REFERENCE TITLE: justification; criminal offenses.

 

 

 

 

State of Arizona

House of Representatives

Fifty-sixth Legislature

First Regular Session

2023

 

 

 

HB 2088

 

Introduced by

Representative Payne

 

 

 

 

 

 

 

 

An Act

 

amending section 13-401, Arizona Revised Statutes; relating to justification.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 13-401, Arizona Revised Statutes, is amended to read:

START_STATUTE13-401. Unavailability of justification defense; justification as defense

A. Even though a person is justified under this chapter in threatening or using physical force or deadly physical force against another, if in doing so such person recklessly injures or kills an innocent third person, the justification afforded by this chapter is unavailable in a prosecution for the reckless injury or killing of the innocent third person.

B. Except as provided in subsection A of this section, justification, as defined prescribed in this chapter, is a defense in any prosecution for an a criminal offense pursuant to this title. END_STATUTE