ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

House: JUD DP 5-3-0-0-0 | 3rd Read DPA 36-24-0-0-0

Senate: JUD DP 6-1-0-0 | 3rd Read DP 16-14-0-0-0

HB 2212: criminal damage; trespassing; critical facilities

Sponsor: Representative Griffin, LD 19

Vetoed

Overview

Establishes liability for aggravated criminal damage if a person interferes or prevents the performance of a normal function of utility infrastructure or property or the intended course or path of any utility service.

History

A person can commit aggravated criminal damage by intentionally or recklessly defacing, damaging or tampering with any utility infrastructure or property, construction site or existing structure for the purpose of obtaining nonferrous metals. This offense is classified as follows:

1)   A class 3 felony if the person causes $10,000 or more in damages to the property;

2)   A class 4 felony if the person causes $1,500 or more but less than $10,000 in damages to the property; and

3)   A class 5 felony in all other cases.

The following variables must be considered in determining the amount of damages to property:

1)   The cost of repair or replacement of the property that was damaged;

2)   The cost of the loss of crops and livestock;

3)   Reasonable labor costs of any kind;

4)   Reasonable material costs of any kind; and

5)   Reasonable costs that are attributed to equipment that is used to abate or repair the damage to the property (A.R.S. § 13-1604).

The terms damaging, defacing, tampering with utility property and utility are all defined in statute for purposes of criminal damage and aggravated criminal damage (A.R.S. § 13-1601).

Provisions☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

1.   Imposes criminal liability for aggravated criminal damage if a person interferes with or prevents the performance of a normal function of utility infrastructure or property or the intended course or path of any utility service and classifies the offense as follows:

a)   A class 3 felony if the person causes $10,000 or more in damages to the property;

b)   A class 4 felony if the person causes $1,500 or more but less than $10,000 in damages to the property; and

c)   A class 5 felony in all other cases. (Sec. 1)

2.   Includes the cost of the loss of the utility service among other variables that must be considered in determining the amount of damage to property for purposes of aggravated criminal damage. (Sec. 1)

3.   Makes technical changes. (Sec. 1)

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7.                     HB 2212

8.   Initials JL   Page 0 Vetoed

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