11
A.||Except as provided in subsection B or C of this section, a person 12
who drives a motor vehicle on a public highway when the person’s privilege 13
to drive a motor vehicle is suspended, revoked, canceled or refused or when 14
the person is disqualified from driving is guilty of a class 1 misdemeanor. 15
B.||A person who drives a motor vehicle on a public highway when the 16
person’s privilege to drive a motor vehicle is restricted, suspended, 17
revoked, disqualified, canceled or refused for a violation of section 18
28-1381, 28-1382 or 28-1383, under section 28-1385 or as a result of a 19
conviction for an act in another state that if committed in this state is a 20
violation of section 28-1381, 28-1382 or 28-1383 is guilty of a class 1 21
misdemeanor and shall be sentenced to serve at least forty-eight consecutive 22
hours in jail. A judge shall not grant probation, pardon, commutation or 23
suspension of sentence or release on any basis other than on the condition 24
that the person serve at least forty-eight consecutive hours in jail. 25
C.||A person who drives a motor vehicle on a public highway when the 26
person’s privilege to do so is suspended pursuant to either section 28-1601 27
or 28-3308 is guilty of a class 1 misdemeanor. For a first conviction under 28
this subsection, the court shall impose a fine of at least three hundred 29
dollars, except that on proper evidence of payment of a civil penalty imposed 30
by the court for the original civil violation that resulted in the 31
suspension, the court shall impose a fine of at least fifty dollars. For a 32
second or subsequent conviction under this subsection within one year after 33
the date of the first conviction, the court shall impose a fine of at least 34
five hundred dollars. A judge shall not grant probation to or suspend any 35
part or all of the imposition or execution of a sentence required by this 36
subsection, except on the condition that the person pay not less than the 37
stated fine. A judge shall not dismiss an action brought under this 38
subsection only because the defendant has paid the civil penalty that 39
resulted in the suspension. 40
D.||Except for a suspension pursuant to section 28-1601 or 28-3308, on 41
receipt of a record of the conviction of a person under this section, the 42
department shall: 43
1.||Extend the period of the suspension for an additional like period 1
but not more than one year from the date the person would otherwise be 2
entitled to apply for a new license if the conviction was for a charge of 3
driving a vehicle while the driver license privilege of the person was 4
suspended. 5
2.||Not issue a new license for an additional period of one year from 6
and after the date the person otherwise would have been entitled to apply for 7
a new license if the conviction was for a charge of driving while the driver 8
license privilege was revoked. 9
E.||If the department receives a record of the conviction of a person 10
on a charge of driving a commercial motor vehicle while the person was 11
disqualified from driving a commercial motor vehicle, the department shall 12
promptly extend the period of the disqualification for not more than one year 13
from the date the person would otherwise have been eligible to apply for a 14
new commercial driver license as defined in section 28-3001. 15
F.||If the department receives a record of the conviction of a person 16
on a charge of driving a motor vehicle while the person’s driver license 17
privilege was cancelled, the department shall promptly suspend the person’s 18
driver license privilege for a period of not less than: 19
1.||Three months for the first conviction. 20
2.||Six months for a second or subsequent conviction. 21
Sec.|37.||Section 28-8283, Arizona Revised Statutes, is amended to 22
read: 23
28-8283.||Implied consent; immunity 24
A.||A person who operates or is in actual physical control of an 25
aircraft in the air or on the ground or water gives consent to a test or 26
tests of the person’s blood, breath or urine to determine the alcoholic 27
content of the person’s blood if arrested for operating or being in actual 28
physical control of an aircraft while under the influence of intoxicating 29
liquor. The test shall be given in the same manner as prescribed in sections 30
28-1321, 28-1323, 28-1324, 28-1325 and 28-1381 28-1388. 31
B.||If a person under arrest refuses to submit to a test designated by 32
