ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature First Regular Session
	Senate: MAPS DPA/SE 4-3-0-0 | 3^rd Read DPA 16-12-2-0 House: MAPS DP 8-7-0-0

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SB 1047: criminal trespass; aiding peace officer

Sponsor: Senator Kavanagh, LD 3

Caucus & COW

Overview

Broadens the definitions of the misdemeanor offences criminal trespass in the third degree and refusing to aid a peace officer.

History

It is classified as criminal trespass in the third degree to knowingly enter or remain unlawfully on:

1) A property after a reasonable request to leave has been made by a law enforcement officer or the owner, or after reasonable notice prohibiting entry; or

2) The tracks, yards, or rolling stock of a railroad company.

This offence is classified as a class 3 misdemeanor (A.R.S. § 13-1502).

Pursuant to A.R.S. § 13-2403, a person commits refusing to aid a peace officer if, upon a reasonable command by a peace officer, he knowingly refuses the peace officer in effectuating an arrest or preventing the commission of an offense by another. This offence is classified as a class 1 misdemeanor.

Provisions

1. Classifies, as criminal trespass in the third degree, a person knowingly entering or remaining in:

a) An area that law enforcement has designated as no trespassing; or

b) A site where law enforcement:

i. is actively intervening into criminal activity; and

ii. has communicated that public access is restricted. (Sec. 1)

2. Classifies, as refusing to aid a peace officer, a person refusing a reasonable command from a peace officer to remain at a reasonable distance from where the peace officer is actively intervening in a dangerous or potentially violent criminal occurrence with another person who is threatening, agitated or apparently unstable. (Sec. 2)

3. Specifies that the reasonable distance is to be determined by the peace officer. (Sec. 2)

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                        SB 1047

Initials NM       Page 0 Caucus & COW

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