subsequent violation of section - or is convicted of a violation of section - and has previously been convicted of a violation of section - or this section or an act in another state, a court of the United States or a tribal court that if committed in this state would be a violation of section -, section - or this section. For the purposes of this paragraph, an order of a juvenile court adjudicating the person delinquent is equivalent to a conviction.. Commits a violation of section - while a person under fifteen years of age is in the vehicle.. Commits a violation of section - while a person under fifteen years of age is in the vehicle. B. The dates of the commission of the offenses are the determining factor in applying the sixty month provision provided in subsection A, paragraph of this section regardless of the sequence in which the offenses were committed. For purposes of this section, a third second or subsequent violation for which a conviction occurs does not include a conviction for an offense arising out of the same series of acts. C. The notice to a person of the suspension, cancellation, revocation or refusal of a driver license or privilege to drive is effective as provided in section - or pursuant to the laws of the state issuing the license. D. A person is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than four months in prison if the person is either convicted under any of the following:. Convicted under Subsection A, paragraph of this section.. Convicted under Subsection A, paragraph, subdivision (a) of this section and within a sixty month period has been convicted of two prior violations of section -, section - or this section, or both any combination of those sections, or acts in another state, a court of the United States or a tribal court that if committed in this state would be a violation of section -, section - or this section.. Subsection A, paragraph, subdivision (b) and within a sixty month period has been convicted of one or two prior violations of section -, section - or this section or an act in another state, a court of the United States or a tribal court that if committed in this state would be a violation of section -, section - or this section. - -

40 E. A person who is convicted under subsection A, paragraph of this section and who within a sixty month period has been convicted of three or more prior violations of section -, section - or this section, or both any combination of those sections, or acts in another state, a court of the United States or a tribal court that if committed in this state would be a violation of section -, section - or this section is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than eight months in prison. F. In addition to any other penalty provided by law, a person who is convicted under subsection A, paragraph of this section shall be sentenced to at least the minimum sentence required pursuant to section - -, except that if a person has been convicted of at least two prior violations of section -, section - or this section, or both any combination of those sections, or convicted of at least two prior acts in another state, a court of the United States or a tribal court that if committed in this state would be violations of section -, section - or this section, or both any combination of those sections, within a sixty month period, the person shall be sentenced to serve at least the minimum sentence required pursuant to this section. G. In addition to any other penalty provided by law, a person who is convicted under subsection A, paragraph of this section shall be sentenced to at least the minimum sentence required pursuant to section -, except that if a person has been convicted of at least one prior violation of section -, section - or this section or convicted of at least one prior act in another state, a court of the United States or a tribal court that if committed in this state would be a violation of section -, section - or this section within a sixty month period, the person shall be sentenced to serve at least the minimum sentence required pursuant to this section. G. H. A person who is convicted of a violation of this section and who is placed on probation shall attend and complete alcohol or other drug screening, education or treatment from an approved facility. If the person fails to comply with this subsection, in addition to the provisions of section -0 the court may order that the person be incarcerated as a term of probation as follows:. For a person sentenced pursuant to subsection D of this section, for an individual period of not more than four months and a total period of not more than one year.. For a person sentenced pursuant to subsection E of this section, for an individual period of not more than eight months and a total period of not more than two years

41 H. I. The time that a person spends in custody pursuant to subsection G H of this section shall not be counted towards the sentence imposed if the person s probation is revoked and the person is sentenced to prison after revocation of probation. I. J. The judge shall order:. The surrender of the person s driver license, and the court clerk shall invalidate or destroy the driver license and forward the abstract of conviction to the department. On receipt of the abstract of conviction, the department shall revoke the driving privilege of the person. and The department shall not issue the person a new driver license within three years of the date of the conviction.. The person to equip any motor vehicle to be operated by the person with a certified ignition interlock device before the person s driver license is reinstated and the judge shall require: (a) The use of the certified ignition interlock device for at least three years after the person s driver license is reinstated. (b) The person to pay the costs for installation and maintenance of the certified ignition interlock device. (c) The person to provide proof to the department of installation of a functioning certified ignition interlock device in each motor vehicle operated by the person. (d) The person to provide proof of compliance to the department at least once each calendar quarter. (e) The person to provide proof of inspection of the certified ignition interlock device for accurate operation and the results of the inspection to the department at least once each calendar quarter.. In addition to any other penalty prescribed by law, the person to pay a fine of two hundred fifty dollars. The court shall not waive this fine or any surcharge associated with this fine. The court shall transmit the monies received pursuant to this paragraph to the county treasurer. The county treasurer shall transmit the monies received to the state treasurer. The state treasurer shall deposit the monies received in the driving under the influence abatement fund established by section -0. J. K. Aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs committed under:. Subsection A, paragraph or of this section is a class felony.. Subsection A, paragraph or of this section is a class felony. K. L. For the purposes of this section, "suspension, cancellation, revocation or refusal" means any suspension, cancellation, revocation or refusal. Sec.. Section -, Arizona Revised Statutes, is amended to read: - -

