Arizona HB 2059: riot; unlawful assembly; classification; liability

Bill Text

HB2059 - 572R - I Ver 

PREFILED��� DEC 15 2025

 REFERENCE TITLE: highway speed restrictions; safety

 State of Arizona

 House of Representatives

 Fifty-seventh Legislature

 Second Regular Session

 2026

 HB 2059

 Introduced by 

 Representative 
 Kupper

AN 
ACT

Amending sections 28-701, 28-701.02, 
28-702 and 28-702.01, Arizona Revised Statutes; Amending title 28, chapter 3, 
article 6, Arizona Revised Statutes, by adding section 28-702.02; Repealing 
section 28-702.04, Arizona Revised Statutes; amending title 28, chapter 
3, article 6, Arizona Revised Statutes, by adding a new section 28-702.04; 
relating to highway speed restrictions.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 28-701, Arizona Revised 
Statutes, is amended to read:

START_STATUTE28-701. Reasonable and prudent speed; prima facie evidence; exceptions

A. A person shall not drive a vehicle on a highway 
at a speed greater than is reasonable and prudent under the circumstances, 
conditions and actual and potential hazards then existing. A person 
shall control the speed of a vehicle as necessary to avoid colliding with any 
object, person, vehicle or other conveyance on, entering or adjacent to the 
highway in compliance with legal requirements and the duty of all persons to 
exercise reasonable care for the protection of others.

B. Except as provided in subsections C and D of this 
section or except if a special hazard EXISTS that requires 
a lesser speed for compliance with subsection A of this section, 
any speed in excess of the following speeds is prima facie evidence that the 
speed is too great and therefore unreasonable not reasonable or prudent and that it is unlawful:

1. Fifteen miles per hour approaching a school 
crossing.

2. Twenty-five miles per hour in a business or 
residential district.

3. Sixty-five miles per hour in other 
locations.

C. The speed limits prescribed in this section may 
be altered as authorized in sections 28-702, 28-702.02, 28-702.04 
and 28-703.

D. The maximum speed provided in this section is 
reduced to the speed that is reasonable and prudent under the conditions and 
with regard to the actual and potential hazards then existing, including the 
following conditions:

1. Approaching and crossing an intersection or 
railroad crossing.

2. Approaching and going around a curve.

3. Approaching a hillcrest.

4. Traveling on a narrow or winding roadway.

5. A special hazard exists with respect to 
pedestrians or other traffic or by reason of weather or highway conditions.

E. The maximum lawful speed provided 
in this section does not apply to:

1. An emergency vehicle that is 
operated in a manner described in section 28-624.

2. A vehicle that is operated on a 
freeway designated as a derestricted speed zone pursuant to section 28-702.02 
if the vehicle is operated in compliance with the requirements prescribed in 
section 28-702.02.

E. f. A person shall not drive a motor vehicle at a 
speed that is less than the speed that is reasonable and prudent under existing 
conditions unless the speed that is reasonable and prudent exceeds the maximum 
safe operating speed of the lawfully operated implement of husbandry.END_STATUTE

Sec. 2. Section 28-701.02, Arizona Revised 
Statutes, is amended to read:

START_STATUTE28-701.02. Excessive speeds; violation; classification

A. A person shall not:

1. Exceed thirty-five miles per hour 
approaching a school crossing.

2. Exceed the posted speed limit in a business or 
residential district by more than twenty miles per hour, or if no speed limit 
is posted, exceed forty-five miles per hour.

3. Exceed the posted speed limit by more than twenty 
miles per hour in other locations.

b. This section does not apply to 
vehicles operating in compliance with the requirements of a derestricted speed 
zone designated pursuant to section 28-702.02 between thirty minutes 
before sunrise until thirty minutes after sunset.

B. c. A 
person who violates subsection A of this section is guilty of a class 3 
misdemeanor. 

C. d. A 
person who is charged with a violation of this section may not be issued a 
civil complaint for a violation of section 28-701 if the civil complaint 
alleges a violation arising out of the same circumstances.END_STATUTE

Sec. 3. Section 28-702, Arizona Revised 
Statutes, is amended to read:

START_STATUTE28-702. State highway speed limits

A. If the director determines on the basis of an 
engineering and traffic investigation that any the maximum speed limit of eighty miles per hour 
is greater or less than is reasonable or safe under the conditions found to 
exist on any part of a state highway, the director may determine and declare a 
reasonable and safe maximum speed limit or varying speed limits for the 
location.

B. The maximum speed limit determined pursuant to 
this section or for a derestricted speed zone designated 
pursuant to section 28-702.02 is effective when