SB 1334 — DUI; license suspensions; restrictions
Last action — Signed by Governor
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 25, 2022. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Mixed recorded votes
3 passed, 3 failed in recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
579 added · 545 removedPlain-language change summary
The latest version of SB 1334 adds clarification on testing for intoxication by specifying that tests can measure both alcohol and drugs. It emphasizes the consequences of refusing a test by detailing the suspension periods for driving licenses. This change is important because it aims to strengthen enforcement against impaired driving and ensure public safety by clearly outlining the protocols and penalties for those who refuse testing.
SenateHouse Engrossed Senate Bill DUI;
restrictions State of Arizona Senate Fifty-fifth Legislature Second Regular Session CHAPTER 233 SENATE BILL 1334 AN ACT AMENDING SECTIONS 28-673, 28-1321, 28-1385, 28-1387, 28-1401, 28-140228-1402, 28-1461 AND 28-3319, ARIZONA REVISED STATUTES;
A person who operates a motor vehicle in this state gives consent, subject to section 4-244, paragraph 34 or section 28-1381, 28-1382 or 28-1383, to a test or tests of the person's blood, breath, urine or other bodily substance for the purpose of determining alcohol concentration or drug content if the person is arrested for any offense arising out of acts alleged to have been committed in violation of this chapter or section 4-244, paragraph 34 while the person was driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor AS PRESCRIBED IN SECTION 28-1381 or drugs.
While under the influence of intoxicating liquor AS PRESCRIBED IN SECTION 28-1381 or drugs.
(a) While under the influence of intoxicating liquor or drugs AS DESCRIBEDPRESCRIBED IN SECTION 28-1381.28-1381 or drugs.
(a) While under the influence of intoxicating liquor or drugs AS DESCRIBEDPRESCRIBED IN SECTION 28-1381.28-1381 or drugs.
The court shall hear the review of the final order of suspension or denial on an - 6 - S.B.
1334 shall hear the review of the final order of suspension or denial on an expedited basis.
SEEK JUDICIAL REVIEW PURSUANT TO TITLE 12, CHAPTER 7, ARTICLE 6, EXCEPT THAT SECTION 12-910, SUBSECTIONS A, B, E AND F DO NOT APPLY.
Q.
NOTWITHSTANDING SECTION 28-1401, THE DEPARTMENT MAY ISSUE A SPECIAL IGNITION INTERLOCK RESTRICTED DRIVER LICENSE TO A PERSON FOR AN OFFENSE DESCRIBED IN SUBSECTION A OF THIS SECTION.
A PERSON WHO APPLIES FOR AND WHO IS ISSUED A SPECIAL IGNITION INTERLOCK RESTRICTED DRIVER LICENSE PURSUANT TO THIS SUBSECTION AGREES TO THE ADMINISTRATIVE ACTION TAKEN BY THE DEPARTMENT AGAINST THE PERSON'S LICENSE.
ONCE THE DEPARTMENT ISSUES A SPECIAL IGNITION INTERLOCK RESTRICTED DRIVER LICENSE PURSUANT TO THIS SUBSECTION, THE PERSON WAIVES ANY RIGHT TO AN ADMINISTRATIVE HEARING CONTESTING THE ADMINISTRATIVE ACTION AGAINST THE PERSON'S LICENSE PURSUANT TO THIS SECTION OR SECTION 28-1385.
1.- 7 - S.B.
1334 1.
-(a) 70.08 -or S.B.more alcohol concentration in the person's blood or breath.
1334 (a) 0.08 or more alcohol concentration in the person's blood or breath.
If a report is not forwarded to the department within the time limit prescribed by this subsection, the report is inadmissible in a hearing held pursuant to this section unless the violation listed in subsection A of this section resulted in a death or serious physical injury.- 8 - S.B.
1334 injury.
-3. 8 - S.B.
1334 3.
G.- 9 - S.B.
1334 G.
-H. 9 - S.B.
1334 H.
I.
