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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
VETOED
criminal damage; trespassing; critical facilities
Purpose
Classifies interfering with or preventing the performance of a normal function of any utility infrastructure or property, or the intended course or path of any utility service, as aggravated criminal damage.
Background
A person commits aggravated criminal damage by intentionally or
recklessly, without the express permission of the owner: 1) defacing, damaging
or in any way changing the appearance of any building, structure, personal
property or place used for worship or any religious purpose;
2) defacing or damaging any building, structure or place used as a school or as
an educational facility; 3) defacing, damaging or tampering with any cemetery,
mortuary or personal property of the cemetery or mortuary or other facility
used for the purpose of burial or memorializing the dead; or 4) defacing,
damaging or tampering with any utility or agricultural infrastructure or
property, construction site or existing structure for the purpose of obtaining
nonferrous metals. Aggravated criminal damage ranges from a class 6
felony to a class 3 felony, depending on the amount of damage and type of
property or object damaged (A.R.S. § 13-1604).
A person commits criminal damage by: 1) recklessly defacing or
damaging property of another person; 2) recklessly tampering with property of
another person so as substantially to impair its function or value; 3)
recklessly damaging property of a utility; 4) recklessly parking any vehicle in
such a manner as to deprive livestock of access to the only reasonably
available water; 5) recklessly drawing or inscribing a message, slogan, sign or
symbol that is made on any public or private building, structure or surface,
except the ground, and that is made without permission of the owner; or 6)
intentionally tampering with utility property. Criminal damage ranges
from a class 2 misdemeanor to a class 4 felony, based on the amount and type of
damage (A.R.S.
§ 13-1602).
Utility means any enterprise, public or private, that provides gas, electric, irrigation, steam, water, water conservation, sewer or communications services, as well as any common carrier on land, rail, sea or air (A.R.S. § 13-1601).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Classifies interfering with or preventing the performance of a normal function of any utility infrastructure or property, or the intended course or path of any utility service, as aggravated criminal damage.
2. Adds the cost of the loss of a utility service to the list of damages when determining the amount of damage to a property.
3. Becomes effective on the general effective date.
Governor's Veto Message
The Governor indicates in her veto message that interfering with or preventing the performance of a normal function of any utility infrastructure or property is already covered by several state and federal laws.
House Action Senate Action
JUD 1/25/23 DP 5-3-0-0 JUD 3/9/23 DP 6-1-0
3rd Read 2/21/23 36-24-0 3rd Read 4/5/23 16-14-0
Vetoed by the Governor 4/11/23
Prepared by Senate Research
April 17, 2023
ZD/KS/sr