Tracking List Extended

 S1180: Traffic Accidents; Reports; Damage Amount

A law enforcement officer or public employee who investigates a motor vehicle accident is required to complete a full written report if the accident results in property damage in excess of $5,000, increased from $1,000.

ARS Titles Affected: 28

H2085: Private Investigators; Security Guards; Regulations

The grounds for disciplinary action for licensed private investigators is expanded to include being arrested for any offense that would disqualify the licensee from obtaining a license, and on completion of an investigation the license of a person arrested for such an offense must be suspended. A private investigator must notify the employer agency within 48 hours after being arrested, and the agency must notify the Department of Public Safety within 24 hours after receiving notice. Security guard agencies are required to maintain liability insurance.

ARS Titles Affected: 32

H2087: Sex Offender Registration; Address Verification

A person who is required to register as a sex offender is required to verify the person’s address if requested by the Department of Public Safety.

ARS Titles Affected: 13

H2089: Aggravated Assault; Elect Officials

The list of victims of assault that make the assault classified as aggravated assault if the defendant knows of their profession is expanded to include a person who is duly elected or appointed to an elective public office in Arizona.

ARS Titles Affected: 13

H2107: Law Enforcement Merit System; Continuation

The statutory life of the Law Enforcement Merit System Council is extended 8 years to July 1, 2023. Retroactive to July 1, 2015.

ARS Titles Affected: 41

H2301: Historical Prior Felony Conviction; Sentencing

In the definition of "historical prior felony conviction" for the purpose of the criminal code, "prior felony conviction" includes any offense committed outside the jurisdiction of Arizona that was punishable by that jurisdiction as a felony.

ARS Titles Affected: 13

H2506: Private Prison Contractors; Public Records

Private prisons that contract with any governmental entity must make public all records relating to costs, operations, staff and inmates to the same extent required of publicly operated prisons or jails.

ARS Titles Affected: 41

H2507: Private Prison Study Committee

Establishes a 19-member Private Prison Study Committee to research and report on the impact of private prisons on the safety of the public and prisoners, the economic efficiency of housing prisoners in private facilities, and the provision of constitutionally appropriate services for prisoners at private prisons. The Committee must submit a report to the Governor and the Legislature by December 31, 2015. Self-repeals October 1, 2016.

ARS Titles Affected: 41

H2509: Aggravated Assault; Firearms

The circumstances under which the commission of assault becomes aggravated assault are expanded to include if the person knowingly takes or attempts to exercise control over another person's lawfully possessed firearm with the intent to cause harm with that firearm. Aggravated assault for this reason is a class 4 (mid-level) felony. Does not apply to a peace officer who takes or attempts to exercise control over a person's firearm while engaged in the execution of official duties or to a person who is justified in using physical force or deadly physical force pursuant to statute.

ARS Titles Affected: 13

H2511: Peace Officers; Camera Requirement

Every peace officer is required to wear a camera that electronically records audio and video while the officer is engaged in the performance of official duties that are likely to result in a criminal investigation or arrest. The Attorney General is required to establish guidelines to implement and enforce this requirement. Also establishes a 7-member Peace Officer Body Camera Study Committee to research the effectiveness and training of using peace officer body cameras and report its findings and recommendations to the Governor and the Legislature by December 31, 2015. The Committee self-repeals July 1, 2015.

ARS Titles Affected: 38

H2512: Law Enforcement; Deadly Force; Investigations

If a law enforcement officer uses deadly physical force in the performance of official duties and that use causes the death of another person, an investigator or law enforcement officer who is not from the same law enforcement agency or the county attorney from another county is required to conduct the investigation into the officer’s use of deadly physical force and provide the results of the investigation to the county attorney of the county in which the use of force occurred.

ARS Titles Affected: 13

H2517: Internet Crimes Against Children; Fund

stablishes the Internet Crimes Against Children Enforcement Fund, to be administered by the Attorney General to continue the operation of the federally recognized Internet Crimes Against Children Task Force Program. Of the monies remaining in the State Lottery Fund each fiscal year after appropriations and statutory deposits, $4.5 million is deposited in the Internet Crimes Against Children Enforcement Fund and $500,000 is deposited in the Victims’ Rights Enforcement Fund. If a law enforcement agency receives information that a communication service provider is hosting a website containing an alleged violation of crimes of sexual exploitation of children, the agency is required to serve a notice of the alleged violation on the statutory agent of the communication service provider. In any prosecution for a violation of crimes of sexual exploitation of children, the defendant or any person assisting the defendant is prohibited from removing any visual depiction or any computer or other device that contains a visual depiction that is alleged to be in violation and that is in the possession of a law enforcement agency or the prosecutor. Emergency clause.