the law enforcement agency, the test shall not be given. The refusal to 33
submit to the test is admissible in evidence in a prosecution for a violation 34
of section 28-8282, subsection A or C. The law enforcement agency shall 35
report the person’s refusal to submit to the test to the federal aviation 36
administration for appropriate administrative action. 37
C.||A person qualified to withdraw blood or take a urine specimen under 38
this section or any hospital, laboratory or clinic employing or utilizing the 39
services of the person is not civilly liable as a result of these activities, 40
if a law enforcement officer requests the withdrawal of blood or the taking 41
of urine specimens, unless the person is guilty of gross negligence while 42
performing the activities. 43
Sec.|38.||Section 31-255, Arizona Revised Statutes, is amended to read: 1
31-255.||Alcohol abuse treatment fund 2
A.||The alcohol abuse treatment fund is established. 3
B.||Notwithstanding section 31-254, the director of the state 4
department of corrections shall deposit in the fund sixty-seven per cent of 5
the monies earned by persons sentenced to the department pursuant to section 6
28-1381, 28-1382 or 28-1383 for work performed. The director shall deposit 7
the remaining thirty-three per cent of the monies in the wage earning 8
prisoner’s spendable account. 9
C.||Monies in the alcohol abuse treatment fund are appropriated to the 10
department, and the director shall use the fund monies to provide alcohol 11
abuse treatment and rehabilitation services to persons sentenced to the 12
department pursuant to section 28-1381, 28-1382 or 28-1383 and to reduce the 13
calculated cost of the per diem rate for treatment and rehabilitation 14
services that are provided by a private prison authorized pursuant to section 15
41-1609. 16
D.||Monies in the alcohol abuse treatment fund are exempt from section 17
35-190 relating to lapsing of appropriations. 18
Sec.|39.||Section 36-2005, Arizona Revised Statutes, as amended by Laws 19
1997, chapter 1, section 422 and chapter 220, section 85, is amended to read: 20
36-2005.||Alcohol and other drug screening, education or 21
treatment fund; purpose; administration 22
A.||The alcohol and other drug screening, education or treatment fund 23
is established. The alcohol and other drug screening, education or treatment 24
fund shall consist of monies collected pursuant to section 12-116.02 and 25
distributed pursuant to section 36-2219.01. 26
B.||Subject to legislative appropriation, the director of the 27
department shall administer the fund and may expend monies in the fund for 28
administration of the fund and for alcohol and other drug screening, 29
education or treatment for persons who have been ordered by the court to 30
attend pursuant to sections 5-395.01, 8-249, 28-1381, 28-1382 and 28-1383 and 31
who do not have sufficient financial ability to pay. 32
C.||Monies in the alcohol and other drug screening, education or 33
treatment fund are exempt from the provisions of section 35-190 relating to 34
lapsing appropriations. 35
Sec.|40.||Section 36-2006, Arizona Revised Statutes, as amended by Laws 36
1997, chapter 1, section 423 and chapter 220, section 86, is amended to read: 37
36-2006.||Department of health services monitoring of screening, 38
education and treatment programs 39
A.||The department of health services shall monitor the alcohol and 40
other drug screening, education or treatment programs and facilities that 41
are used pursuant to sections 5-395.01, 8-249, 28-1381, 28-1382 and 28-1383. 42
B.||The department of health services shall: 43
1.||Adopt rules establishing the standards for approval of alcohol and 1
other drug screening, education and treatment facilities. 2
2.||Approve alcohol and other drug screening, education and treatment 3
facilities. 4
3.||Adopt rules establishing the standards for referrals to alcohol and 5
other drug screening, education and treatment facilities. 6
4.||Establish a standardized screening assessment. 7
5.||Establish reporting and record keeping requirements for alcohol and 8
other drug screening, education and treatment facilities. 9
Sec.|41.||Initial terms of members of the driving under the 10
influence advisory council 11
A.||Notwithstanding section 28-1303, Arizona Revised Statutes, as added 12
by this act, the initial terms of members who are appointed pursuant to 13
section 28-1303, subsection A, paragraphs 4, 5 and 6, Arizona Revised