IfNOTWITHSTANDING theSECTION officer28-1401, doesTHE notDEPARTMENT serveMAY anISSUE orderA ofSPECIAL suspensionIGNITION pursuantINTERLOCK toRESTRICTED subsectionDRIVER DLICENSE ofTO thisA sectionPERSON andFOR ifAN theOFFENSE departmentDESCRIBED doesIN notSUBSECTION receiveA theOF reportTHIS ofSECTION. the results of the blood or breath alcohol test pursuant to subsection B, paragraph 4 of this section, but subsequently receives the results and the results indicate 0.08 or more alcohol concentration in the person's blood or breath, a blood or breath alcohol concentration of 0.04 or more and the person was driving or in actual physical control of a commercial motor vehicle or any drug defined in section 13-3401 or its metabolite in the person's body and the person does not possess a valid prescription for the drug, the department shall notify the person named in the report in writing sent by mail that fifteen THIRTY days after the date of issuance of the notice the department will suspend the person's license or permit, driving privilege or nonresident driving privilege.
TheA noticePERSON shallWHO alsoAPPLIES stateFOR thatAND theWHO departmentIS willISSUED provideA anSPECIAL opportunityIGNITION forINTERLOCK aRESTRICTED hearingDRIVER andLICENSE summaryPURSUANT reviewTO ifTHIS theSUBSECTION personAGREES requestsTO aTHE hearingADMINISTRATIVE orACTION reviewTAKEN inBY writingTHE andDEPARTMENT theAGAINST requestTHE isPERSON'S receivedLICENSE. by the department within fifteen THIRTY days after the notice is sent.
ONCE THE DEPARTMENT ISSUES A SPECIAL IGNITION INTERLOCK RESTRICTED DRIVER LICENSE PURSUANT TO THIS SUBSECTION, THE PERSON WAIVES ANY RIGHT TO AN ADMINISTRATIVE HEARING CONTESTING THE ADMINISTRATIVE ACTION AGAINST THE PERSON'S LICENSE PURSUANT TO THIS SECTION OR SECTION 28-1321.
1334 J.I.
If the officer does not serve an order of suspension pursuant to subsection D of this section and if the department does not receive the report of the results of the blood or breath alcohol test pursuant to subsection B, paragraph 4 of this section, but subsequently receives the results and the results indicate 0.08 or more alcohol concentration in the person's blood or breath, a blood or breath alcohol concentration of 0.04 or more and the person was driving or in actual physical control of a commercial motor vehicle or any drug defined in section 13-3401 or its metabolite in the person's body and the person does not possess a valid prescription for the drug, the department shall notify the person named in the report in writing sent by mail that fifteen THIRTY days after the date of issuance of the notice the department will suspend the person's license or permit, driving privilege or nonresident driving privilege.
The notice shall also state that the department will provide an opportunity for a hearing and summary review if the person requests a hearing or review in writing and the request is received by the department within fifteen THIRTY days after the notice is sent.
J.
L.
L.M.
Whether the officer had reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor or drugs AS DESCRIBEDPRESCRIBED IN SECTION 28-1381.28-1381 or drugs.
(ii)- 0.0411 or- moreS.B. if the person was driving or in actual physical control of a commercial motor vehicle.
1334 (ii) 0.04 or more if the person was driving or in actual physical control of a commercial motor vehicle.
M.N.
N.O.
Show all 169 changed lines (129 more)
The department may reinstate -the 11person's -driving S.B.privilege, license, permit, right to apply for a license or permit or nonresident operating privilege following the period of suspension only if the violator completes alcohol or other drug screening.
1334 the person's driving privilege, license, permit, right to apply for a license or permit or nonresident operating privilege following the period of suspension only if the violator completes alcohol or other drug screening.
O.P.
P.Q.
Q.R.
Sec.- 12 - S.B.
1334 Sec.
Section 28-1387, Arizona Revised Statutes, is amended to read:
28-1387.
Prior convictions;
alcohol or other drug screening, education and treatment;
license suspension;
supervised probation;
civil liability;
procedures A.
