PREFILED DEC 22 2021
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REFERENCE TITLE: riot; unlawful assembly; classification; liability |
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State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
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SB 1033 |
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Introduced by Senator Rogers
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AN ACT
amending title 13, chapter 7, Arizona Revised Statutes, by adding section 13-719; amending sections 13-1204 and 13-1508, Arizona Revised Statutes; amending title 13, chapter 29, Arizona Revised Statutes, by adding section 13-2925; amending section 13-3703, Arizona Revised Statutes; amending title 13, chapter 38, article 1, Arizona Revised Statutes, by adding section 13-3805; relating to riots and unlawful assemblies.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 7, Arizona Revised Statutes, is amended by adding section 13-719, to read:
13-719. Offenses committed in furtherance of a riot or an unlawful assembly
A person who is convicted of any offense that is committed in furtherance of a riot or an unlawful assembly shall be sentenced to the next higher class of offense than that for which the person currently is convicted.
Sec. 2. Section 13-1204, Arizona Revised Statutes, is amended to read:
13-1204. Aggravated assault; classification; definitions
A. A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances:
1. If the person causes serious physical injury to another.
2. If the person uses a deadly weapon or dangerous instrument.
3. If the person commits the assault by any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part or a fracture of any body part.
4. If the person commits the assault while the victim is bound or otherwise physically restrained or while the victim's capacity to resist is substantially impaired.
5. If the person commits the assault after entering the private home of another with the intent to commit the assault.
6. If the person is eighteen years of age or older and commits the assault on a minor under fifteen years of age.
7. If the person commits assault as prescribed by section 13-1203, subsection A, paragraph 1 or 3 and the person is in violation of an order of protection issued against the person pursuant to section 13-3602 or 13-3624.
8. If the person commits the assault knowing or having reason to know that the victim is any of the following:
(a) A peace officer or a person summoned and directed by the officer.
(b) A constable or a person summoned and directed by the constable while engaged in the execution of any official duties or if the assault results from the execution of the constable's official duties.
(c) A firefighter, fire investigator, fire inspector, emergency medical technician or paramedic engaged in the execution of any official duties or a person summoned and directed by such individual while engaged in the execution of any official duties or if the assault results from the execution of the official duties of the firefighter, fire investigator, fire inspector, emergency medical technician or paramedic.
(d) A teacher or other person employed by any school and the teacher or other employee is on the grounds of a school or grounds adjacent to the school or is in any part of a building or vehicle used for school purposes, any teacher or school nurse visiting a private home in the course of the teacher's or nurse's professional duties or any teacher engaged in any authorized and organized classroom activity held on other than school grounds.
(e) A health care practitioner who is certified or licensed pursuant to title 32, chapter 13, 15, 17 or 25, or a person summoned and directed by the licensed health care practitioner while engaged in the person's professional duties. This subdivision does not apply if the person who commits the assault is seriously mentally ill, as defined in section 36-550, or is afflicted with alzheimer's disease or related dementia.
(f) A prosecutor while engaged in the execution of any official duties or if the assault results from the execution of the prosecutor's official duties.
(g) A code enforcement officer as defined in section 39-123 while engaged in the execution of any official duties or if the assault results from the execution of the code enforcement officer's official duties.
(h) A state or municipal park ranger while engaged in the execution of any official duties or if the assault results from the execution of the park ranger's official duties.
(i) A public defender while engaged in the execution of any official duties or if the assault results from the execution of the public defender's official duties.
(j) A judicial officer while engaged in the execution of any official duties or if the assault results from the execution of the judicial officer's official duties.
9. If the person knowingly takes or attempts to exercise control over any of the following:
(a) A peace officer's or other officer's firearm and the person knows or has reason to know that the victim is a peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection.
(b) Any weapon other than a firearm that is being used by a peace officer or other officer or that the officer is attempting to use, and the person knows or has reason to know that the victim is a peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection.
(c) Any implement that is being used by a peace officer or other officer or that the officer is attempting to use, and the person knows or has reason to know that the victim is a peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection. For the purposes of this subdivision, "implement" means an object that is designed for or that is capable of restraining or injuring an individual. Implement does not include handcuffs.
