This initiative measure serves to preserve the balance between the rights of individuals and the need for effective law enforcement. This initiative measure prohibits the issuance or filing of traffic related citations for alleged violations that were detected through the use of photo radar and other photo enforcement equipment. This initiative measure keeps the enforcement of our laws in the hands of trained law enforcement officers who are authorized by the people of Arizona, protects the citizens of Arizona from the abuses that accompany the outsourcing of law enforcement to private, for-profit corporations and ensures that the purpose of law enforcement remains to serve and protect and not to generate revenue for governments.
Initative Measure – Full Wording:
End Photo Radar Initiative
An Initiative Measure
PROPOSING AN AMENDMENT TO TITLE 28, CHAPTER 5, ARTICLE 4; ADDING SECTION 28-1590 PROHIBITING THE USE OF PHOTO ENFORCEMENT SYSTEMS
Be it enacted by the People of Arizona:
Section 28-1590, is proposed to be added as follows if approved by the voters and on proclamation of the Governor:
Section 28-1590. Prohibiting the Use of Photo Enforcement Systems.
A. No traffic complaint, notice of violation or other legal form of civil or criminal charge or citation shall be issued or filed in the state of Arizona for an alleged violation of this Title or of any other state, county or municipal law relating to the operation of a motor vehicle if the alleged violation was detected through the use of a Photo Enforcement System, as defined in subsection B of this section.
B. For purposes of this section, “Photo Enforcement System” means a device or system consisting of a radar unit or sensor linked to a (i) camera or other recording device that produces or is capable of producing one or more photographs, microphotographs, videotapes or digital or other recorded images of a vehicle’s license plate or its operator or (ii) device that is capable of reading a motor vehicle’s license plate or otherwise identifying a motor vehicle.