Legislative Updates

TRAFFIC, DRUG AND ALCOHOL LEGISLATIVE UPDATES

NOTE:  These summaries do not replace reading the actual statute.

HB 2143: Selling Spirituous Liquor

(Effective July 29, 2010)  

Amends ARS § 4-244 by removing the restriction on selling spirituous liquor between 2 a.m. and 10 a.m. on Sundays. Accordingly, it will be legal 7 days a week to sell spirituous liquor beginning at 6 a.m.

A copy of HB 2143 is available online at http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/2r/laws/0224.htm.

HB 2534: Traffic Complaints; Social Security Numbers

(Effective July 29, 2010)  

Prohibits a traffic complaint from including a person’s social security number, except for those complaints retained by law enforcement and the courts.

A copy of HB 2534 is available online at http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/2r/laws/0155.htm.

HB 2536: License Plate Obstruction; Wheelchair Holders

(Effective July 29, 2010)  

Amends ARS § 28-2354 to require a person who has a wheelchair holder on the back of his/her vehicle that obstructs the license plate, to attach a second visible plate to the wheelchair holder.

A copy of HB 2536 is available online at http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/2r/laws/0104.htm.

SB 1023: Motor Vehicle Accidents; Death; Injury

(Effective July 29, 2010)  

Adds additional civil traffic violations to ARS §§ 28-672, 28-675, 28-678 for causing serious physical injury or death;

1. ARS § 28-729 (unsafe lane change),

2. ARS § 28-771 (failing to yield right of way at intersection),

3. ARS § 28-773 (failing to yield right of way at entrance of highway).

A copy of SB 1023 is available online at http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/2r/laws/0159.htm.

SB 1030: Driver License Violations; Suspensions

(Effective December 31, 2010)   

This bill rewrites ARS § 28-3473, driving on a suspended license. The law no longer makes a distinction between A, B, and C suspensions.  All suspension violations will fall under subsection (A).

The bill removes all mandatory minimum sentences for a violation of this law.

Additionally, as long as the suspension is not for civil fines or failure to appear suspensions, a person can receive a restricted driver license if the following requirements are met:

1. All requirements of the sentence have been completed.
2. All other suspension periods required by other statutes have been completed.
3. The reinstatement fee has been paid.

A copy of SB 1030 is available online at http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/2r/laws/0185.htm.

SB 1067: Motor Vehicles; Image Display Devices

(Effective July 29, 2010)  

Expands the ban against driving with a television in the front seat found in ARS § 28-963 to any broadcast image or visual image from an image display device.  Clarifies that navigation and similar devices do not create a violation under the statute and that the statute does not apply to emergency vehicles. 

A copy of SB 1067 is available online at http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/2r/laws/0141.htm.

SB 1137: Department of Transportation; Vehicle Right-of-Way

(Effective July 29, 2010)  

Rewrites ARS § 28-773 (intersection entrance) by removing subsection (A).  The statute no longer has an (A) and (B) designation. 

A copy of SB 1137 is available online at http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/2r/laws/0202.htm.

SB 1144: Drug Offenses; Definitions

(Effective July 29, 2010)  

Adds three drugs to the list under ARS § 13-3401 [(Trifluoromethylphenylpiperazine (TFNPP), Benzylpiperazine (BZP) and Cathinone.]  

Expands the definition of “vapor releasing toxic substance” to include almost anything a person might choose to inhale which would impair their ability to drive.

A copy of SB 1144 is available online at http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/2r/laws/0203.htm.

SB 1189: Admissibility of Expert Opinion Testimony (Daubert Statute)

(Effective July 29, 2010)  

Specifies that in a civil or criminal action, only a qualified witness may offer expert testimony regarding scientific, technical or other specialized knowledge and the testimony is admissible if the court determines that all of the following apply:

1.  The witness is qualified to offer an opinion as an expert on the subject matter based on knowledge, skill, experience, training or education.
2. The opinion will assist the trier of fact in understanding the evidence or determining a fact in issue,
3. The opinion is based on sufficient facts and data, and
4. The opinion is the product of reliable principles and methods.
5. The witness reliably applies the principles and methods to the facts of the case.

Requires the court to consider the following factors, if applicable, in determining whether the expert testimony is admissible pursuant to the provisions noted above:

1. Whether the expert opinion and its basis have been or can be tested  
2. Whether the opinion and its basis have been subject to peer reviewed publications.
3. The known or potential rate of error of the expert opinion and its basis.
4. The degree to which the expert opinion and its basis are generally accepted in the scientific community.

NOTE:  this applies to much more evidence and many more witnesses than the former standard did.  It may apply to officer testimony that discusses scientific, technical or other specialized knowledge. 

A copy of SB 1189 is available online at http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/2r/laws/0302.htm.