HCR2027 - 552R - Senate Fact Sheet

Purpose

Subject to voter approval, effective January 1, 2023, statutorily requires Arizona to pay the difference of $1,000,000 and the sum of any onetime death benefits received from a government entity to the surviving spouse or dependent of a first responder killed in the line of duty. Establishes a two percent surcharge on specified criminal and civil monetary penalties for the purpose of providing funding for the death benefits.

Background

The Public Safety Officers’ Benefits Program (PSOB Program) provides benefits to federal, state and local law enforcement officers, firefighters and emergency medical service members who are killed or permanently and totally disabled as a result of personal injuries sustained in the line of duty. Benefits are also available to officers of correctional facilities
(34 U.S.C. § 10284). The PSOB Program benefit amount for eligible deaths and disabilities occurring on or after October 1, 2021, through September 30, 2022, is $389,825 (U.S. DOJ).

The aggravated assault classification includes a person who commits assault and: 1) causes serious physical injury; 2) uses a deadly weapon or dangerous instrument; or 3) knows or has reason to know that the victim is a peace office, firefighter, emergency medical technician, teacher, judicial officer or other specified profession. The penalty for aggravated assault ranges from a class 6 felony to a class 2 felony, depending on the nature and severity of the offense (A.R.S.
§ 13-1204).

If approved by the voters, H.C.R. 2027 would increase state revenues by establishing a two percent surcharge on specified criminal and civil penalties and would subsequently have an impact to state revenues in an amount depending on the number of first responders killed in the line of duty every year.

Provisions

First Responder Death Benefit and Surcharge (Effective January 1, 2023)

1. Requires Arizona to pay the surviving spouse or dependent of a first responder killed in the line of duty, in addition to any other death benefit, the difference of $1,000,000 and the sum of the amounts received from any onetime death benefit that is paid by a governmental entity.

2. Establishes a two percent surcharge to be levied on:

a) every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses;

b) any civil penalty imposed and collected for civil traffic violations; and

c) any fine, penalty or forfeiture for a violation of motor vehicle statutes, local ordinances relating to vehicle operation and appropriate game and fish statutes.

3. Defines first responder as:

a) a peace officer; or

b) a firefighter, fire investigator, fire inspector, emergency medical technician or paramedic engaged in the execution of any official duties (fire or EMT professional).

4. Defines killed in the line of duty as a first responder's death as the result of another person's criminal act.

5. Requires appropriate authorities to transmit revenues from the two percent surcharge to the State Treasurer by the 15th day of each month for deposit in the State Supplemental Benefit Fund (Fund).

6. Establishes the Fund, consisting of monies collected from the two percent surcharge to be administered by the State Treasurer.

7. Specifies that monies in the Fund are continuously appropriated.

Aggravated Assault Against First Responders

8. Classifies, as aggravated assault, committing assault against a first responder, rather than a peace officer, while knowing or having reason to know that the victim is a first responder.

9. Removes, from the aggravated assault classification, committing assault against a person summoned or directed by a fire or EMT professional while engaged in the execution of any official duties.

10. Increases, from a class 3 felony to a class 2 felony, aggravated assault against a fire or EMT professional that causes serious physical injury or involves the use of a deadly weapon or dangerous instrument.

11. Increases, from a class 4 felony to a class 3 felony, aggravated assault against a fire or EMT professional by any means of force that causes temporary but substantial disfigurement, loss or impairment of any body organ or part or a fracture of any body part.

12. Increases, from a class 5 felony to a class 4 felony, aggravated assault against a first responder, rather than only a peace officer, if the person knows or has reason to know that the victim is a first responder.

13. Increases, from a class 4 felony to a class 3 felony, aggravated assault against a first responder, rather than only a peace officer, if the person knows the victim is a first responder and the assault results in any physical injury.

14. Classifies, as aggravated assault, a person knowingly taking or attempting to exercise control over a first responder's firearm, any weapon other than a firearm or any defined implement being used by the first responder, rather than only a peace officer's firearm or other object, if the person knows the victim is a first responder.

Miscellaneous

15. Contains a legislative findings and intent clause.

16. Contains a severability clause.

17. Cites this legislation as the Back the Blue Act.

18. Makes technical and conforming changes.

19. Requires the Secretary of State to submit the proposition to the voters at the next general election.

20. Becomes effective if approved by the voters and on proclamation of the Governor, with a delayed effective date as noted.

Amendments Adopted by Committee

1. Adopted the strike-everything amendment.

2. Delays the effective date of the death benefit and the two percent surcharge until January 1, 2023.

Senate Action

APPROP 3/29/22 DPA/SE 9-1-0

Prepared by Senate Research

March 30, 2022

ZD/sr/slp