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REFERENCE TITLE: resisting detention; offense |
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State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017
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HB 2437 |
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Introduced by Representative Gabaldón
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AN ACT
amending section 13‑2508, Arizona Revised Statutes; relating to resisting arrest or detention.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-2508, Arizona Revised Statutes, is amended to read:
13-2508. Resisting arrest or detention; classification; definition
A. A person commits resisting arrest or detention by intentionally preventing or attempting to prevent a person reasonably known to him to be a peace officer, acting under color of such peace officer's official authority, from effecting an arrest or a detention by:
1. Using or threatening to use physical force against the peace officer or another.
2. Using any other means creating a substantial risk of causing physical injury to the peace officer or another.
3. Engaging in passive resistance.
B. Resisting arrest or detention pursuant to subsection A, paragraph 1 or 2 of this section is a class 6 felony. Resisting arrest or detention pursuant to subsection A, paragraph 3 of this section is a class 1 misdemeanor.
C. For the purposes of this section, "passive resistance" means a nonviolent physical act or failure to act that is intended to impede, hinder or delay the effecting of an arrest or a detention.