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AZ SB1054
Bill
Status
2/16/2017
Primary Sponsor
Judy Burges
Click for details
AI Summary
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Amends Arizona law to require (rather than request) persons involved in fatal traffic accidents to submit to blood, breath, urine, or other bodily substance tests to determine alcohol concentration or drug content when a law enforcement officer has probable cause to believe the person caused the accident.
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Applies the mandatory testing requirement to persons involved in traffic accidents resulting in death, expanding the previous requirement that only applied to accidents resulting in serious physical injury.
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Maintains existing penalties for test refusal, including 12-month license suspension (or 2 years for second or subsequent refusal within 84 months), and provides for immediate license surrender with a temporary 15-day permit.
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Allows testing to proceed without consent if the person is dead, unconscious, or incapable of refusal, or pursuant to a search warrant as specified in existing law.
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Specifies that hearing procedures under section 28-1321 apply to any test refusal, including consideration of whether the officer had probable cause to believe the person was involved in a fatal accident and caused it.
Legislative Description
Traffic accidents; fatality; implied consent
Transportation
Last Action
House read second time
2/23/2017