42 Administrative license suspension for driving under the influence; report; hearing; summary review 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 -, if both of the following occur:. The officer arrests a person for a violation of section -, paragraph, section -, section - or section -.. The person submits to a blood or breath alcohol test permitted by section -, the results of which indicate either: (a) 0.0 or more alcohol concentration in the person s blood or breath. (b) 0.0 or more alcohol concentration in the person s blood or breath if the person was driving or in actual physical control of a commercial motor vehicle. 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:. Information that adequately identifies the arrested person.. 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 -, paragraph, or section - or section -.. A statement that the person was arrested for a violation of section -, paragraph, section -, section - or section -.. A report of the results of the chemical test that was administered. C. The officer shall also serve an order of suspension on the person on behalf of the department. The order of suspension:. Is effective fifteen days after the date it is served.. Shall require the immediate surrender of any license or permit to drive that is issued by this state and that is in the possession or control of the person.. Shall contain information concerning the right to a summary review and hearing, including information concerning the hearing as required by section -, subsections G and H.. Shall be accompanied by printed forms ready to mail to the department that the person may fill out and sign to indicate the person s desire for a hearing.. Shall be entered on the department s records on receipt of the report by the officer and a copy of the order of suspension. D. If the license or permit is not surrendered pursuant to subsection C of this section, the officer shall state the reason for the nonsurrender. If a valid license or permit is surrendered, the officer shall issue a - -

43 temporary driving permit that is valid for fifteen days. The officer shall forward a copy of the completed order of suspension, a copy of any completed temporary permit and any driver license or permit taken into possession under this section to the department within five days after the issuance of the order of suspension along with the report. E. 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. F. Notwithstanding subsections A through E of this section, the department shall suspend the driving privileges of the person described in subsection A of this section for not less than thirty consecutive days and shall restrict the driving privileges of the person for not less than sixty consecutive additional days to travel between the person s place of employment and residence and during specified periods of time while at employment, to travel between the person s place of residence and the person s secondary or postsecondary school, according to the person s employment or educational schedule, or to travel between the person s place of residence and a treatment facility for scheduled appointments if the person:. Did not cause serious physical injury as defined in section -0 to another person during the course of conduct out of which the current action arose.. Has not been convicted of a violation of section -, - or - within sixty 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 sixty month provision.. Has not had the person s privilege to drive suspended pursuant to this section or section - within sixty months of the date of commission of the acts out of which the current action arose. G. If the department receives only the report of the results of the blood or breath alcohol test and the results indicate 0.0 or more alcohol concentration in the person s blood or breath, or show a blood or breath alcohol concentration of 0.0 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 in writing sent by mail that fifteen days after the date of issuance of the notice the department will suspend the person s license or permit, driving privilege or nonresident driving privilege. The notice shall also state that the department will provide an opportunity for a hearing and administrative review if the person requests a hearing or review in writing and the request is received by the department within fifteen days after the notice is sent. H. A timely request for a hearing stays the suspension until a hearing is held, except that the department shall not return any surrendered license - -

44 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 license or permit. If the department determines the person is otherwise entitled to the license or permit, the department shall issue, but retain, the license or permit, subject to this section. All hearings requested under this section shall be conducted in the same manner and under the same conditions as provided in section -0. I. For the purposes of this section, the scope of the hearing shall include only the following issues:. Whether the officer had reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor.. Whether the person was placed under arrest for a violation of section -, paragraph, section -, section - or section -.. Whether a test was taken, the results of which indicated the alcohol concentration in the person s blood or breath at the time the test was administered of either: (a) 0.0 or more. (b) 0.0 or more if the person was driving or in actual physical control of a commercial motor vehicle.. Whether the testing method used was valid and reliable.. Whether the test results were accurately evaluated. J. The results of the blood or breath alcohol test shall be admitted on establishing the requirements in section - or -. K. If the department determines at the hearing to suspend the affected person s privilege to operate a motor vehicle, the suspension provided in this section is effective fifteen days after giving written notice of the suspension, except that the department may issue or extend a temporary license that expires on the effective date of the suspension. If the person is a resident without a license or permit or has an expired license or permit to operate a motor vehicle in this state, the department shall deny the issuance of a license or permit to the person for not less than ninety consecutive days. L. A person may apply for a summary review of an order issued pursuant to this section instead of a hearing at any time before the effective date of the order. The person shall submit the application in writing to any department driver license examining office together with any written explanation as to why the department should not suspend the driving privilege. The agent of the department receiving the notice shall issue to the person an additional driving permit that expires twenty days from the - -

