ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: MAPS DPA 8-6-0-0

HB 2309: violent; disorderly assembly; public order

Sponsor: Representative Roberts, LD 11

Caucus & COW

Overview

Classifies violent or disorderly assembly and other offenses associated with violent or disorderly assembly as a class 6 felony.

History

Under current law, the following crimes are classified as a class 1 misdemeanor:

1) Aiming a laser pointer at a peace officer;

2) Criminal damage if the person recklessly damages property of another costing between $250 and $1,000;

3) Obstructing a highway or other public thoroughfare (highway) if the person intentionally interferes with a passage on a highway or entrance into a public forum that results in preventing others from gaining access to a governmental meeting, hearing or campaign event; and

4) The use of fireworks or permissible consumer fireworks on preservation lands owned by a city or town that has purchased more than 15,000 acres of land for preservation purposes (A.R.S. §§ 13-1213, 13-1602, 13-2906, 36-1608).

Additionally, the following crimes are classified as a class 2 misdemeanor:

1) Knowingly maintains or commits a public nuisance or who knowingly fails or refuses to perform any legal duty relating to public nuisance;

2) Obstructing a highway if the person has no legal privilege to do so, recklessly interferes with the passage of any highway by creating an unreasonable inconvenience or hazard, or intentionally activates a pedestrian signal on a highway if the person's reason for activating the signal is to not cross the highway, but to stop the passage of traffic and solicit a driver for donations or business; and

3) Abuse of venerated objects (A.R.S. §§ 13-2906, 13-2917, 13-3703).

Provisions

Violent or Disorderly Assembly

1. Describes violent or disorderly assembly as a person who causes damage to property or injury to another person, with intent to engage in conduct constituting a riot or an unlawful assembly, with seven or more people acting together. (Sec. 6)

2. Classifies violent or disorderly assembly as a class 6 felony. (Sec. 6)

3. Classifies the following offenses as a class 6 felony if the offense occurs while committing violent or disorderly assembly:

a) Aggravated assault on a peace officer; (Sec. 1)

b) Aiming a laser pointer at a peace officer; (Sec. 2)

c) Criminal damage; (Sec. 3)

d) Obstructing a highway; (Sec. 4)

e) Knowingly maintaining or committing a public nuisance or knowingly failing or refusing to perform any legal duty relating to the public nuisance; (Sec. 5)

f) Abuse of venerated objects; and (Sec. 7)

g) The use of fireworks or permissible consumer fireworks. (Sec. 8)

4. Prohibits releasing a person arrested for committing violent or disorderly assembly from custody for 12 hours after the time of the arrest unless a magistrate finds the person is unlikely to resume criminal behavior immediately. (Sec. 6)

5. Requires the arresting officer to officially note the arrest time to establish the beginning of the 12-hour time period. (Sec. 6)

6. Prohibits a person arrested for committing violent or disorderly assembly from receiving any state or local public benefits and being employed by this state or political subdivision of this state, unless otherwise allowed in statute. (Sec. 6)

Aggravated Assault on a Peace Officer

7. Adds assault on a peace officer while committing violent or disorderly assembly to aggravated assault. (Sec. 1)

8. Classifies assault on a peace officer while committing violent or disorderly assembly as a class 6 felony. (Sec. 1)

9. Establishes a minimum imprisonment term of six months in jail for a person convicted of committing aggravated assault while also committing violent or disorderly assembly and makes the person ineligible for probation or sentence suspension until the entire sentence is served. (Sec. 1)

Miscellaneous

10. Defines public benefits. (Sec. 6)

11. Makes technical changes. (Secs. 3, 5, 7, 8)

12. Makes conforming changes (Secs. 4, 7)

Amendments

Committee on Military Affairs & Public Safety

1. Removes the current class 6 felony offense classification for a person who uses fireworks or permissible consumer fireworks in the course of committing violent or disorderly assembly.

2. Classifies as aggravated assault the offense in which a person knowingly and intentionally uses fireworks or permissible consumer fireworks to harm or inflict bodily injury on another person in the course of committing violent or disorderly assembly.

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6. HB 2309

7. Initials ES Page 0 Caucus & COW

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