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REFERENCE TITLE: chemical agents; prohibited uses; police |
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State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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HB 2385 |
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Introduced by Representatives Hernandez M: Aguilar, Travers
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An Act
amending section 13-2902, Arizona Revised Statutes; amending title 13, chapter 38, article 1, Arizona Revised Statutes, by adding section 13-3805; relating to peace officers.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-2902, Arizona Revised Statutes, is amended to read:
13-2902. Unlawful assembly; prohibited order; classification
A. A person commits unlawful assembly by:
1. Assembling with two or more other persons with the intent to engage in conduct constituting a riot as defined in section 13-2903; or
2. Being present at an assembly of two or more other persons who are engaged in or who have the readily apparent intent to engage in conduct constituting a riot as defined in section 13-2903 and knowingly remaining there and refusing to obey an official order to disperse.
B. A peace officer or law enforcement agency may not order a person to disperse pursuant to this section for the sole purpose of punishing a person who is exercising a constitutionally protected right to engage in expressive activity.
B. C. Unlawful assembly is a class 1 misdemeanor.
Sec. 2. Title 13, chapter 38, article 1, Arizona Revised Statutes, is amended by adding section 13-3805, to read:
13-3805. Prohibited use of chemical agent by a peace officer; definition
A. Unless a peace officer is acting pursuant to section 13-409 or 13-410, a peace officer may not do any of the following:
1. Use a chemical agent, by any method of deployment, against any person who is engaged in expressive, nonviolent activity unless there is probable cause to arrest the person and without first issuing a clear and unambiguous warning that the person is subject to arrest and that a chemical agent will be used and providing the person with a sufficient opportunity to heed the warning and comply with the peace officer's command.
2. Use or threaten to use a chemical agent, by any method of deployment, against a person who is engaged in expressive, nonviolent activity to punish the person for exercising a constitutional right.
3. Issue an order or use a chemical agent, by any method of deployment, to disperse persons who are engaged in expressive, nonviolent activity without first doing all of the following:
(a) specifying, with reasonable particularity, the area that is subject to the dispersal order.
(b) issuing an audible and unambiguous order in a manner that is designed to notify all persons who are within the area that is subject to the dispersal order.
(c) providing sufficient warnings of the consequences of failing to disperse, including, when applicable, that a chemical agent will be used.
(d) providing a sufficient and announced amount of time that is proximately related to the issuance of the dispersal order in which to heed the warnings and exit the area.
(e) announcing and ensuring a means of safe egress from the area that is actually available to all persons in the area.
B. For the purposes of this section, "chemical agent" includes mace, oleoresin capsicum spray or mist, pepper spray, pepper gas, tear gas, skunk, inert smoke, pepper pellets and xylyl bromide.