45 date the request is received. The department shall review all reports submitted by the officer and any written explanation submitted by the person and shall determine if the order of suspension should be sustained or cancelled. The department shall not hold a hearing, and the review is not subject to title, chapter. The department shall notify the person of its decision before the temporary driving permit expires. M. If the suspension or determination that there should be a denial of issuance is not sustained after a hearing or review, the ruling is not admissible in and does not have any effect on any civil or criminal court proceeding. N. 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 in writing of the action taken to the motor vehicle administrator of the state of the person s residence and of any state in which the person has a license. Sec.. Section -, Arizona Revised Statutes, is amended to read: -. Operating a motor vehicle, aircraft, watercraft or water skis under the influence; emergency response costs; definitions A. A person who is under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances, who causes an accident that results in an appropriate emergency response and who is convicted of a violation of any of the following sections is liable for the expenses of that emergency response:. Section -, - or -.. Section -, section -0 or section -, subsection C.. Section -. B. The expenses of an emergency response are a charge against the person liable for those expenses pursuant to subsection A, paragraph of this section. The charge is a debt of that person. The public agency, for-profit entity or not-for-profit entity that incurred the expenses may collect the debt proportionally. The person s liability for the expenses of an emergency response shall not exceed one thousand dollars for a single accident. The liability imposed under this section is in addition to and not in limitation of any other liability that may be imposed. C. Any testimony, admission or other statement made by a defendant in a proceeding brought pursuant to this section or any evidence derived from the testimony, admission or statement is not admissible in a criminal proceeding arising out of the same accident. D. As used in this section: - -

46 0. "Expenses of an emergency response" means reasonable costs directly incurred by a public agency, for-profit entity or not-for-profit entity that makes an appropriate emergency response to an accident, including the costs of providing police, fire fighting, rescue and emergency medical services at the scene of an accident and the salaries of the persons who respond to the accident but excluding charges assessed by an ambulance service that is regulated pursuant to title, chapter., article.. "Public agency" means this state and any city, county, municipal corporation, district or other public authority that is located in whole or in part in this state and that provides police, fire fighting, medical or other emergency services. Sec.. Title, chapter, article, Arizona Revised Statutes, is amended by adding sections - and -, to read: - -

47 Prior convictions; alcohol or other drug screening, education and treatment; license suspension; supervised probation; civil liability A. The court shall allow the allegation of a prior conviction or any other pending charge of a violation of section -, - or - or an act in another state, a court of the United States or a tribal court that if committed in this state would be a violation of section -, - or - filed twenty or more days before the date the case is actually tried and may allow the allegation of a prior conviction or any other pending charge of a violation of section -, - or - or an act in another state, a court of the United States or a tribal court that if committed in this state would be a violation of section -, - or - filed at any time before the date the case is actually tried if this state makes available to the defendant when the allegation is filed a copy of any information obtained concerning the prior conviction or other pending charge. Any conviction may be used to enhance another conviction irrespective of the dates on which the offenses occurred within the sixty month provision. B. In addition to any other penalties prescribed by law, the judge shall order a person who is convicted of a violation of section - or - to complete alcohol or other drug screening that is provided by a facility approved by the department of health services or a probation department. If a judge determines that the person requires further alcohol or other drug education or treatment, the person may be required pursuant to court order to obtain alcohol or other drug education or treatment under the court s supervision from an approved facility. The judge may review an education or treatment determination at the request of the state or the defendant or on the judge s initiative. The person shall pay the costs of the screening, education or treatment unless the court waives part or all of the costs. If a person is referred to a screening or treatment facility, the facility shall report to the court whether the person has successfully completed the screening, education or treatment program. C. After a person who is sentenced pursuant to section -, subsection J has served twenty-four consecutive hours in jail or after a person who is sentenced pursuant to section -, subsection L or section -, subsection E has served forty-eight consecutive hours in jail and after the court receives confirmation that the person is employed or is a student, the court, on pronouncement of any jail sentence under this section, may provide in the sentence that the defendant, if the defendant is employed or is a student and can continue the defendant s employment or studies, may continue the employment or studies for not more than twelve hours a day nor more than five days a week. The person shall spend the remaining day, days or parts of days in jail until the sentence is served and shall be allowed - -

