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REFERENCE TITLE: aggressive solicitation; offense |
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State of Arizona Senate Fifty-second Legislature First Regular Session 2015
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SB 1094 |
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Introduced by Senator Kavanagh
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AN ACT
AMENDING SECTION 13‑2905, ARIZONA REVISED STATUTES; AMENDING TITLE 13, CHAPTER 29, ARIZONA REVISED STATUTES, BY ADDING SECTION 13‑2914; RELATING TO OFFENSES AGAINST PUBLIC ORDER.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-2905, Arizona Revised Statutes, is amended to read:
13-2905. Loitering; classification
A. A person commits loitering if such person intentionally:
1. Is present in a public place and in an offensive manner or in a manner likely to disturb the public peace solicits another person to engage in any sexual offense.
2. Is present in a transportation facility and after a reasonable request to cease or unless specifically authorized to do so solicits or engages in any business, trade or commercial transactions involving the sale of merchandise or services.
3. Is present in a public place to beg, unless specifically authorized by law.
4. 3. Is present in a public place, unless specifically authorized by law, to gamble with any cards, dice or other similar gambling devices.
5. 4. Is present in or about a school, college or university building or grounds after a reasonable request to leave and either does not have any reason or relationship involving custody of or responsibility for a pupil or student or any other specific legitimate reason for being there or does not have written permission to be there from anyone authorized to grant permission.
6. 5. Except as provided in section 13-3969, subsection A, solicits bail bond business inside a court building or immediately around or near the entrance of a county or city jail. For the purposes of this paragraph, "solicit" includes handing out business cards or any printed material or displaying any electronic devices related to bail bonds, verbally asking a person if the person needs a bail bond and recruiting another person to solicit bail bond business.
B. Loitering under subsection A, paragraph 5 4 is a class 1 misdemeanor. Loitering under subsection A, paragraphs 1, 2, 3, 4 and 6 5 is a class 3 misdemeanor.
Sec. 2. Title 13, chapter 29, Arizona Revised Statutes, is amended by adding section 13-2914, to read:
13-2914. Aggressive solicitation; classification; definitions
A. It is unlawful for a person to solicit any money or other thing of value or solicit the sale of goods or services:
1. Within fifteen feet of any bank entrance or exit or any automated teller machine.
2. In any public transportation vehicle or from any person who is waiting within ten feet of a sign designating a public transportation vehicle stop. This paragraph does not apply to the operator of a public transportation vehicle who requests or accepts payment of a fare.
3. In a public area by:
(a) Intentionally, knowingly or recklessly making any physical contact with or touching another person in the course of the solicitation without the person's consent.
(b) Approaching or following the person being solicited in a manner that is intended or is likely to cause a reasonable person to fear imminent bodily harm to oneself or another or damage to or loss of property or that is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.
(c) Continuing to solicit the person after the person being solicited has clearly communicated a request that the solicitation stop.
(d) Intentionally, knowingly or recklessly obstructing the safe or free passage of the person being solicited or requiring the person to take evasive action to avoid physical contact with the person making the solicitation. This subdivision does not apply to acts that are authorized as an exercise of one's constitutional right to picket or protest.
(e) Intentionally, knowingly or recklessly using obscene or abusive language or gestures that are intended or likely to cause a reasonable person to fear imminent bodily harm or that are reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.
4. In or adjacent to any street, including on the street's median or near any intersection or crosswalk where vehicles must stop in compliance with any traffic control device.
5. Immediately adjacent to the entrance of a business in a manner that physically interferes with ingress or egress to that business entrance and the person does not have the business owner's permission to be there.
B. A violation of this section is a class 1 misdemeanor.
C. For the purposes of this section:
1. "Automated teller machine" has the same meaning prescribed in section 6‑101.
2. "Bank" means a bank, credit union or other similar financial institution.
3. "Public area" means an area that the public or a substantial group of persons has access to and includes alleys, bridges, buildings, driveways, parking lots, parks, playgrounds, plazas, sidewalks and streets open to the general public, and the doorways and entrances to buildings and dwellings and the grounds enclosing them.
4. "Public transportation vehicle" means any vehicle that is used for the transportation of passengers on scheduled routes on an individual passenger fare‑paying basis.
5. "Solicit" means using any means of communication, including by spoken, written or printed word, to request an immediate donation or exchange of money or other thing of value from another person regardless of the solicitor's purpose or intended use of the money or other thing of value.