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Senate Engrossed
interfering with law enforcement; offense (now: criminal trespass; aiding peace officer) |
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State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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SENATE BILL 1047 |
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An Act
amending sections 13-1502 and 13-2403, Arizona Revised Statutes; relating to the criminal code.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-1502, Arizona Revised Statutes, is amended to read:
13-1502. Criminal trespass in the third degree; classification
A. A person commits criminal trespass in the third degree 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.
2. Knowingly entering or remaining unlawfully on the right-of-way for tracks, or the storage or switching yards or rolling stock of a railroad company.
3. Without lawful authority, knowingly entering or remaining in any of the following locations:
(a) In an area that law enforcement designates as "no trespassing" by placing police tape, a barrier or a barricade.
(b) At a site where there is active law enforcement intervention into criminal activity and law enforcement communicates that public access is restricted, including at the site of a natural disaster, a traffic accident or another type of accident, a civil disturbance or an active law enforcement investigation.
B. Pursuant to subsection A, paragraph 1 of this section, a request to leave by a law enforcement officer acting at the request of the owner of the property or any other person having lawful control over the property has the same legal effect as a request made by the property owner or other person having lawful control of the property.
C. Criminal trespass in the third degree is a class 3 misdemeanor.
Sec. 2. Section 13-2403, Arizona Revised Statutes, is amended to read:
13-2403. Refusing to aid a peace officer; classification
A. A person commits refusing to aid a peace officer if, upon on a reasonable command by a person reasonably known to be a peace officer, such the person knowingly refuses or fails to aid such the peace officer in with any of the following:
1. Effectuating or securing an arrest. ; or
2. Preventing the commission by another of any offense.
3. Remaining 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.
B. A person who complies with this section by aiding a peace officer shall not be held liable to any person for damages resulting therefrom, provided such if the person acted reasonably under the circumstances known to him the person at the time.
C. Refusing to aid a peace officer is a class 1 misdemeanor.