48 out of jail only long enough to complete the actual hours of employment or studies. D. Unless the license of a person sentenced under section - or section - has been or is suspended pursuant to section - or -, the department on receipt of the abstract of conviction shall suspend the license of the affected person for not less than ninety consecutive days. E. When the department receives notification that the person meets the criteria provided in section -, subsection F, 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: (a) The person s place of employment and residence and during specified periods of time while at employment. (b) The person s place of residence and the person s secondary or postsecondary school, according to the person s employment or educational schedule. (c) The person s place of residence and a treatment facility for scheduled appointments. (d) The person s place of residence and the office of the person s probation officer for scheduled appointments. F. If a person is placed on probation for violating section -, the probation shall be supervised unless the court finds that supervised probation is not necessary or the court does not have supervisory probation services. G. Any political subdivision processing or using the services of a person ordered to perform community service pursuant to section - or - does not incur any civil liability to the person ordered to perform community service as a result of these activities unless the political subdivision or its agent or employee acts with gross negligence. -. Blood and breath tests; violation; classification; admissible evidence A. If blood is drawn under section -, only a physician, a registered nurse or another qualified person may withdraw blood for the purpose of determining the alcohol concentration or drug content in the blood. The qualifications of the individual withdrawing the blood and the method used to withdraw the blood are not foundational prerequisites for the admissibility of a blood alcohol content determination made pursuant to this subsection. B. If a law enforcement officer administers a duplicate breath test and the person tested is given a reasonable opportunity to arrange for an - -

49 additional breath test pursuant to subsection C of this section, a sample of the person s breath does not have to be collected or preserved. C. The person tested shall be given a reasonable opportunity to arrange for any physician, registered nurse or other qualified person of the person s own choosing to administer a test or tests in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person does not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer. D. If a person under arrest refuses to submit to a test or tests under section -, whether or not a sample was collected pursuant to subsection E of this section or a search warrant, evidence of refusal is admissible in any civil or criminal action or other proceeding. The issue of refusal is an issue of fact to be determined by the trier of fact in all cases. E. Notwithstanding any other law, if a law enforcement officer has probable cause to believe that a person has violated section - and a sample of blood, urine or other bodily substance is taken from that person for any reason, a portion of that sample sufficient for analysis shall be provided to a law enforcement officer if requested for law enforcement purposes. A person who fails to comply with this subsection is guilty of a class misdemeanor. F. A person who collects blood, urine or any other bodily substance under this section or any hospital, laboratory or clinic employing or using the services of the person does not incur any civil liability as a result of this activity if requested by a law enforcement officer to collect blood, urine or other bodily substances unless the person, while performing the activity, acts with gross negligence. G. A statement by the defendant that the defendant was driving a vehicle that was involved in an accident resulting in injury to or death of any person is admissible in any criminal proceeding without further proof of corpus delicti if it is otherwise admissible. Sec.. Section -, Arizona Revised Statutes, is amended to read: -. Driving under the influence; records The court shall maintain and make accessible to the general public all records regarding the disposition of cases in which a person is charged with a violation of section -, - or -. The court shall include in these records an explanation of its reasons for accepting any plea agreement or dismissing any charge of a violation of section -, - or -. Sec.. Section -, Arizona Revised Statutes, is amended to read: -. Minimum security facility - -

50 A. A city, town or county may establish a minimum security facility for the confinement of persons convicted of a violation of section - or -. B. A judge may order a person sentenced pursuant to section - or - to serve the person s sentence in a minimum security facility if one has been established. C. The state department of corrections may enter into an agreement with a county, city or town pursuant to title, chapter, article for the incarceration in a minimum security facility of persons sentenced pursuant to section - or -. Sec. 0. Section -, Arizona Revised Statutes, is amended to read: -. Reimbursement of incarceration costs A. The court may shall order a person who is sentenced to a term of incarceration for a violation of this chapter to reimburse the political subdivision that is responsible for the costs of the person s incarceration for those incarceration costs. B. The court may determine the amount of incarceration costs to be paid based on the following factors:. The per diem per person cost of incarceration incurred by the political subdivision that incarcerates the person.. The person s ability to pay part or all of the incarceration costs. Sec.. Title, chapter, Arizona Revised Statutes, is amended by adding article, to read: Article. Ignition Interlock Devices -. Court ordered use of certified ignition interlock devices A. A court that limits a person s driving privilege pursuant to section - or - shall direct the department not to reinstate the person s driver license until the person has installed a functioning certified ignition interlock device in each motor vehicle operated by the person and has provided proof of installation to the department. B. The department shall make a notation on the driving record of a person whose driving privilege is limited pursuant to section - or - that states that the person shall not operate a motor vehicle unless it is equipped with a certified ignition interlock device. -. Ignition interlock device certification A. After consulting with the director of the department of health services, the assistant director for the motor vehicle division of the department of transportation shall:. Certify ignition interlock devices

