House of
Representatives
HB2286
domestic terrorism
Sponsors: Representative Sinema, Representative Ableser, Representative Gallardo et al.
HB2286 establishes domestic terrorism as a class 5 felony.
History
Currently, Arizona Revised Statutes (A.R.S.) § 13-2301 defines terrorism as any felony, including any completed or preparatory offense, that involves the use of a deadly weapon or a weapon of mass destruction or the intentional or knowing infliction of serious physical injury with the intent to either;
- Influence the policy or affect the conduct of this state, or any of its political subdivisions, agencies or instrumentalities.
- Cause substantial damage to, or substantial interruption of, public communications, public transportation, public utilities, or other public services.
Arizona Revised Statutes (A.R.S.) § 13-2301 provides a definition of racketeering and A.R.S. § 13-2314 provides a method for the state to seek civil remedies. Remedies can include the payment of all costs and expenses for the prosecution and investigation of a racketeering offense and payment of an amount equal to any profit received through racketeering. Additionally, proceeds traceable to a racketeering offense along with all monies, negotiable instruments, securities and other property used or intended to be used by the person to facilitate commission of a racketeering offense may be subject to forfeiture as provided for in A.R.S. Title 13, Ch. 39.
Provisions
· Expands the definition of racketeering in A.R.S. § 13-2301 to include domestic terrorism if committed for financial gain.
· Specifies that an individual or a group of individuals commits domestic terrorism if the individual or group of individuals are not affiliated with a local, state or federal law enforcement entity, are armed with a firearm or other weapon and either:
· Associate with another individual or group of individuals as an organization, group, corporation or company for the purpose of patrolling to detect alleged illegal activity; or
· Individually patrol for the purpose of detecting alleged illegal activity.
· Allows a city, town or county that suffers injury arising out of a violation of this statute to maintain an action in superior court for the recovery of damages or for an injunction, or both.
· Specifies that the court may award the successful party reasonable attorney fees.
· Requires that if the court sentences the defendant to a term of probation, the court must order that the defendant be imprisoned in the county jail for at least six months as an initial condition of probation.
· Prohibits the jail term of incarceration from being deferred, deleted or otherwise suspended.
· Specifies that the jail term of incarceration must begin on the date of sentencing.
· Stipulates that the provisions relating to a jail term of incarceration do not apply to persons sentenced to serve a period of incarceration in the state Department of Corrections.
· Classifies committing domestic terrorism as a class 5 felony.
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Forty-eighth Legislature
First Regular Session 2 February 6, 2007
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