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HCR 2004

photo enforcement systems; prohibition.

57th Legislature - Second Regular Session Introduced by Michael Carbone and 4 co-sponsors

HCR 2004 would place a constitutional amendment on Superior Court original jurisdiction and, separately, introduce statutory changes to photo enforcement rules in Arizona.

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Bill Summary · HCR 2004

Summary of HCR 2004 (Arizona, 2025)

Overview

HCR 2004 is a concurrent resolution introduced in the Arizona Legislature with two distinct purposes reflected in the bill’s two content tracks:
- A constitutional amendment proposal to Article VI, Section 14 (Superior Court; original jurisdiction).
- An introduced measure relating to photo enforcement systems (the “photo enforcement” portion), including definitions and statutory amendments for Title 28 of the Arizona Revised Statutes. The introduced text appears to pursue changes to photo enforcement regulation, consistent with the bill’s prefiled status and the title reference to prohibition, though the full prohibition language is not shown in the excerpt provided.

At introduction, the measure is prefiled (as of January 8, 2025) and is classified as a concurrent resolution. If the constitutional amendment track is approved by voters, it would alter the Constitution; if the statutory track advances, it would modify state law concerning photo enforcement.

What the bill would do

1) Constitutional amendment (Article VI, Section 14)

  • Proposes amending Article VI, Section 14 to reframe or specify the superior court’s original jurisdiction.
  • The proposed amended list enumerates the superior court’s original jurisdiction, including cases not exclusively vested elsewhere, equity and law relating to real property, certain property value thresholds, criminal cases (felonies and some misdemeanors), forcible entry and detainer, insolvency, nuisance abatement, probate, divorce and dissolution of marriage, naturalization, and other special or legally provided matters.
  • The Secretary of State would submit the proposition to voters at the next general election as provided by the state constitution.

2) Photo enforcement provisions (Introduced Version)

  • The introduced text would amend and repeal portions of Title 28 (Arizona Revised Statutes) related to photo enforcement, including:
    • Amending sections 28-601, 28-627, and 28-1201.
    • Repealing sections 28-1202, 28-1203, 28-1204, 28-1205, and 28-1206.
    • Amending Title 28, Chapter 3, Article 21, by adding a new section (likely 28-1202).
    • Repealing Section 28-1602.
  • The definitions section (28-601) is amended to include comprehensive definitions relevant to photo enforcement and traffic regulation, including terms like “photo enforcement system,” “crosswalk,” “escort vehicle,” “stop,” “traffic control signal,” and many related terms.
  • The introduced language establishes how a photo enforcement system is defined (a device with radar/sensor linked to cameras/recorders to capture license plates for enforcement against traffic rule violations).
  • Note: The provided excerpt does not include explicit prohibitory language but is labeled “photo enforcement systems; prohibition,” implying the overall intent to prohibit certain photo enforcement uses, even though the full prohibitory text is not visible here.

Who would be affected

  • State courts: If the constitutional amendment passes, the allocation of original jurisdiction for the Arizona Superior Court could change, impacting where certain cases are filed and litigated.
  • Transportation/traffic enforcement: The photo enforcement provisions would impact agencies operating photo enforcement systems, policymakers regulating such systems, and individuals subject to enforcement actions based on camera-derived violations.
  • General public: Voters would decide the constitutional change at the general election; the statutory changes would affect motorists, property owners, and other road users through altered enforcement mechanisms.

Procedural and timeline notes

  • Prefiled: January 8, 2025 (Introduced Version); status shows as prefiled in later listings (2025-12-29).
  • Legislative actions listed: House First Reading on 2025-06-27.
  • Constitutional amendment process: Requires voter approval at the next general election and proclamation by the Governor if adopted.
  • The introduced statutory changes would become law only if enacted and authorized by the legislative process and, where applicable, voter approval (depending on whether any provisions are tied to the constitutional change).

Key considerations

  • The dual nature of HCR 2004 means it combines a constitutional reform item with a substantive statutory reform/limitation of photo enforcement authorities.
  • Stakeholders include judges and court practitioners, law enforcement, road users, local governments, and civil rights/privacy groups, given potential implications for access to justice and traffic enforcement practices.

If you’d like, I can tailor this summary to focus on a specific section (constitutional vs. photo enforcement) or compare it with existing statutes and constitutional provisions.

Compiled from official sources — confirm details with the bill’s official record.

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