51 Publish a list of certified ignition interlock devices that includes information about the manufacturers of the devices and where the devices may be ordered.. Make the list available to the courts and probation departments without charge. B. the assistant director shall adopt rules setting forth the requirements for obtaining certification of an ignition interlock device. The assistant director shall not certify an ignition interlock device unless it meets the requirements specified by the assistant director in rule. the requirements shall include:. Provisions for setting the minimum and maximum calibration range.. Specifications that the ignition interlock device comply with all of the following: (a) It does not impede the safe operation of the motor vehicle. (b) It has features that make circumvention difficult and that do not interfere with the normal use of the motor vehicle. (c) It correlates well with established measures of alcohol impairment. (d) It works accurately and reliably in an unsupervised environment. (e) It is resistant to tampering and shows evidence of tampering if tampering is attempted. (f) It is difficult to circumvent and requires premeditation to circumvent. (g) It minimizes inconvenience to a sober user. (h) It requires a proper, deep-lung breath sample or another accurate measure of the concentration by weight of alcohol in the breath. (i) It operates reliably over the range of motor vehicle environments. (j) It is made by a manufacturer that is covered by product liability insurance. C. The assistant director may adopt, in whole or in part, the guidelines, rules, regulations, studies or independent laboratory tests performed and relied on by other states or agencies or commissions of other states in the certification or approval of ignition interlock devices. D. The assistant director shall adopt a warning label design to be affixed to each certified ignition interlock device on installation. the label shall contain a warning that a person tampering with, circumventing or otherwise misusing the ignition interlock device is guilty of a class misdemeanor. -. Proof of compliance; inspections; suspension A. If a person whose driving privilege is limited pursuant to section - or - does not submit proof to the department as prescribed in section -, subsection E, paragraph, subdivision (d) or (e) or section - -

52 , subsection J, paragraph, subdivision (d) or (e), the department shall immediately suspend the person s driver license for at least one year. B. A person whose driver license is suspended pursuant to this section may submit a written request for a hearing. the written request must be received by the department within fifteen days after the date of the order of suspension. On receipt of a request for a hearing, a hearing shall be held within thirty days. -. Ignition interlock devices; violations; classification; definition A. A person who is sentenced pursuant to section - or - and who is required to operate a motor vehicle owned by the person s employer in the course and scope of the person s employment may operate that motor vehicle without the installation of a certified ignition interlock device if the court has notified the person s employer that the person, in conjunction with the person s sentence, has specific requirements in order to operate a motor vehicle and the nature of the requirements and the person has proof of the employer s notification in the person s possession while operating the employer s motor vehicle for normal business. For the purposes of this subsection, a motor vehicle that is partly or entirely owned or controlled by the person who is sentenced pursuant to section - or - is not a motor vehicle that is owned by an employer. B. Except in cases of a substantial emergency, a person shall not knowingly rent, lease or lend a motor vehicle to a person who is sentenced pursuant to section - or - unless the motor vehicle is equipped with a functioning certified ignition interlock device. C. A person who is sentenced pursuant to section - or - and who rents, leases or borrows a motor vehicle from another person shall notify the person who rents, leases or lends the motor vehicle to the person that the person has specific requirements for the operation of the motor vehicle and the nature of the requirements. D. During any period when a person who is sentenced pursuant to section - or - is required to operate only a motor vehicle that is equipped with a certified ignition interlock device, the person shall not request or permit any other person to breathe into the ignition interlock device or start a motor vehicle equipped with an ignition interlock device for the purpose of providing the person with an operable motor vehicle. E. A person shall not breathe into an ignition interlock device or start a motor vehicle equipped with an ignition interlock device for the purpose of providing an operable motor vehicle to a person who is sentenced pursuant to section - or -. f. An unauthorized person shall not tamper with or circumvent the operation of an ignition interlock device. - -

