ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature Second Regular Session
	Senate: JUD DPA 7-0-1-0 | 3^rd Read: 28-0-2-0 House: JUD DPA 10-0-0-0

---

SB1633: harassment; aggravated harassment; offense

Sponsor: Senator Kerr, LD 13

House Engrossed

Overview

Modifies the definition of harassment and aggravated harassment.

History

Harassment

A person commits the crime of harassment, a class 1 misdemeanor if that person intends to harass another person while committing specified actions, such as following another person after being asked to stop or making more than one false report to law enforcement or social services.

Harassment is conduct that is directed at a specific person, and that would cause a reasonable person to be seriously alarmed, annoyed or harassed, and the conduct seriously alarms, annoys or harasses the person (A.R.S. § 13-2921).  

Aggravated harassment occurs when a person commits harassment and either of the following apply: 1) the person is violating a served order of protection or injunction against harassment; or 2) the person has previously been convicted of a domestic violence offense (A.R.S. § 13-2021.01).

Conditions of Release

Upon a judicial officer's order to release a defendant on bail or the defendant's own recognizance, the court may impose conditions of that person's release. These conditions may include restricting the person's travel or associates or prohibiting the person from possessing a deadly weapon, engaging in certain activities or indulging in intoxicating liquors or drugs (A.R.S. § 13-3967).

Provisions

1. Specifies an individual commits harassment if by knowingly and repeatedly committing an act or acts that harass another individual or the individual knowingly commit any one of the prescribed acts in a manner that harasses. (Sec. 1)

2. Revises the definition of harass to include conduct directed at another person that causes humiliation or mental distress. (Sec. 1)

3. Specifies this law does not apply to peace officers and investigators acting in their official capacity during an investigation and process servers when acting within the scope of the server's official duties. (Sec. 1)

4. Modifies the definition of aggravated harassment to include a person who commits the crime of harassment while violating a court's condition of release that prohibits contact with the victim. (Sec. 2)

5. Specifies an order of protection or an injunction against harassment is only valid if it was lawfully issued and served or if the order of protection was issued on an emergency basis. (Sec. 2)

6. States a person who commits aggravated harassment by violating a court's imposed condition of release barring contact with a victim is guilty of a class 6 felony. (Sec. 2)

7. Specifies a person that commits a second or subsequent act of aggravated assault is guilty of a class 5 felony. (Sec. 2)

8. Makes technical and conforming changes. (Sec. 1, 2)

9.

10.

11. ---------- DOCUMENT FOOTER ---------

12.                   SB 1633

13. Initials LC/DG/JH Page 0 House Engrossed

14.

15. ---------- DOCUMENT FOOTER ---------