The court shall allow the allegation of a prior conviction or any other pending charge of a violation of section 28-1381, 28-1382 or 28-1383 or an act in another jurisdiction that if committed in this state would be a violation of section 28-1381, 28-1382 or 28-1383 filed twenty or more days before the date the case is actually tried and may allow the allegation of a prior conviction or any other pending charge of a violation of section 28-1381, 28-1382 or 28-1383 or an act in another jurisdiction that if committed in this state would be a violation of section 28-1381, 28-1382 or 28-1383 filed at any time before the date the case is actually tried if this state makes available to the defendant when the allegation is filed a copy of any information obtained concerning the prior conviction or other pending charge.
Any conviction may be used to enhance another conviction irrespective of the dates on which the offenses occurred within the eighty-four month provision.
For the purposes of this - 12 - S.B.
1334 article, an order of a juvenile court adjudicating a person delinquent is equivalent to a conviction.
B.
In addition to any other penalties prescribed by law, the judge shall order a person who is convicted of a violation of section 28-1381, 28-1382 or 28-1383 to complete alcohol or other drug screening that is provided by a facility approved by the department of health services, the United States department of veterans affairs or a probation department.
If a judge determines that the person requires further alcohol or other drug education or treatment, the person may be required pursuant to court order to obtain alcohol or other drug education or treatment under the court's supervision from an approved facility.
The judge may review an education or treatment determination at the request of the state, the defendant or the probation officer or on the judge's initiative.
The person shall pay the costs of the screening, education or treatment unless, after considering the person's ability to pay all or part of the costs, the court waives all or part of the costs.
If a person is referred to a screening, education or treatment facility, the facility shall report to the court whether the person has successfully completed the screening, education or treatment program.
The court may accept evidence of a person's completion of alcohol or other drug screening pursuant to section 28-1445 as sufficient to meet the requirements of this section or section 28-1381, 28-1382 or 28-1383 or may order the person to complete additional alcohol or other drug screening, education or treatment programs.
If a person has previously been ordered to complete an alcohol or other drug screening, education or treatment program pursuant to this section, the judge shall order the person to complete an alcohol or other drug screening, education or treatment program unless the court determines that alternative sanctions are more appropriate.
C.
After a person who is sentenced pursuant to section 28-1381, subsection I has served twenty-four consecutive hours in jail or after a person who is sentenced pursuant to section 28-1381, subsection K or section 28-1382, subsection D or E has served forty-eight consecutive hours in jail and after the court receives confirmation that the person is employed or is a student, the court shall provide in the sentence that the defendant, if the defendant is employed or is a student and can continue the defendant's employment or schooling, may continue the employment or schooling for not more than twelve hours a day nor more than six days a week, unless the court finds good cause to not allow the release and places those findings on the record.
The person shall spend the remaining day, days or parts of days in jail until the sentence is served and shall be allowed out of jail only long enough to complete the actual hours of employment or schooling.
- 13 - S.B.
1334 D.
Unless the license of a person convicted under section 28-1381 or 28-1382 has been or is suspended pursuant to section 28-1321 or 28-1385, the department on receipt of the abstract of conviction of a violation of section 28-1381 or 28-1382 shall suspend the license of the affected person for not less than ninety consecutive days.
E.
When the department receives notification that the person meets the criteria provided in section 28-1385, subsection H, the department shall suspend the driving privileges of the person for not less than thirty consecutive days and shall restrict the person's driving privileges as described in section 28-144 for not less than sixty consecutive additional days.
F.
If a person is placed on probation for violating section 28-1381 or 28-1382, the probation shall be supervised unless the court finds that supervised probation is not necessary or the court does not have supervisory probation services.
G.
Any political subdivision processing or using the services of a person ordered to perform community restitution pursuant to section 28-1381 or 28-1382 does not incur any civil liability to the person ordered to perform community restitution as a result of these activities unless the political subdivision or its agent or employee acts with gross negligence.
H.
