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ARIZONA HOUSE OF REPRESENTATIVESFifty-sixth Legislature First Regular Session |
House: MAPS DP 15-0-0-0-0 |
HB 2478: aggravated assault; law enforcement employees
Sponsor: Representative Payne, LD 27
Caucus & COW
Overview
Broadens the list of aggravated assault victims to include an employee of a law enforcement agency engaged in official duties.
History
Assault occurs when a person causes physical injury to another person, a person touches another with the intent to injure or a person places another in imminent danger of physical injury (A.R.S. § 13-1203). For sentencing and classification purposes, some crimes have mitigating or aggravating circumstances that either increase or decrease the severity of the crime.
Aggravated assault occurs when someone commits an assault involving specific factors and circumstances. Knowingly assaulting a peace officer is an aggravating factor that constitutes a class 5 felony except that:
1) If the person causes serious physical injury or uses a deadly weapon, it is a class 2 felony;
2) If the person causes temporary but substantial disfigurement or impairment of an organ or a fracture, it is a class 3 felony; and
3) If the assault results in any physical injury, it is a class 4 felony (A.R.S. § 13-1204).
Provisions
1. Expands the definition of aggravated assault to include a person knowingly assaulting an employee of a law enforcement agency while engaged in the execution of official duties. (Sec. 1)
2. Classifies knowing assault of an employee of a law enforcement agency as a class 5 felony except that:
a) If the person causes serious physical injury or uses a deadly weapon, it is a class 2 felony;
b) If the person causes temporary but substantial disfigurement or impairment of an organ or a fracture, it is a class 3 felony; and
c) If the assault results in any physical injury, it is a class 4 felony. (Sec. 1)
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HB 2478
Initials NM Page 0 Caucus & COW
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