10. If the person meets both of the following conditions:
(a) Is imprisoned or otherwise subject to the custody of any of the following:
(i) The state department of corrections.
(ii) The department of juvenile corrections.
(iii) A law enforcement agency.
(iv) A county or city jail or an adult or juvenile detention facility of a city or county.
(v) Any other entity that is contracting with the state department of corrections, the department of juvenile corrections, a law enforcement agency, another state, any private correctional facility, a county, a city or the federal bureau of prisons or other federal agency that has responsibility for sentenced or unsentenced prisoners.
(b) Commits an assault knowing or having reason to know that the victim is acting in an official capacity as an employee of any of the entities listed in subdivision (a) of this paragraph.
11. If the person uses a simulated deadly weapon.
12. If the person commits the assault on a peace officer in the furtherance of a riot or an unlawful assembly.
B. A person commits aggravated assault if the person commits assault by either intentionally, knowingly or recklessly causing any physical injury to another person, intentionally placing another person in reasonable apprehension of imminent physical injury or knowingly touching another person with the intent to injure the person, and both of the following occur:
1. The person intentionally or knowingly impedes the normal breathing or circulation of blood of another person by applying pressure to the throat or neck or by obstructing the nose and mouth either manually or through the use of an instrument.
2. Any of the circumstances exists that are set forth in section 13-3601, subsection A, paragraph 1, 2, 3, 4, 5 or 6.
C. A person who is convicted of intentionally or knowingly committing aggravated assault on a peace officer pursuant to subsection A, paragraph 1 or 2 of this section shall be sentenced to imprisonment for not less than the presumptive sentence authorized under chapter 7 of this title and is not eligible for suspension of sentence, commutation or release on any basis until the sentence imposed is served. A person who is convicted of committing aggravated assault on a peace officer pursuant to subsection A, paragraph 12 of this section shall be sentenced to serve not less than the minimum sentence and is not eligible for probation or suspension of execution of sentence until the entire sentence is served.
D. It is not a defense to a prosecution for assaulting a peace officer or a mitigating circumstance that the peace officer was not on duty or engaged in the execution of any official duties.
E. Except pursuant to subsections F and G of this section, aggravated assault pursuant to subsection A, paragraph 1 or 2, paragraph 9, subdivision (a) or paragraph 11 of this section is a class 3 felony except if the aggravated assault is a violation of subsection A, paragraph 1 or 2 of this section and the victim is under fifteen years of age it is a class 2 felony punishable pursuant to section 13-705. Aggravated assault pursuant to subsection A, paragraph 3 or subsection B of this section is a class 4 felony. Aggravated assault pursuant to subsection A, paragraph 9, subdivision (b) or paragraph 10 of this section is a class 5 felony. Aggravated assault pursuant to subsection A, paragraph 4, 5, 6, 7 or 8, or paragraph 9, subdivision (c) or paragraph 12 of this section is a class 6 felony.
F. Aggravated assault pursuant to subsection A, paragraph 1 or 2 of this section committed on a peace officer is a class 2 felony. Aggravated assault pursuant to subsection A, paragraph 3 of this section committed on a peace officer is a class 3 felony. Aggravated assault pursuant to subsection A, paragraph 8, subdivision (a) of this section committed on a peace officer is a class 5 felony unless the assault results in any physical injury to the peace officer, in which case it is a class 4 felony.
G. Aggravated assault pursuant to:
1. Subsection A, paragraph 1 or 2 of this section is a class 2 felony if committed on a prosecutor.
2. Subsection A, paragraph 3 of this section is a class 3 felony if committed on a prosecutor.
3. Subsection A, paragraph 8, subdivision (f) of this section is a class 5 felony if the assault results in physical injury to a prosecutor.
H. For the purposes of this section:
1. "Judicial officer" means a justice of the supreme court, judge, justice of the peace or magistrate or a commissioner or hearing officer of a state, county or municipal court.
2. "Prosecutor" means a county attorney, a municipal prosecutor or the attorney general and includes an assistant or deputy county attorney, municipal prosecutor or attorney general.