ARS Titles Affected: 5 8 13 41

H2239: Police Reports; Victims; Attorneys

The list of persons who have the right to receive one copy of the police report from the investigating law enforcement agency at no charge if the victim is killed or incapacitated is expanded to include the victim’s “attorney” (defined) on behalf of the victim.

ARS Titles Affected: 39

H2370: Texting While Driving; Prohibition

It is a nonmoving civil traffic violation to use a handheld wireless communication device to manually write, send or read a written message while operating a motor vehicle. Some exceptions. Violations are subject to a civil penalty of $50 or $200 if the person is involved in a motor vehicle accident. Establishes a warning period from January 1, 2016 through January 31, 2016. Effective January 1, 2016.

ARS Titles Affected: 28

S1054: CORP; Health Benefits; Retirement Benefits

If a member of the Corrections Officer Retirement Plan who is eligible for group health and accident coverage benefits forfeits his/her interest in the account before the termination of the plan, an amount equal to the amount of the forfeiture must be applied as soon as possible to reduce employer contributions to fund the benefits. Retroactive to September 27, 1990. Also, lump sum payments made for an increase in retirement benefits under specified conditions are no longer eligible for a direct rollover distribution.

ARS Titles Affected: 38

S1055: EORP; Health Benefits; Retirement Benefits

If a member of the Elected Officials’ Retirement Plan who is eligible for group health and accident coverage benefits forfeits his/her interest in the account before the termination of the plan, an amount equal to the amount of the forfeiture must be applied as soon as possible to reduce employer contributions to fund the benefits. Retroactive to May 16, 1990. Also, lump sum payments made for an increase in retirement benefits under specified conditions are no longer eligible for a direct rollover distribution.

ARS Titles Affected: 38

S1094: Aggressive Solicitation; Offense

It is a class 1 (highest) misdemeanor to solicit money or the sale of goods or services within 15 feet of a bank entrance or ATM, in any public transportation vehicle or within 10 feet of a public transportation vehicle stop, or in various situations involving making physical contact with or obstructing the passage of the person being solicited, or in a manner that is likely to cause a reasonable person to fear imminent bodily harm. Being present in a public place to beg is removed from the acts constituting loitering, a class 3 (lowest) misdemeanor.

ARS Titles Affected: 13

S1096: ASRS; Actuarial Valuation Method

Beginning June 30, 2016, the Arizona State Retirement System Board is required to determine which of the generally accepted actuarial cost methods will be used in the annual actuarial valuation of the ASRS plan, which is used to determine contribution rates. The projected unit credit method must continue to be used through June 29, 2016.

ARS Titles Affected: 38

S1097: ASRS; Health Insurance Benefits

If a member of the Arizona State Retirement System who is eligible for health insurance premium assistance forfeits the member’s interest in the account before the termination of ASRS, an amount equal to the forfeiture must be applied as soon as possible to reduce employer contributions to fund premium assistance benefits. Retroactive to July 1, 2013.

ARS Titles Affected: 38

S1102: Text Messaging While Driving; Prohibition

It is a nonmoving civil traffic violation to use a wireless communication device to send or receive a written message while operating a motor vehicle. Some exceptions. Violations are subject to a civil penalty of $100 for a first violation and $300 for a second or subsequent violation. If a person in violation is involved in a motor vehicle accident, the person is subject to a civil penalty of $500, except that if the accident results in the death of another person, the civil penalty is $10,000.

ARS Titles Affected: 28

S1121: ASRS; Participation Opt Out; Continuation

Persons meeting specified requirements are authorized to elect not to participate in the Arizona State Retirement System at any time, instead of only until July 1, 2015. Emergency clause.

ARS Titles Affected: 38

S1124: Tech Correction; Unemployment Withholding

Minor change in Title 43 (Taxation of Income) related to unemployment compensation withholding. Apparent striker bus.

ARS Titles Affected: 43

From Levi Bolton,


Please see the attached legislative report for this last week. 


Please feel free to reach out to me with any questions.


LOLA update 4/17/2017