ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature First Regular Session
	Senate: JUD DP 5-2-0-0 | 3^rd Read DPA 24-5-1-0-0 House: JUD DPA 7-0-0-1-0-0 | 3^rd Read DPA 42-10-7-0-1

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SB 1023: residential picketing; offense

Sponsor: Senator Kavanagh, LD 3

Conference Committee

Overview

Modifies the elements of the criminal offense of residential picketing.

History

Under current law, a person commits residential picketing by intentionally engaging in, with the intent to harass, annoy or alarm another person, picketing or otherwise demonstrating before or about an individual's residence or dwelling place that is not also used as the individual's principal place of business (A.R.S. § 13-2909). This offense is classified as a class 3 misdemeanor, meaning that it carries a maximum prison sentence of 30 days and a civil penalty of not more than $500 (A.R.S. §§ 13-707, 13-802 and 13-2909).

Intentionally or with the intent to is defined in statute, along with the other culpable mental states referenced throughout the criminal code (A.R.S. § 13-105).

Provisions

1. Changes the elements of the offense of residential picketing by providing that a person commits the offense if the person intentionally engages in picketing or otherwise demonstrates before or about an individual's residence or dwelling place that is not also used as the individual's principal place of business and both of the following apply:

a) The picketing or demonstrating is intentionally directed at a person who resides in the residence; and

b) A reasonable person would find the person's picketing or demonstrating to be harassing, threatening or alarming to a person in the residence or dwelling place. (Sec. 1)

2. Makes technical and conforming changes. (Sec. 1)

Conference Committee Amendments

1. Modifies language by requiring the picketing or demonstrating be intentionally directed at a person who resides in the residence or dwelling place, rather than a person located in the residence or dwelling place at the time of the picketing or demonstrating.

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5.                   SB 1023

6. Initials JL   Page 0 Conference Committee

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