53 G. Except as provided in subsection A of this section or in cases of substantial emergency, a person who is sentenced pursuant to section - or - shall not operate a motor vehicle without a functioning certified ignition interlock device during the time period prescribed in section - or -. H. A person who violates this section is guilty of a class misdemeanor. I. For the purposes of this subsection, "substantial emergency" means that a person other than the person who is sentenced pursuant to section - or - is not reasonably available to drive in response to an emergency. Sec.. Section -0, Arizona Revised Statutes, is amended to read: -0. Failure to pay civil penalty; suspension of privilege to drive; collection procedure A. A person shall pay all civil penalties within thirty days from entry of judgment, except that if payment within thirty days will place an undue economic burden on a person, the court may extend the time for payment or may provide for installment payments. If the civil penalty is not paid or an installment payment is not made when due, the court may declare the entire civil penalty due and, if so, the court shall notify the department and the department shall promptly suspend the driver license or permit of the driver or the privilege of a nonresident to drive a motor vehicle in this state, until the civil penalty is paid. B. Notwithstanding subsection A of this section, if a civil penalty is paid on entry of judgment, the court may reduce the civil penalty by up to five per cent of the penalty imposed. C. With the approval of the supreme court, the presiding judge of any court may periodically conduct a program aimed at reducing the amount of outstanding fines, penalties and surcharges. Notwithstanding any other law, except a fine ordered as a result of a violation of section - or -, the program may include authorizing up to a fifty per cent reduction in the total amount of a court ordered fine, penalty or surcharge that is due and that is delinquent for at least twelve months followed by an increased enforcement effort for a fine, penalty or surcharge that is not paid. The supreme court shall adopt rules of procedure for the programs. D. If penalties are reduced pursuant to subsection C of this section, associated surcharges and assessments shall be reduced in proportion to the reduction. This subsection does not apply to section -. Sec.. Section -, Arizona Revised Statutes, is amended to read: -. Period of suspension, revocation or disqualification; unlicensed drivers - -

54 A. The department shall not suspend, revoke or disqualify a driver license or privilege to drive a motor vehicle on the public highways for more than one year from the date of a conviction or judgment, if any, against a person for which this chapter makes revocation, suspension or disqualification mandatory or from the date the notice is sent pursuant to section - if no conviction was involved, except as permitted under subsection D of this section and sections -, -, - and -. B. A person whose license or privilege to drive a motor vehicle on the public highways has been revoked may apply for a new license as provided by law after the cause of the revocation is removed or after expiration of the revocation period prescribed by law. After the department investigates an applicant s driving record in this state to determine that all withdrawal actions are complete, that the applicant has not committed any traffic violations within twelve months preceding application and that all other statutory requirements are satisfied, the department may issue a new license. C. If the revocation is related to alcohol or other drugs, the person shall provide the department with a current evaluation from a physician licensed pursuant to title, chapter, or, a psychologist licensed pursuant to title, chapter. or a certified substance abuse counselor as defined in section -00 indicating that, in the opinion of the physician, psychologist or counselor, the condition does not affect or impair the person s ability to safely operate a motor vehicle. For the purposes of reinstating a license or driving privilege pursuant to this article, the department may rely on the opinion of a physician licensed pursuant to title, chapter, or, a psychologist licensed pursuant to title, chapter. or a certified substance abuse counselor as defined in section -00. D. Notwithstanding subsections A and B of this section:. A person whose license or privilege to drive is revoked pursuant to section -, subsection H J or section -0, subsection A, paragraph or is not entitled to have the person s license or privilege renewed or restored for three years.. A person whose license or privilege to drive is revoked pursuant to section -0 is not entitled to have the person s license or privilege renewed or restored for the period of time ordered by the court.. A person who is under eighteen years of age and whose license or privilege to drive is revoked pursuant to section -0, subsection A, paragraph is not entitled to have the person s license or privilege renewed or restored for a period of one year or until the person reaches eighteen years of age, whichever is later. E. Except as provided in section -, if an unlicensed driver commits an offense for which a driver license could be suspended, revoked or - -

55 disqualified, the department shall not accept the unlicensed driver s application for a driver license for a period equal to the period of time that applies to a driver with a license. If the offense is one for which a driver license could be revoked, the department shall not accept the unlicensed driver s application for a driver license unless it investigates the character, habits and driving ability of the person and is satisfied that it is safe to grant the privilege of driving a motor vehicle on the public highways. F. The expiration of a person s license during the period of time it is under suspension, revocation or disqualification does not invalidate or terminate the suspension, revocation or disqualification. G. A person whose license or privilege to drive a motor vehicle on the public highways has been suspended pursuant to section -0, subsection A, paragraph or section - may apply for a new license as provided by law after the cause for suspension is removed or after expiration of the suspension period prescribed by law if both of the following conditions are met:. The department is satisfied, after reviewing the medical condition and driving ability of the person, that it is safe to grant the person the privilege of driving a motor vehicle on the public highways.. If the person has a medical condition related to alcohol or other drugs, the person provides the department with a current evaluation form from a physician licensed pursuant to title, chapter, or, a psychologist licensed pursuant to title, chapter. or a certified substance abuse counselor as defined in section -00 indicating that, in the opinion of the physician, psychologist or counselor, the condition does not affect or impair the person s ability to operate a motor vehicle in a safe manner. Sec.. Section -, Arizona Revised Statutes, is amended to read: -. Action after license suspension, revocation or denial for driving under the influence or refusal of test A. If pursuant to section -, - or - the license of a driver or the driving privilege of a nonresident is suspended or revoked, the department shall not terminate the suspension or revocation until the person provides proof of financial responsibility pursuant to chapter, article of this title. B. If pursuant to section -, - or - an unlicensed resident is denied a license or permit to operate a motor vehicle, the department shall not issue a license or permit until the person provides proof of financial responsibility pursuant to chapter, article of this title. - -

