Arizona Legislative Briefs


Published/Last Modified on Thursday, May 3, 2007 2:29 PM MDT


Capitol Media Services


Drunk driving

State lawmakers gave final approval Wednesday to legislation to require that those convicted of extreme DUI serve at least 30 days in jail.

That is the amount now specified in statute for those with a blood-alcohol content of at least 0.15, nearly twice the lega limit of 0.08. But the law allows a judge to suspend all but 10 days of that if the person completes court-ordered screening or education programs.

SB 1252, which now goes to the governor, removes that discretion.

It also permits a judge to order the person not to consume alcohol at all for that 30 day period.

Sen. Linda Gray, R-Glendale, said there are devices which attach to someone's ankle which actually monitors the perspiration.

Alcohol ingested would show up in the sweat.

Consular cards

On a 16-13 margin the Senate voted Wednesday to bar government agencies from accepting cards issued by foreign consulates a identification.

SB 1236 is aimed primarily at the matricula consular issued by Mexican consulates in Arizona and elsewhere to citizens of that country living in the United States. Some communities accept this as proof of identification for various government services ranging from utilities to getting a librar card.

Rep. Russell Pearce, R-Mesa, said the cards are unreliable and are primarily used by people in this country illegally. But foes of the bill argued that they provide police and others with a least some form of ID.

The measure now goes to Gov. Janet Napolitano who vetoed a bill last year with an identical provision.

Self defense

State lawmakers are going to give Gov. Janet Napolitano another chance to sign legislation designed to help some people escape murder charges.

SB 1166 is designed to make retroactive a law which took effect 13 months ago which now places the burden on prosecutors t disprove a defendant's claim of self defense. Courts have subsequently ruled that change applies only to crimes committe after that date; everyone else is stuck with the old law that requires defendants to prove they had to use deadly force t defend themselves.

This measure says anyone awaiting trial when the law took effect is entitled to its benefits. It likely would mean a new trial for

Harold Fish, convicted last year - under the old law - of th murder of a hiker in rural Coconino County.

It also would alter the upcoming trial of David Rene Garcia, charged with murdering a woman at his Tucson apartment.

Napolitano vetoed a version of the measure earlier this year, saying it would affect many other cases. SB 1166 has slightly different language proponents believe will convince the governor to let it become law.

School boards

Arizona voters would get a bit more information about school board candidates under the terms of legislation given final Senate approval Wednesday.

SB 1046 says candidates are supposed to submit statements of up to 500 words. Each school district then has to post that statement on an official web site.

Backers of the measure say it will help voters decide who to elect to the unpaid positions.

But the bill, which now goes to the governor, does not spell out what kind of information has to be in the statement. In fact, a candidate who refuses to submit one is not disqualified from running for office.

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