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SB1413 - 572R - H Ver
House Engrossed
Senate Bill
technical
correction; veterans; tuition deferment
(now: moving
violation; restitution cap removal)
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1413
AN
ACT
amending sections 28-645 and 28-672,
Arizona Revised Statutes; relating to restitution.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-645, Arizona Revised
Statutes, is amended to read:
START_STATUTE
28-645.
Traffic control signal legend
A. If traffic is controlled by traffic control
signals exhibiting different colored lights or colored lighted arrows
successively one at a time or in combination, only the colors green, red and
yellow shall be used, except for special pedestrian signals carrying a word
legend. The lights shall indicate and apply to drivers of vehicles
and pedestrians as follows:
1. Green indication:
(a) Vehicular traffic facing a green signal may
proceed straight through or turn right or left unless a sign at that place
prohibits either turn. Vehicular traffic, including vehicles turning
right or left, shall yield the right-of-way to other vehicles and
to pedestrians lawfully within the intersection or an adjacent crosswalk at the
time the signal is exhibited.
(b) Vehicular traffic facing a green arrow signal,
shown alone or in combination with another indication, may cautiously enter the
intersection only to make the movement indicated by such arrow or such other
movement as is
permitted
allowed
by
other indications shown at the same time. Vehicular traffic shall
yield the right-of-way to pedestrians lawfully within an adjacent
crosswalk and to other traffic lawfully using the intersection.
(c) Unless otherwise directed by a pedestrian
control signal as provided in section 28-646, pedestrians facing any
green signal, except if the sole green signal is a turn arrow, may proceed
across the roadway within any marked or unmarked crosswalk.
2. Steady yellow indication:
(a) Vehicular traffic facing a steady yellow signal
is warned by the signal that the related green movement is being terminated or
that a red indication will be exhibited immediately thereafter when vehicular
traffic shall not enter the intersection.
(b) Unless otherwise directed by a pedestrian
control signal as provided in section 28-646, pedestrians facing a steady
yellow signal are advised by the signal that there is insufficient time to
cross the roadway before a red indication is shown and a pedestrian shall not
then start to cross the roadway.
3. Red indication:
(a) Except as provided in subdivisions (b) and (c)
of this paragraph, vehicular traffic facing a steady red signal alone shall
slow the vehicle to a cOMPLETE
stop before entering the
intersection and shall remain standing until an indication to proceed is
shown.
A violation of this subdivision occurs if a
vehicle fails to slow to a complete stop and but for another vehicle or other
obstruction would have entered the intersection. �
On receipt of a record
of judgment for a violation of this subdivision or an act in another
jurisdiction that if committed in this state would be a violation of this
section, the department shall order the person to attend and successfully
complete traffic survival school educational sessions within sixty days after
the department issues the order. �Notwithstanding section 28-3315, if the
person fails to attend or successfully complete traffic survival school
educational sessions, the department shall suspend the person's driving
privilege pursuant to section 28-3306 until the person attends and
successfully completes traffic survival school educational
sessions. A person whose driving privilege is suspended pursuant to
this subdivision may request a hearing. If the person requests a hearing, the
department shall conduct the hearing as prescribed in section 28-3306. A
law enforcement officer or a jurisdiction issuing a citation to a person who
violates this subdivision shall provide written notice to the person that if
eligible, the person may attend defensive driving school or, if not eligible or
if the person chooses not to attend defensive driving school and is found
responsible or enters a plea of responsible for a violation of this subsection,
the person must attend and successfully complete traffic survival school
educational sessions. The notice shall include a reference to red
light violations and state that if the person is required to attend traffic
survival school the person will receive notice from the motor vehicle division.
(b) The driver of a vehicle that is stopped in
obedience to a red signal and as close as practicable at the entrance to the
crosswalk on the near side of the intersection, or if there is no crosswalk,
then at the entrance to the intersection, may make a right turn but shall yield
the right-of-way to pedestrians and other traffic proceeding as
directed by the signal. A right turn may be prohibited against a red
signal at any intersection if a sign prohibiting the turn is erected at the
intersection.
