It took two tries, but House Bill 2027 has been sent to the Senate in an effort to close a loophole of sorts about a driver’s responsibilities when involved in an accident and to increase the seriousness of some criminal charges for failing to stop or leaving the scene of an accident.
Rep. John Kavanagh’s HB2027 amends several statutes to make it clear a driver involved in an accident on private property has the same obligations as if the accident occurred on public property. The bill was to be considered by the Senate on Feb. 8, but had to be returned to the House for a do-over after Rep. Athena Salman reported she errantly voted on Feb. 4 in favor of the bill.
ARS 28-661 currently reads that the driver of a vehicle involved “in an accident” resulting in any injury to or death of a person shall “immediately stop the vehicle at the scene of the accident or as close to the accident scene as possible.” The driver must then remain on scene to comply with various requirements under ARS 28-663 involving the exchange of information and rendering first aid if necessary.
Under HB2027, the statute would be amended to refer to any accident occurring “on public or private property.” The same amendment would be made to ARS 28-662 involving the responsibility of a driver involved in an attended vehicle damage-only accident, as well as ARS 28-664 about a driver’s responsibility following a collision with an unattended vehicle.
But it isn’t just what a driver must do following an accident that would be changed under HB2027.
Leaving the scene of an attended vehicle damage-only accident is currently a Class 2 misdemeanor punishable by up to four months in jail and a $750 fine. The bill would increase the offense to a Class 1 misdemeanor, punishable by up to six months in jail and a $2,500 fine.
HB2027 also increases ARS 28-663 from a Class 3 misdemeanor, punishable by only 30 days in jail, to a Class 1 misdemeanor for a driver who fails to show his or her driver’s license to any persons involved in the accident or who fails to provide his or her name, address, and vehicle registration number at the scene of an accident.
Any prosecution for failure to remain on scene or failure to exchange information is prosecuted separately of any criminal offense connected to the accident itself.
Kavanagh’s bill would also make it a Class 1 misdemeanor under ARS 28-665 for a driver involved in accident to fail to “take reasonable steps to locate and notify the owner or person in charge” of any property or fixtures on or adjacent to a highway. Currently that statute is only charged as a Class 3 misdemeanor; the statute does not require a driver to remain on scene.
If HB2027 passes the Senate and is signed by Gov. Doug Ducey it will have had a rather circuitous path.
The bill was introduced by Kavanagh on Jan. 11 with the support of the City of Phoenix among others. It had its Third Read on Feb. 4 when it passed out of the House with 56 aye votes and 1 nay vote cast by Rep. Pamela Powers Hannley.
The Senate was expected to consider HB2027 on Feb. 8, but instead the bill was returned to the House after Salman reported her mistaken vote.
The bill had a new Third Read in the House on Feb. 9 where it passed back to the Senate but this time on a vote of 51 ayes and 8 nays. All nay votes were cast by Democrats: Powers Hannley and Salman, as well as Rep. Andrea Dalessandro, Domingo DeGrazia, Mitzi Epstein, Charlene Fernandez, Melody Hernandez, and Raquel Teran.