ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature Second Regular Session
	House: JUD DP 6-3-1-0

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HB 2251: lasers; assault; peace officers; penalty

Sponsor: Representative Finchem, LD 11

Caucus & COW

Overview

Modifies the classification of aggravated assault to include the use of a laser pointer against a peace officer.

History

Generally, assault occurs when a person causes physical injury to another person, whether intentionally or recklessly (A.R.S. § 13-1203). For sentencing and classification purposes, some crimes have mitigating or aggravating circumstances that either increase or decrease the severity of the crime. An assault committed against a peace officer is an aggravating circumstance, therefore an assault on a peace officer is classified as aggravated assault (A.R.S. § 13-1204).

Aiming a laser pointer or laser emitting device at a peace officer is unlawful and constitutes a class 1 misdemeanor. Statute defines laser pointer or laser emitting device as any device that is designed or used to amplify electromagnetic radiation by stimulation emission that emits a beam designed to be used by the operator as a pointer to indicate, mark or identify a specific place, item or object (A.R.S. § 13-1213).

Provisions

1. States aggravated assault includes using a laser pointer or laser emitting device against a peace officer. (Sec. 1)

2. Classifies the use of a laser pointer against a peace officer as the following:

a) Class 5 felony with a mandatory minimum sentence of 1.5 years. (Sec. 1)

b) Class 4 felony if the peace officer suffers an injury and carries a mandatory minimum sentence of 2.5 years. (Sec. 1)

3. Specifies laser pointer or laser emitting device has the same meaning as defined in statute. (Sec. 1)

4. Makes a conforming change. (Sec. 1)

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8.                   HB 2251

9. Initials LC/JH        Page 0 Caucus & COW

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