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APA Legislative Update

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    Posted on: February 3rd, 2015

    H2556: DUI; Oral Fluid Swab Test

    A Department of Public Safety officer who has reasonable suspicion to believe that a person has committed a driving under the influence violation that involves any dangerous or narcotic drug (defined elsewhere in statute) or its metabolite in the person’s body may request that the person submit to a preliminary oral fluid swab test. The Dept is required to adopt rules prescribing the approval of preliminary oral fluid swab tests. The tests must be paid for using monies from the Medical Marijuana Fund. Due to voter protection, this bill requires the affirmative vote of at least 3/4 of each house of the Legislature for passage.

    ARS Titles Affected: 28 36

     

    H2564: Photo Radar; Law Enforcement Operation

    A violation of traffic signal or speed restriction regulations that is detected by a photo enforcement system may result in a traffic ticket and complaint only if the system is manned, operated and monitored by a uniformed law enforcement officer who is a member in good standing of a local law enforcement agency in the municipality or county where the system is located.

    ARS Titles Affected: 28

     

    S1186: Fallen Correctional Employees Memorial

    The Department of Administration is authorized to provide for the placement of a memorial dedicated to the commemoration of fallen state Department of Corrections employees in a specified area. Public monies are not authorized for the costs of the memorial. Self-repeals October 1, 2018.

    ARS Titles Affected: 41

     

    S1190: Immunity; Underage Drinking; Reporting

    A person who is under 21 years of age is immune from prosecution for underage drinking if a list of specified circumstances occur, including that the person requests emergency medical or law enforcement assistance for themselves or another person and cooperates with emergency medical assistance personnel and law enforcement officers.

    ARS Titles Affected: 4