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

House Engrossed

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)   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteObstructing 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)   Committing assault while using fireworks or permissible consumer fireworks. (Sec. 1)

Aggravated Assault

4.   Adds assault on a peace officer and assault using fireworks or permissible consumer fireworks while committing violent or disorderly assembly to aggravated assault. (Sec. 1)

5.   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

6.   Defines public benefits. (Sec. 6)

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

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

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

 

 

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                        HB 2309

Initials ES       Page 0 House Engrossed

 

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