SB 1624

House Engrossed
  Senate Bill
photo radar
  enforcement; civil penalty
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1624
AN
ACT
amending sections 28-1602 and 41-1731,
Arizona Revised Statutes; relating to traffic enforcement and officer training.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 28-1602, Arizona Revised Statutes, is amended to read:
START_STATUTE28-1602. Photo enforcement violations; law enforcement review; violation;
classification; service of process; no duty to identify photo or respond; civil
penalty; definitions
A. Notwithstanding any other law, if a person
receives a notice of violation in the mail for a violation of chapter 3,
article 3 or 6 of this title or of a city or town ordinance for excessive speed
or failure to obey a traffic control device that is obtained using a photo
enforcement system, the person does not have to do either of the following:
1. Identify who is in the photo.
2. Respond to the notice of violation.
B. The notice of violation must state the following:
1. The notice of violation is
not a court issued document and the recipient is under no obligation to
identify the person or respond to the notice of violation.
2. Failure to respond to the notice of
violation may result in official service that may result in an
additional fee being levied.
C. Before a citation is issued, a law enforcement
agency must review evidence that is recorded by a photo enforcement system to
determine whether a violation of chapter 3, article 3 or 6 of this title or of
a city or town ordinance for excessive speed or failure to obey a traffic
control device occurred.
D. A photo enforcement company may not determine
whether a violation of chapter 3, article 3 or 6 of this title occurred for the
purpose of the issuance of issuing a
citation. A violation of this subsection is a class 1 misdemeanor.
E. In addition to any other means authorized by the
Arizona rules of civil procedure, alternative service of process must be sent
by certified mail with an additional copy by regular mail and a notice must be
posted on the front door of the business or residence and, if present and
accessible, a residence's garage door. Service of the complaint is complete on
filing the mailing receipt and proof of posting in the court having
jurisdiction of the violation. Notwithstanding any other law, a person's
driving privileges may not be suspended or revoked as a result of a citation
that is served by alternative service of process under this subsection.
F. If a law enforcement agency issues a citation as
a result of a photo enforcement system and serves the citation in a manner
other than what is prescribed by section 28-1593, subsection A, the
agency shall inform the person that there is no obligation to identify the
driver or respond to the citation. Failure to respond to the citation will
result in the probability that the person will be formally served pursuant to
state law and the Arizona rules of civil procedure which will likely result in
the person being required to pay the cost of the service.
G. If a person is found responsible
for a civil traffic violation that results from a photo enforcement system, except for a red light violation pursuant to section 28-645 or
a school crossing violation pursuant to section 28-797:
1. The person is subject to a civil
penalty of not more than $75. $15 of the civil penalty
collected shall be deposited in the peace officer training equipment fund
established by section 41-1731.
2. A department or agency of this
state may not consider the violation for the purpose of determining whether the
person's driver license should be suspended or revoked.
3. A court may not transmit abstracts
of records of the violation to the department.
4. An insurer may not consider the
violation as a traffic violation against the person for the purposes of
establishing rates for motor vehicle liability insurance or determining the
insurability of the person. An insurer may not cancel or refuse to renew any
policy of insurance because of the violation.
G. H. For
the purposes of this section:
1. "Notice of violation" means a notice
issued by a photo enforcement company or municipality that is not a uniform
traffic ticket and complaint.
2. "Photo enforcement system" has the same
meaning prescribed in section 28-601. END_STATUTE
Sec. 2. Section 41-1731, Arizona Revised
Statutes, is amended to read:
START_STATUTE41-1731. Peace officer training equipment fund; exemptions
A. The peace officer training equipment fund is
established consisting of monies deposited pursuant to sections 12-114, and 12-116.10 and
28-1602.� The state treasurer shall administer the fund. Monies in
the fund may be used only for peace officer equipment.
B. The state treasurer shall invest and divest
monies in the fund as provided by section 35-313, and monies earned from
investment shall be credited to the fund.
C. Monies in the fund:
1. Do not revert to the state general fund at the
end of the fiscal year.
2. Are exempt from the provisions of section 35-190
relating to lapsing of appropriations.
3. Are subject to legislative appropriation.END_STATUTE