ARIZONA STATE SENATE
|
ZACK DEAN |
|
LEGISLATIVE RESEARCH ANALYST MILITARY AFFAIRS, PUBLIC SAFETY & BORDER SECURITY COMMITTEE Telephone: (602) 926-3171 |
RESEARCH STAFF
TO: MEMBERS OF THE SENATE
MILITARY AFFAIRS, PUBLIC SAFETY & BORDER SECURITY COMMITTEE
DATE: February 6, 2023
SUBJECT: Strike everything amendment to S.B. 1047, relating to law enforcement
Purpose
Expands the criminal classifications of third degree criminal trespass and refusing to aid a peace officer.
Background
A person commits third degree criminal trespass by: 1) knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by a law enforcement officer, the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry; or 2) knowingly entering or remaining unlawfully on the right-of-way of tracks, or the storage or switching yards or rolling stock of a railroad company. Third degree criminal trespass is a class 3 misdemeanor (A.R.S. § 13-1502).
A person commits interfering with a crime scene investigation if the person knowingly disobeys a peace officer's reasonable verbal order to remain off the premises of a possible crime scene or otherwise interferes with a peace officer's crime scene investigation. In this case a crime scene means an area where a crime has possibly occurred and a peace officer who is on-site has determined that it is necessary to restrict the public's access to the area until any potential evidence of the crime at the scene is identified and preserved, victims and suspects are identified and, if necessary, any emergency medical care and ambulance transportation is requested. Interfering with a crime scene investigation is a class 2 misdemeanor (A.R.S. § 13-2413).
A person commits refusing to aid a peace officer if, upon reasonable command by a person reasonably known to be a peace officer, the person knowingly refuses or fails to aid the peace officer with effectuating or securing an arrest or preventing the commission of any offense by another person. Refusing to aid a peace officer is a class 1 misdemeanor (A.R.S. § 13-2403).
A class 1 misdemeanor carries a jail sentence not to exceed six months and a fine not to exceed $2,500, as determined by the court. A class 2 misdemeanor carries a jail sentence not to exceed four months and a fine not to exceed $750, as determined by the court. A class 3 misdemeanor carries a jail sentence not to exceed 30 days and a fine not to exceed $500, as determined by the court (A.R.S. §§ 13-707 and 13-802).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Classifies, as third degree criminal trespass, knowingly entering or remaining in any of the following locations without lawful authority:
a) in an area that law enforcement designates as "no trespassing" by placing police tape, a barrier or barricade; or
b) at the site of a natural disaster, a traffic accident or another type of accident, a civil disturbance or an active police investigation or at a site where there is active police intervention into criminal activity.
2. Classifies, as refusing to aid a peace officer, refusing to remain at a reasonable distance, as determined by the peace officer, from the location where the peace officer is actively intervening in a dangerous or potentially violent criminal occurrence with another person who is threatening or agitated or who appears to be emotionally unstable.
3. Makes technical changes.
4. Becomes effective on the general effective date.