The court may order alternative sanctions to community restitution that is ordered pursuant to section 28-1381, subsection K or section 28-1382, subsection E if the court determines that education, treatment or other alternative sanctions are more appropriate.
I.
Except for another violation of this article, the state shall not dismiss a charge of violating any provision of this article unless there is an insufficient legal or factual basis to pursue that charge.
Sec.
5.
-1. 14 - S.B.
1334 1.
E.- 13 - S.B.
1334 E.
6.5.
-B. 15 - S.B.
1334 B.
6.
Section 28-1461, Arizona Revised Statutes, is amended to read:
28-1461.
Use of certified ignition interlock devices;
reporting A.
If a person's driving privilege is limited pursuant to section 28-1381, 28-1382, 28-1383 or 28-3319 or restricted pursuant to section 28-1402:
1.
The person shall:
(a) Pay the costs for installation and maintenance of the certified ignition interlock device.
(b) Provide proof to the department of installation of a functioning certified ignition interlock device in each motor vehicle operated by the person.
(c) Provide proof of compliance to the department at least once every ninety days during the period the person is ordered to use an ignition interlock device.
- 14 - S.B.
1334 (d) Provide proof of calibration of the certified ignition interlock device to the department at least once every ninety days during the period the person is ordered to use an ignition interlock device.
2.
The department shall not reinstate the person's driving privilege or issue a special ignition interlock restricted driver license until the person has installed a functioning certified ignition interlock device in each motor vehicle operated by the person and has provided proof of installation to the department.
B.
While a person maintains a functioning certified ignition interlock device in a vehicle pursuant to this chapter, the ignition interlock manufacturer shall electronically provide THE FOLLOWING INFORMATION to the department in real time and in a form THE MANNER AND FORMAT prescribed by the department the following information IN RULE, AND THE DEPARTMENT SHALL REJECT ANY INFORMATION THAT DOES NOT MEET THESE REQUIREMENTS:
1.
Any tampering or circumvention.
2.
Any failure to provide proof of compliance or inspection of the certified ignition interlock device as prescribed in this section.
3.
Any attempt to operate the vehicle with an alcohol concentration exceeding the presumptive limit as prescribed in section 28-1381, subsection G, paragraph 3 or, if the person is under twenty-one years of age, any attempt to operate the vehicle with any spirituous liquor in the person's body.
4.
Each time that a person fails to properly perform any set of three consecutive rolling retests that occur during a drive cycle.
C.
If the person is under eighteen years of age, the ignition interlock service provider, if requested by the person's parent or legal guardian, shall provide to the person's parent or legal guardian the information prescribed in subsection B of this section.
D.
On request, the ignition interlock manufacturer shall provide the information prescribed in subsection B of this section to:
1.
The department of health services authorized provider.
2.
The probation department that is providing alcohol or other drug screening, education or treatment to the person.
3.
The physician, psychologist, physician assistant, registered nurse practitioner or substance abuse counselor who is evaluating the person's ability to safely operate a motor vehicle following a revocation of the person's driving privilege as prescribed in section 28-3315, subsection D.
4.
The court.
E.
The department shall extend an ignition interlock restricted or limited driver license and the certified ignition interlock device period for six months if the department has reasonable grounds to believe that any of the following applies:
- 15 - S.B.
1334 1.
The person tampered with or circumvented the certified ignition interlock device.
2.
The person attempted to operate the vehicle with an alcohol concentration exceeding the presumptive limit as prescribed in section 28-1381, subsection G, paragraph 3, two or more times during the period of license restriction or limitation.
3.
If the person is under twenty-one years of age, the person attempted to operate the vehicle with any spirituous liquor in the person's body during the period of license restriction or limitation.
4.
The person failed to provide proof of compliance or inspection as prescribed in this section.
5.
The person attempts to operate the vehicle with an alcohol concentration of 0.08 or more during a six month extension pursuant to this subsection.
6.
The person fails to properly perform any set of three consecutive rolling retests that occur during a drive cycle.
F.
