REFERENCE TITLE: resisting detention; offense

 

 

 

State of Arizona

House of Representatives

Fifty-third Legislature

Second Regular Session

2018

 

HB 2580

 

Introduced by

Representative Gabaldón

 

 

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:

START_STATUTE13-2508.  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. END_STATUTE