ARIZONA STATE SENATE
Forty-eighth Legislature, First Regular Session
FACT SHEET FOR S.B. 1040
private process servers; trespass; assault
Purpose
Prohibits private process servers engaged in official duties from being charged with criminal trespass and enacts a penalty for assaulting a process server while the server is engaged in official duties.
Background
Private process servers are authorized to serve process for any court of state anywhere within Arizona pursuant to A.R.S. § 11-445(H) and Rule 4, Arizona Rules of Civil Procedure.
Criminal trespass is knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by the owner or a reasonable notice prohibiting entry by the owner. It also includes burning, defacing, mutilating or otherwise desecrating a religious symbol or other religious property of another without express owner permission and looking into the residential structure without authority. Penalties for criminal trespass range from class 1 to class 3 misdemeanors or a class 6 felony.
Assault becomes aggravated if: a) a serious physical injury to another is caused; b) a deadly weapon or dangerous instrument is used; c) a private home is entered with the intent to assault; d) a child 15 years or younger is victimized by an adult; e) the victim is a peace officer, fire fighter, school employee, prison employee, health care practitioner or prosecutor; f) the victim is physically restrained; g) the victim suffers temporary but substantial disfigurement or impairment of any body organ or part; or h) the assault is committed in violation of an order of protection. Penalties for aggravated assault range from class 2 to class 6 felonies.
Any potential fiscal impact to the state General Fund is undetermined at this time, although the additional criminal trespass charge and classification of assault on a process server as aggravated assault could increase the number of people incarcerated by the Arizona Department of Corrections.
Provisions
1. Excludes private process servers from criminal trespass charges in the first, second and third degree, for conduct that occurs while engaged in official duties.
2. Creates a new classification of aggravated assault to include if a person commits assault knowing or having reason to know that the victim is a process server engaged in the execution of official duties.
3. Makes technical changes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
January 4, 2007
CEW/jas