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Old 02-14-07, 07:32 PM   #1
wheel
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Pending Legislation AZ USA related to death and injury?

Any thoughts on this????


AMENDING SECTION 28-672, ARIZONA REVISED STATUTES, AS AMENDED BY LAWS 2006, CHAPTER 297, SECTION 1; AMENDING SECTIONS 28-675 AND 28-676, ARIZONA REVISED STATUTES; RELATING TO VEHICLE ACCIDENTS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
- i -

1 Be it enacted by the Legislature of the State of Arizona:
2 Section 1. Section 28-672, Arizona Revised Statutes, as amended by
3 Laws 2006, chapter 297, section 1, is amended to read:
4 28-672.
5 violation; classification; penalties
6 A. A person is guilty of causing serious physical injury or death by a
7 moving violation if the person violates any one of the following and the
8 violation results in an accident causing serious physical injury as defined
9 in section 13-105 or death to another person:
10 1. Section 28-645, subsection A, paragraph 3, subdivision (a).
11 2. SECTION 28-735.
12 2. 3. Section 28-772.
13 3. 4. Section 28-792.
14 4. 5. Section 28-794.
15 5. 6. Section 28-797, subsection E or G.
16 6. 7. Section 28-812.
17 8. Section 28-815, subsection A, paragraph 4, and subsections C and D
18 9. Section 28-855, subsection B.
19 B. A person who violates this section shall attend and successfully
20 complete traffic survival school training and educational sessions that are
21 designed to improve the safety and habits of drivers and that are approved by
22 the department. In addition, the court may order the person to perform
23 community restitution.
24 C. The court shall report a conviction for a violation of this section
25 to the department and may direct the department to suspend the person's
26 driving privilege for not more than ninety days if the violation results in
27 serious physical injury as defined in section 13-105 and not more than one
28 hundred eighty days if the violation results in death.
29 D. If a person's driving privilege is suspended pursuant to any other
30 statute because of an incident involving a violation of this section, the
31 suspension period prescribed in subsection C of this section shall run
32 concurrently with the other suspension period.
33 E. If a person fails to successfully complete traffic survival school
34 training and educational sessions or perform community restitution pursuant
35 to this section, the court shall notify the department and the department
36 shall promptly suspend the driver license or permit of the driver or the
37 privilege of a nonresident to drive a motor vehicle in this state until the
38 order is satisfied.
39 F. If the person who suffers serious physical injury as a result of a
40 violation of this section appears before the court in which the action is
41 pending at any time before trial and acknowledges receipt of satisfaction for
42 the injury, on payment of the costs incurred, the court shall order that the
43 prosecution be dismissed and the defendant be discharged. The reasons for
44 the order shall be set forth and entered of record, and the order shall be a
45 bar to another prosecution for the same offense.
46 G. Restitution awarded pursuant to section 13-603 as a result of a
47 violation of this section shall not exceed ten thousand dollars.

- 1 -
1 H. A person who violates this section is guilty of a class 3
2 misdemeanor, except that if the violation results in the death of another
3 person the maximum fine for the person shall be one thousand dollars.
4 Sec. 2. Section 28-675, Arizona Revised Statutes, is amended to read:
5 28-675. Causing death by use of a vehicle; classification
6 A. A person is guilty of causing death by use of a vehicle if all of
7 the following apply:
8 1. The person is not allowed to operate a motor vehicle pursuant to
9 subsection B of this section.
10 2. While operating a motor vehicle, the person causes the death of
11 another person.
12 3. The person commits a violation of any of the following:
13 (a) Section 28-645, subsection A, paragraph 3, subdivision (a).
14 (b) SECTION 28-735.
15 (b) (c) Section 28-772.
16 (c) (d) Section 28-792.
17 (d) (e) Section 28-794.
18 (e) (f) Section 28-797, subsection E or G.
19 (f) (g). Section 28-812.
20 (h). Section 28-815, subsection A, paragraph 4, and subsections C and D
21 (i) Section 28-855, subsection B.
22 B. For the purposes of this section, a person shall not operate a
23 motor vehicle if any of the following applies:
24 1. The person's driving privilege is revoked for any reason.
25 2. The person's driving privilege is suspended for any reason pursuant
26 to chapter 4, article 3 of this title.
27 3. The person's driving privilege is suspended pursuant to section
28 28-1321.
29 4. The person's driving privilege is suspended pursuant to the
30 department's action based on a previous conviction for a violation of section
31 28-3473.
32 5. The person's driving privilege is suspended pursuant to section
33 28-3306, subsection A, paragraph 3.
34 6. The person does one of the following to obtain a driver license:
35 (a) Knowingly uses a false or fictitious name.
36 (b) Knowingly makes a false statement.
37 (c) Knowingly conceals a material fact.
38 (d) Commits fraud.
39 (e) Violates section 28-3479.
40 C. Causing death by use of a vehicle is a class 4 felony.
41 Sec. 3. Section 28-676, Arizona Revised Statutes, is amended to read:
42 28-676. Causing serious physical injury by use of a vehicle;
43 classification
44 A. A person is guilty of causing serious physical injury by use of a
45 vehicle if all of the following apply:
46 1. The person is not allowed to operate a motor vehicle pursuant to
47 subsection B of this section.