Sec. 3. Section 13-1508, Arizona Revised Statutes, is amended to read:
13-1508. Burglary in the first degree; classification
A. A person commits burglary in the first degree if such the person or an accomplice violates the provisions of either section 13-1506 or 13-1507 and either:
1. Knowingly possesses explosives, a deadly weapon or a dangerous instrument in the course of committing any theft or any felony.
2. Commits the burglary during a riot and the perpetration of the burglary is facilitated by conditions arising from the riot. For the purposes of this paragraph, "conditions arising from the riot" means civil unrest, power outages, curfews or a reduction in the presence of or response time for first responders.
B. Burglary in the first degree of a nonresidential structure or a fenced commercial or residential yard is a class 3 felony. It is a class 2 felony if committed in a residential structure.
Sec. 4. Title 13, chapter 29, Arizona Revised Statutes, is amended by adding section 13-2925, to read:
13-2925. Mob intimidation; classification
A. a person commits mob intimidation if the person, assembled with two or more other persons and acting with a common intent, uses force or threatens to use imminent force to compel or induce, or attempt to compel or induce, another person to do or refrain from doing any act or to assume, abandon or maintain a particular viewpoint against the person's will.
B. Mob intimidation is a class 1 misdemeanor.
Sec. 5. Section 13-3703, Arizona Revised Statutes, is amended to read:
13-3703. Abuse of venerated objects; classification; definitions
A. A person commits abuse of venerated objects by intentionally:
1. Desecrating any public monument, memorial or property of a public park; or
2. In any manner likely to provoke immediate physical retaliation:
(a) Exhibiting or displaying, placing or causing to be placed any word, figure, mark, picture, design, drawing or advertisement of any nature upon on a flag or exposing or causing to be exposed to public view a flag upon on which there is printed, painted or otherwise produced or to which there is attached, appended or annexed any word, figure, mark, picture, design, drawing or advertisement; or
(b) Exposing to public view, manufacturing, selling, offering to sell, giving or having in possession for any purpose any article of merchandise or receptacle for holding or carrying merchandise upon on or to which there is printed, painted, placed or attached any flag in order to advertise, call attention to, decorate, mark or distinguish the article or substance; or
(c) Casting contempt upon on, mutilating, defacing, defiling, burning, trampling or otherwise dishonoring or causing to bring dishonor upon on a flag.
B. The provisions of This section shall does not apply to:
1. Any act permitted allowed by a statute of the United States; or
2. Any act permitted allowed by United States military regulations; or
3. Any act where the United States government has granted permission for the use of such flag; or
4. A newspaper, periodical, book, pamphlet, circular, certificate, diploma, warrant, commission of appointment to office, ornament, picture, badge or stationery on which shall be printed, painted or placed such flag and which is disconnected from any advertisement for the purpose of sale, barter or trade.
D. C. Abuse of venerated objects pursuant to subsection A, paragraph 1 of this section is a class 6 felony. Abuse of venerated objects pursuant to subsection A, paragraph 2 of this section is a class 2 misdemeanor.
C. D. For the purposes of this section:
1. "Desecrate" means defacing, damaging, polluting or otherwise doing a physical act in a manner likely to provoke immediate physical retaliation.
2. "Flag" means any emblem, banner or other symbol, of any size, composed of any substance or represented on any substance that evidently purports to be the flag of the United States or of this state.
Sec. 6. Title 13, chapter 38, article 1, Arizona Revised Statutes, is amended by adding section 13-3805, to read:
13-3805. Duty to protect during riot or unlawful assembly; civil liability
A city or town has a duty to allow a city or town law enforcement agency to respond appropriately to protect persons and property during a riot or unlawful assembly based on the availability of adequate equipment to its city and town law enforcement officers and relevant state and federal laws. Notwithstanding sections 12-820.01 and 12-820.02, If the city's or town's governing body or a person who is authorized by the city's or town's governing body breaches that duty, the city or town is liable in a civil action for any damages, including damages arising from personal injury, wrongful death or property damages proximately caused by the city's or town's breach of duty.