If the special ignition interlock restricted license is extended pursuant to subsection E of this section, the limitations prescribed in sections 28-1381, 28-1382, 28-1383 and 28-3319 do not begin until the restrictive period of the license ends.
G.
The department shall make a notation on the driving record of a person whose driving privilege is limited pursuant to section 28-1381, 28-1382, 28-1383, 28-1385 or 28-3319 or restricted pursuant to section 28-1402 that states that the person shall not operate a motor vehicle unless it is equipped with a certified ignition interlock device.
Unless the person is convicted of a second or subsequent violation of section 28-1381, 28-1382 or 28-1383, the notation may not include any mark, color change or other notation or indication on the person's physical driver license.
H.
Proof of compliance does not include a skipped or missed random sample if the motor vehicle's ignition is off at the time of the skipped or missed sample.
Sec.
B.- 16 - S.B.
1334 B.
-D. 16 - S.B.
1334 D.
(a) The person is convicted of a violation of section 28-1382, subsection A, paragraph 2 and the department determines that within a period of eighty-four months the person has a prior conviction of a violation of section 28-1381, 28-1382 or 28-1383 or an act in another jurisdiction- that17 if- committedS.B. in this state would be a violation of section 28-1381, 28-1382 or 28-1383.
1334 jurisdiction that if committed in this state would be a violation of section 28-1381, 28-1382 or 28-1383.
IF THE PERSON SHALLIS BE CREDITED FOR ANY AMOUNT OF TIME THAT A PERSON WAS ISSUED A SPECIAL IGNITION INTERLOCK RESTRICTED DRIVER LICENSE FOR THE VIOLATIONS GIVING RISE TO THE REQUIREMENTS PRESCRIBED IN SUBSECTION D OF THIS SECTION OR ANYPURSUANT AMOUNTTO OFSECTION TIME28-1321, THATSUBSECTION P OR SECTION 28-1385, SUBSECTION I, THE PERSON WASSHALL ISSUEDBE CREDITED FOR THE AMOUNT OF TIME THAT A SPECIALCERTIFIED IGNITION INTERLOCK RESTRICTEDDEVICE DRIVERIS LICENSEINSTALLED PURSUANTON TOTHE SECTIONPERSON'S 28-1321,MOTOR SUBSECTIONVEHICLE PAFTER ORTHE 28-1385,DEPARTMENT SUBSECTIONAUTHORIZES I.THE INSTALLATION OF THE CERTIFIED IGNITION INTERLOCK DEVICE ON THAT PERSON'S MOTOR VEHICLE.
-G. 17 - S.B.
1334 G.
If the person is arrested as described in this subsection, the department shall revoke the deferment and require the person to complete the- remainder18 of- theS.B. time period prescribed in subsection D, paragraph 1, subdivision (a) of this section.
1334 the remainder of the time period prescribed in subsection D, paragraph 1, subdivision (a) of this section.
-Sec. 18 -
8.
Effective date This act is effective from and after December 31, 2022.
APPROVED BY THE GOVERNOR MAY 20, 2022.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 20, 2022.
- 19 -
Show all 169 changed rows (129 more)
View plain text versions (8)
- Chaptered Chaptered Version Current pdf
- Engrossed Senate Engrossed Version pdf
- Engrossed House Engrossed Version pdf
- HOUSE - Judiciary View text pdf
- SENATE - Judiciary View text pdf
- Amended HOUSE - SUB Floor Amend to JUD - Blackman - passed pdf
- Amended SENATE - Pace flr amend (ref Bill) adopted pdf
- Introduced Introduced Version pdf
Action History
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Signed by Governor
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Transmit to Governor
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PASSED
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PASSED
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Transmit to Senate
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PASSED
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DPA
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DPA
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House Second Reading
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House First Reading.
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Transmit to House
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PASSED
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DPA
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DPA
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Senate Second Reading
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Senate First Reading
Sponsors
- Tyler Pace · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 92 not signed on · 7 voted No
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (92)
92 members have not signed on to this bill.