56 C. If a person whose license or driving privilege is suspended or revoked pursuant to section -, - or - is ordered, pursuant to section - or -, to attend alcohol or other drug screening, education or treatment, the department shall not either:. Terminate the suspension until the person provides proof from the treatment facility that the person has completed or is participating satisfactorily in alcohol or other drug screening, education or treatment.. Issue a new license to operate a motor vehicle after the revocation until the person provides proof from the facility that the person has completed the court ordered program. Sec.. Section -0, Arizona Revised Statutes, is amended to read: -0. Suspension of license for persons under eighteen years of age; notice; definition A. In addition to the grounds for mandatory revocation provided for in chapters, and of this title, the department shall immediately suspend the driver license or privilege to drive or refuse to issue a driver license or privilege to drive of a person who is under eighteen years of age as follows:. For a period of two years on receiving the record of the person s conviction for a violation of section -, paragraph, section -, section - or section -.. Until the person s eighteenth birthday on receiving the record of the person s conviction for a violation of section -0, subsection A, paragraph involving the damage or disfigurement of property by graffiti.. Until the person s eighteenth birthday on receiving the record of the person s conviction of criminal damage pursuant to section -0, subsection A, paragraph or a violation of a city or town ordinance that prohibits the type of criminal action prescribed in section -0, subsection A, paragraph.. Until the person s eighteenth birthday on receiving the record of the person s conviction for a violation of any statute or ordinance involving the purchase or possession of materials used for graffiti.. Until the person s eighteenth birthday on receiving the record of the person s conviction for a violation of any provision of title, chapter.. Until the person s eighteenth birthday or for a period of two years on receiving the record of the person s conviction for a second or subsequent violation of section -, paragraph, if ordered by the court.. Until the person s eighteenth birthday on receiving the record of the person s conviction of theft of a motor vehicle pursuant to section -0 or unlawful use of means of transportation pursuant to section

57 B. If ordered by the court, the department shall restrict the person s privilege to drive between the person s home, school and place of employment during specified periods of time according to the person s school and employment schedule. C. For the purposes of this section, "conviction" means a final conviction or judgment, including an order of the juvenile court finding that a juvenile violated any provision of this title or committed a delinquent act that if committed by an adult would constitute a criminal offense. Sec.. Section -, Arizona Revised Statutes, is amended to read: -. Driving violations; classification A. Except as provided in subsection B or C of this section, a person who drives a motor vehicle on a public highway when the person s privilege to drive a motor vehicle is suspended, revoked, canceled or refused or when the person is disqualified from driving is guilty of a class misdemeanor. B. A person who drives a motor vehicle on a public highway when the person s privilege to drive a motor vehicle is restricted, suspended, revoked, disqualified, canceled or refused for a violation of section -, - or -, under section - or as a result of a conviction for an act in another state that if committed in this state is a violation of section -, - or - is guilty of a class misdemeanor and shall be sentenced to serve at least forty-eight consecutive hours in jail. A judge shall not grant probation, pardon, commutation or suspension of sentence or release on any basis other than on the condition that the person serve at least forty-eight consecutive hours in jail. C. A person who drives a motor vehicle on a public highway when the person s privilege to do so is suspended pursuant to either section -0 or -0 is guilty of a class misdemeanor. For a first conviction under this subsection, the court shall impose a fine of at least three hundred dollars, except that on proper evidence of payment of a civil penalty imposed by the court for the original civil violation that resulted in the suspension, the court shall impose a fine of at least fifty dollars. For a second or subsequent conviction under this subsection within one year after the date of the first conviction, the court shall impose a fine of at least five hundred dollars. A judge shall not grant probation to or suspend any part or all of the imposition or execution of a sentence required by this subsection, except on the condition that the person pay not less than the stated fine. A judge shall not dismiss an action brought under this subsection only because the defendant has paid the civil penalty that resulted in the suspension. D. Except for a suspension pursuant to section -0 or -0, on receipt of a record of the conviction of a person under this section, the department shall: - -