- 2 -
1 2. While operating a motor vehicle, the person causes serious physical
2 injury, as defined in section 13-105, to another person.
3 3. The person commits a violation of any of the following:
4 (a) Section 28-645, subsection A, paragraph 3, subdivision (a).
5 (b) SECTION 28-735.
6 (b) (c) Section 28-772.
7 (c) (d) Section 28-792.
8 (d) (e) Section 28-794.
9 (e) (f) Section 28-797, subsection E or G.
10 (f) (g) Section 28-812
11 (h) Section 28-815, subsection A, paragraph 4, and subsections C and D
12 (i) Section 28-855, subsection B.
13 B. For the purposes of this section, a person shall not operate a
14 motor vehicle if any of the following applies:
15 1. The person's driving privilege is revoked for any reason.
16 2. The person's driving privilege is suspended for any reason pursuant
17 to chapter 4, article 3 of this title.
18 3. The person's driving privilege is suspended pursuant to section
19 28-1321.
20 4. The person's driving privilege is suspended pursuant to the
21 department's action based on a previous conviction for a violation of section
22 28-3473.
23 5. The person's driving privilege is suspended pursuant to section
24 28-3306, subsection A, paragraph 3.
25 6. The person does one of the following to obtain a driver license:
26 (a) Knowingly uses a false or fictitious name.
27 (b) Knowingly makes a false statement.
28 (c) Knowingly conceals a material fact.
29 (d) Commits fraud.
30 (e) Violates section 28-3479.
31 C. Causing serious physical injury by use of a vehicle is a class 5
32 felony.
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Old 02-14-07, 10:30 PM   #2
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tl;dr. In english?
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Old 02-14-07, 10:46 PM   #3
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Not more than 180 days suspension if they kill somebody? Maximum fine of $1000?


Wow.
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Old 02-15-07, 01:11 AM   #4
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Quote:
Originally Posted by feba
tl;dr. In english?
H. A person who violates this section is guilty of a class 3
2 misdemeanor, except that if the violation results in the death of another
3 person the maximum fine for the person shall be one thousand dollars.

Yea what does this mean?
Class 3 what does that mean?

I would like too see DUI/distraction sentence laws to be harsher.
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Old 02-15-07, 09:39 AM   #5
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Quote:
Originally Posted by wheel
I would like too see DUI/distraction sentence laws to be harsher.
Check out p.6
http://www.sportsfun.com/gaba/tailwi...lwindTimes.pdf
and
http://azbikelaw.org/carlaw/homicide.html


Al
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Old 02-15-07, 10:23 AM   #6
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Quote:
Originally Posted by noisebeam
FTA:
4. CRACK DOWN ON UNLICENSED DRIVERS. Those who drive without a valid license ought to lose their vehicle. When these
drivers commit other traffic violations, the vehicles should be impounded and in the most serious cases confiscated.”


I was beginning to feel like I was the only one who felt that way. Think about it: When a person is convicted of theft, the police seize the stolen property. When a person is convicted of assault with a weapon, the police seize the weapon. When a person is convicted of operating a vehicle w/o a license, the police write them a ticket, and they're told not to do it again.
Taking away a laminated card doesn't stop someone from driving, it just stops them from doing it legally. It's like taking away my college degree and telling me to quit being smart. It just doesn't work.
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Old 02-15-07, 10:23 AM   #7
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more:
http://cazbike.com/webapps/Portals/0...28-672memo.pdf
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Old 02-15-07, 11:23 AM   #8
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20 million uninsured, unlicensed, illegal immigrants can't be wrong!
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Old 02-16-07, 10:05 AM   #9
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Thanks Al that helped out a lot.
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Old 02-16-07, 10:55 AM   #10
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Quote:
Originally Posted by noisebeam
So a human life is worth $1000. Same as in California... of course the fine for littering is also $1000. Go figure.

Quote:
If a collision results and the cyclist was not in the “lane” or “path” at the time, and such was present and rideable, then the fine goes to $0.00.
I wonder who determines if the lane or path was "rideable?" Someone with cycling experience, or a car driver?

The problem with many of these "judgements" and LEO investigations is that the are done from a motorist point of view.
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Old 02-16-07, 11:42 AM   #11
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I wonder who determines if the lane or path was "rideable?" Someone with cycling experience, or a car driver?

The problem with many of these "judgements" and LEO investigations is that the are done from a motorist point of view.
I think removal of the 'bike lane present' exception is a higher priority than increasing penalty. It widens the disparity in law of hitting a cyclist in BL vs. one that is riding outside of one. Also there are far too many times when a cyclist should be riding outside a BL even when a passable one is present.

Al
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Old 02-16-07, 02:00 PM   #12
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Quote:
Originally Posted by noisebeam
I think removal of the 'bike lane present' exception is a higher priority than increasing penalty. It widens the disparity in law of hitting a cyclist in BL vs. one that is riding outside of one. Also there are far too many times when a cyclist should be riding outside a BL even when a passable one is present.

Al

Yea I hope they do.
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Old 02-16-07, 06:50 PM   #13
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Quote:
Originally Posted by noisebeam
I think removal of the 'bike lane present' exception is a higher priority than increasing penalty. It widens the disparity in law of hitting a cyclist in BL vs. one that is riding outside of one. Also there are far too many times when a cyclist should be riding outside a BL even when a passable one is present.

Al
I tend to agree... but the punitive value of the penalty might make one stop and think.

A $1000 fine for throwing out a soda can can make one stop and think. A $10,000 fine for hitting a cyclist might just do the same. Personally I think people have more value than soda cans. This needs to be illustrated by the punitive value imposed.
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