Show all 92 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 5 | 0 | 0 | 0 |
| Unaffiliated | 15 | 0 | 0 | 3 |
| Republican | 7 | 0 | 0 | 0 |
| Total | 27 | 0 | 0 | 3 |
| % of votes cast | 90% | 0% | 0% | 10% |
How each member voted (30)
| Member | Party | Vote |
|---|---|---|
| Christine Marsh | — | Yea |
| Juan Mendez | — | Not Voting |
| Karen Fann | — | Yea |
| Kelly Townsend | — | Not Voting |
| Lisa Otondo | — | Yea |
| Martin Quezada | — | Yea |
| Michelle B. Ugenti-Rita | — | Yea |
| Nancy Barto | — | Yea |
| Paul Boyer | — | Yea |
| Raquel Terán | — | Yea |
| Rebecca Rios | — | Yea |
| Rick Gray | — | Yea |
| Rosanna Gabaldon | — | Not Voting |
| Sean Bowie | — | Yea |
| Sine Kerr | — | Yea |
| Sonny Borrelli | — | Yea |
| Tyler Pace | — | Yea |
| Victoria Steele | — | Yea |
| Lela Alston | Democrat | Yea |
| Lupe Contreras | Democrat | Yea |
| Sally Ann Gonzales | Democrat | Yea |
| Stephanie Stahl Hamilton | Democrat | Yea |
| Theresa Hatathlie | Democrat | Yea |
| David Gowan | Republican | Yea |
| David Livingston | Republican | Yea |
| J.D. Mesnard | Republican | Yea |
| Thomas "T.J." Shope | Republican | Yea |
| Venden "Vince" Leach | Republican | Yea |
| Warren Petersen | Republican | Yea |
| Wendy Rogers | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 32 | 3 | 0 | 2 |
| Republican | 12 | 3 | 0 | 2 |
| Democrat | 6 | 0 | 0 | 0 |
| Total | 50 | 6 | 0 | 4 |
| % of votes cast | 83% | 10% | 0% | 7% |
How each member voted (60)
Roll call published as PDF — view source.
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 4 | 1 | 0 | 0 |
| Unaffiliated | 15 | 0 | 0 | 3 |
| Republican | 7 | 0 | 0 | 0 |
| Total | 26 | 1 | 0 | 3 |
| % of votes cast | 87% | 3% | 0% | 10% |
How each member voted (30)
| Member | Party | Vote |
|---|---|---|
| Christine Marsh | — | Yea |
| Juan Mendez | — | Not Voting |
| Karen Fann | — | Yea |
| Kelly Townsend | — | Yea |
| Lisa Otondo | — | Yea |
| Martin Quezada | — | Yea |
| Michelle B. Ugenti-Rita | — | Yea |
| Nancy Barto | — | Yea |
| Paul Boyer | — | Yea |
| Raquel Terán | — | Yea |
| Rebecca Rios | — | Not Voting |
| Rick Gray | — | Yea |
| Rosanna Gabaldon | — | Yea |
| Sean Bowie | — | Yea |
| Sine Kerr | — | Yea |
| Sonny Borrelli | — | Yea |
| Tyler Pace | — | Yea |
| Victoria Steele | — | Not Voting |
| Lela Alston | Democrat | Yea |
| Lupe Contreras | Democrat | Yea |
| Sally Ann Gonzales | Democrat | Yea |
| Stephanie Stahl Hamilton | Democrat | Yea |
| Theresa Hatathlie | Democrat | Nay |
| David Gowan | Republican | Yea |
| David Livingston | Republican | Yea |
| J.D. Mesnard | Republican | Yea |
| Thomas "T.J." Shope | Republican | Yea |
| Venden "Vince" Leach | Republican | Yea |
| Warren Petersen | Republican | Yea |
| Wendy Rogers | Republican | Yea |
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- Who sponsors SB 1334?
- SB 1334 is sponsored by Tyler Pace.
- What is the current status of SB 1334?
- This bill has been enacted into law. Introduced January 25, 2022. Enacted.
- Where can I track SB 1334?
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