ARIZONA HOUSE OF REPRESENTATIVES

HB 2129: wildland fires; classification

PRIME SPONSOR: Representative Thorpe, LD 6

BILL STATUS: Caucus & COW

                                Judiciary: DP 9-1-0-0

Overview

Increases from a misdemeanor to a class six felony the offense of recklessly or with criminal negligence setting fire to, or allowing a set fire to spread to, another person's wildland with knowledge the fire violates a burn regulation.

History

A person generally may not set fire to another person's wildland or allow a fire set by the person to spread to another person's wildland (A.R.S. § 13-1706 (A)). This does not apply to:

1. Lawful open burnings conducted in the course of agricultural operations;

2. Fire management operations conducted by a political subdivision;

3. Prescribed or controlled burns permitted by the state forester;

4. Lawful activities conducted pursuant to any state, tribal, or federal agency rule, regulation, or policy;

5. Fires set on public land for cooking or warmth so long as they do not require action by a fire control agency and a burn restriction is not in place (A.R.S. § 13-1706 (B)).

Setting fire to or allowing a set fire to spread to another person's wildland is a:

1. Class two misdemeanor if done with criminal negligence;

2. Class one misdemeanor if done recklessly;

3. Class six felony if done intentionally or knowingly and the person knew or should have known a burn restriction was in place; or

4. Class three felony if done intentionally and the conduct puts another person in danger of death or serious injury or places another person's building or occupied structure in danger of damage (A.R.S. § 13-1706 (C)).

Wildland means any brush-covered land, cutover land, forest, grassland, or woods (A.R.S. § 13-1701 (5)).

Provisions

1. Punishes as a class six felony the offense of recklessly or with criminal negligence setting fire to, or allowing a set fire to spread to, another person's wildland when the offender knows or reasonably should know that the conduct violates a burn regulation.

2. Eliminates the offense of with criminal negligence setting fire to, or allowing a set fire to spread to, another person's wildland.

3. Eliminates the offense of recklessly setting fire to, or allowing a set fire to spread to, another person's wildland.

4. Makes conforming changes.

5. Makes a technical change.

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9. Fifty-fourth Legislature                       HB 2129

10. First Regular Session                            Version 1: Caucus & COW

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