58 Extend the period of the suspension for an additional like period but not more than one year from the date the person would otherwise be entitled to apply for a new license if the conviction was for a charge of driving a vehicle while the driver license privilege of the person was suspended.. Not issue a new license for an additional period of one year from and after the date the person otherwise would have been entitled to apply for a new license if the conviction was for a charge of driving while the driver license privilege was revoked. E. If the department receives a record of the conviction of a person on a charge of driving a commercial motor vehicle while the person was disqualified from driving a commercial motor vehicle, the department shall promptly extend the period of the disqualification for not more than one year from the date the person would otherwise have been eligible to apply for a new commercial driver license as defined in section -00. F. If the department receives a record of the conviction of a person on a charge of driving a motor vehicle while the person s driver license privilege was cancelled, the department shall promptly suspend the person s driver license privilege for a period of not less than:. Three months for the first conviction.. Six months for a second or subsequent conviction. Sec.. Section -, Arizona Revised Statutes, is amended to read: -. Implied consent; immunity A. A person who operates or is in actual physical control of an aircraft in the air or on the ground or water gives consent to a test or tests of the person s blood, breath or urine to determine the alcoholic content of the person s blood if arrested for operating or being in actual physical control of an aircraft while under the influence of intoxicating liquor. The test shall be given in the same manner as prescribed in sections -, -, -, - and - -. B. If a person under arrest refuses to submit to a test designated by the law enforcement agency, the test shall not be given. The refusal to submit to the test is admissible in evidence in a prosecution for a violation of section -, subsection A or C. The law enforcement agency shall report the person s refusal to submit to the test to the federal aviation administration for appropriate administrative action. C. A person qualified to withdraw blood or take a urine specimen under this section or any hospital, laboratory or clinic employing or utilizing the services of the person is not civilly liable as a result of these activities, if a law enforcement officer requests the withdrawal of blood or the taking of urine specimens, unless the person is guilty of gross negligence while performing the activities. - -

59 Sec.. Section -, Arizona Revised Statutes, is amended to read: -. Alcohol abuse treatment fund A. The alcohol abuse treatment fund is established. B. Notwithstanding section -, the director of the state department of corrections shall deposit in the fund sixty-seven per cent of the monies earned by persons sentenced to the department pursuant to section -, - or - for work performed. The director shall deposit the remaining thirty-three per cent of the monies in the wage earning prisoner s spendable account. C. Monies in the alcohol abuse treatment fund are appropriated to the department, and the director shall use the fund monies to provide alcohol abuse treatment and rehabilitation services to persons sentenced to the department pursuant to section -, - or - and to reduce the calculated cost of the per diem rate for treatment and rehabilitation services that are provided by a private prison authorized pursuant to section -0. D. Monies in the alcohol abuse treatment fund are exempt from section -0 relating to lapsing of appropriations. Sec.. Section -00, Arizona Revised Statutes, as amended by Laws, chapter, section and chapter 0, section, is amended to read: -00. Alcohol and other drug screening, education or treatment fund; purpose; administration A. The alcohol and other drug screening, education or treatment fund is established. The alcohol and other drug screening, education or treatment fund shall consist of monies collected pursuant to section -.0 and distributed pursuant to section -.0. B. Subject to legislative appropriation, the director of the department shall administer the fund and may expend monies in the fund for administration of the fund and for alcohol and other drug screening, education or treatment for persons who have been ordered by the court to attend pursuant to sections -.0, -, -, - and - and who do not have sufficient financial ability to pay. C. Monies in the alcohol and other drug screening, education or treatment fund are exempt from the provisions of section -0 relating to lapsing appropriations. Sec. 0. Section -00, Arizona Revised Statutes, as amended by Laws, chapter, section and chapter 0, section, is amended to read: -00. Department of health services monitoring of screening, education and treatment programs A. The department of health services shall monitor the alcohol and other drug screening, education or treatment programs and facilities that are used pursuant to sections -.0, -, -, - and -. B. The department of health services shall: - -

60 0 0. Adopt rules establishing the standards for approval of alcohol and other drug screening, education and treatment facilities.. Approve alcohol and other drug screening, education and treatment facilities.. Adopt rules establishing the standards for referrals to alcohol and other drug screening, education and treatment facilities.. Establish a standardized screening assessment.. Establish reporting and record keeping requirements for alcohol and other drug screening, education and treatment facilities. Sec.. Initial terms of members of the driving under the influence advisory council A. Notwithstanding section -0, Arizona Revised Statutes, as added by this act, the initial terms of members who are appointed pursuant to section -0, subsection A, paragraphs, and, Arizona Revised Statutes, are:. One term ending December,.. One term ending December, Two terms ending December, 00. B. The appointing authority shall make all subsequent appointments as prescribed by statute. Sec.. Short title This act shall be known as and may be cited as "Loper s Law". Sec.. Effective date This act is effective from and after November 0,