(c) The driver of a vehicle on a one-way
street that intersects another one-way street on which traffic moves to
the left shall stop in obedience to a red signal but may then make a left turn
into the one-way street. �The driver shall yield the right-of-way
to pedestrians and other traffic proceeding as directed by the signal at the
intersection, except that such left turn may be prohibited if a sign
prohibiting the turn is erected at the intersection.
(d) Unless otherwise directed by a pedestrian
control signal as provided in section 28-646, a pedestrian facing a
steady red signal alone shall not enter the roadway.
B. If an official
traffic control signal is erected and maintained at a place other than an
intersection, this section applies except as to those provisions of this
section that by their nature can have no application. Any stop required
shall be made at a sign or marking on the pavement indicating where the stop
shall be made, but in the absence of a sign or marking the stop shall be made
at the signal.
C. The driver of a vehicle approaching an
intersection that has an official traffic control signal that is inoperative
shall bring the vehicle to a complete stop before entering the intersection and
may proceed with caution only when it is safe to do so. If two or
more vehicles approach an intersection from different streets or highways at
approximately the same time and the official traffic control signal for the
intersection is inoperative, the driver of each vehicle shall bring the vehicle
to a complete stop before entering the intersection and the driver of the
vehicle on the left shall yield the right-of-way to the driver of
the vehicle on the right.
END_STATUTE
Sec. 2. Section 28-672, Arizona Revised
Statutes, is amended to read:
START_STATUTE
28-672.
Causing serious
physical injury or death by a moving violation; time limitation; penalties;
violation; classification; definition
A. A person is guilty of causing serious physical
injury or death by a moving violation if the person violates any one of the
following and the violation results in
or occurs simultaneously
with or in the course of
an accident causing serious physical injury or
death to another person:
1. Section 28-645, subsection A, paragraph 3,
subdivision (a).
2. Section 28-710.
3. Section 28-729.
4. Section 28-771.
5. Section 28-772.
6. Section 28-773.
7. Section 28-792.
8. Section 28-794.
9. Section 28-797, subsection F, G, H or I.
10. Section 28-855, subsection B.
11. Section 28-857, subsection A.
12. Section 28-914.
B. A person who violates this section shall attend
and successfully complete traffic survival school educational sessions that are
designed to improve the safety and habits of drivers and that are approved by
the department. In addition, the court may order the person to
perform community restitution.
C. The court shall
report a conviction for a violation of this section to the department and:
1. For a first
violation of this section, shall direct the department to suspend the person's
driving privilege or restrict the person's driving privilege as described in
section 28-144 for at least ninety days and not more than one hundred
eighty days if the violation results in serious physical injury and at least
one hundred eighty days and not more than one year if the violation results in
death.
2. For a second or subsequent violation of this
section within a period of thirty-six months, shall direct the department
to suspend the person's driving privilege for one hundred eighty days if the
violation results in serious physical injury and one year if the violation
results in death.
D. If a person's driving privilege is suspended
pursuant to any other statute because of an incident involving a violation of
this section, the suspension period prescribed in subsection C of this section
shall run consecutively with the other suspension period.
E. If a person fails to successfully complete
traffic survival school educational sessions or perform community restitution
pursuant to this section, 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
order is satisfied.
F. If the person who suffers serious physical injury
as a result of a violation of this section appears before the court in which
the action is pending at any time before trial and acknowledges receipt of
satisfaction for the injury, on payment of the costs incurred, the court shall
order that the prosecution be dismissed and the defendant be
discharged. The reasons for the order shall be set forth and entered
of record, and the order shall be a bar to another prosecution for the same
offense.
G. Restitution awarded pursuant to
section 13-603 as a result of a violation of this section shall not
exceed $100,000.
H.
G.
A
prosecution for a violation of this section must be commenced within two years
after actual discovery of the offense by the state or the political subdivision
having jurisdiction or discovery by the state or the political subdivision that
should have occurred with the exercise of reasonable diligence, whichever first
occurs.
I.
H.
A
person who violates this section is guilty of a class 1 misdemeanor.
J.
I.
For
the purposes of this section, "serious physical injury" has the same
meaning prescribed in section 13-105.
END_STATUTE