SCR1006 - 561R

Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:

1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to first responders, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:

AN ACT

Amending sections 12-116.01 and 13-1204, Arizona Revised Statutes; Amending Title 38, chapter 8, Arizona Revised Statutes, by adding article 4; repealing title 38, chapter 8, article 4, Arizona Revised Statutes; amending section 41-1730, Arizona Revised Statutes; relating to first responders.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 12-116.01, Arizona Revised Statutes, is amended to read:

START_STATUTE12-116.01. Surcharges; remittance reports; fund deposits

A. In addition to any penalty provided by law, a surcharge shall be levied in an amount of forty-two percent on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17.

B. In addition to any penalty provided by law, a surcharge shall be levied in an amount of seven percent on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17.

C. Beginning on the effective date of this amendment to this section through December 31, 2032, in addition to any penalty provided by law, a surcharge shall be levied in an amount of two percent on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses.

C. D. In addition to any penalty provided by law, a surcharge shall be levied in an amount of six percent, on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17.

D. E. If any deposit of bail or bond or deposit for an alleged civil traffic violation is to be made for a violation, the court shall require a sufficient amount to include the surcharge prescribed in this section for forfeited bail, bond or deposit. If bail, bond or deposit is forfeited, the court shall transmit the amount of the surcharge pursuant to subsection G H of this section. If bail, bond or deposit is returned, the surcharge made pursuant to this article shall also be returned.

E. F. After addition of the surcharge, the courts may round the total amount due to the nearest one-quarter dollar $.25.

F. G. The surcharge surcharges imposed by this section shall be applied to the base fine, civil penalty or forfeiture and not to any other surcharge imposed.

G. H. After a determination by the court of the amount due, the court shall transmit, on the last day of each month, the surcharges collected pursuant to subsections A, B, C, and D and E of this section and a remittance report of the fines, civil penalties, assessments and surcharges collected pursuant to subsections A, B, C, and D and E of this section to the county treasurer, except that municipal courts shall transmit the surcharges and the remittance report of the fines, civil penalties, assessments and surcharges to the city treasurer.

H. I. The appropriate authorities specified in subsection G H of this section shall transmit the surcharge prescribed in subsection A of this section and the remittance report as required in subsection G H of this section to the state treasurer on or before the fifteenth day of each month for deposit in the criminal justice enhancement fund established by section 41-2401.

I. J. The appropriate authorities specified in subsection G H of this section shall transmit the seven percent surcharge prescribed in subsection B of this section and the remittance report as required in subsection G H of this section to the state treasurer on or before the fifteenth day of each month for allocation pursuant to section 41-2421, subsection J.

K. Beginning on the effective date of this amendment to this section THROUGH December 31, 2032, the appropriate authorities specified in subsection H of this section shall transmit the two percent surcharge prescribed in subsection C of this section and the remittance report as required in subsection H of this section to the state treasurer on or before the fifteenth day of each month for deposit, pursuant to sections 35-146 and 35-147, in the state supplemental benefit fund established by section 38-1173.

J. L. The appropriate authorities specified in subsection G H of this section shall transmit the surcharge prescribed in subsection C D of this section and the remittance report as required in subsection G H of this section to the state treasurer on or before the fifteenth day of each month for deposit in the department of public safety forensics fund established by section 41-1730.

K. M. Partial payments of the amount due shall be transmitted as prescribed in subsections G, H, I, and J, K and L of this section and shall be divided according to the proportion that the civil penalty, fine, bail or bond and the surcharge represent of the total amount due. END_STATUTE

Sec. 2. Section 13-1204, Arizona Revised Statutes, is amended to read:

START_STATUTE13-1204. Aggravated assault; classification; definitions

A. A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances:

1. If the person causes serious physical injury to another.

2. If the person uses a deadly weapon or dangerous instrument.

3. If the person commits the assault by any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part or a fracture of any body part.

4. If the person commits the assault while the victim is bound or otherwise physically restrained or while the victim's capacity to resist is substantially impaired.

5. If the person commits the assault after entering the private home of another with the intent to commit the assault.

6. If the person is eighteen years of age or older and commits the assault on a minor under fifteen years of age.

7. If the person commits assault as prescribed by section 13-1203, subsection A, paragraph 1 or 3 and the person is in violation of an order of protection issued against the person pursuant to section 13-3602 or 13-3624.

8. If the person commits the assault knowing or having reason to know that the victim is any of the following:

(a) A peace officer first responder or a person summoned and directed by the officer first responder.

(b) A constable or a person summoned and directed by the constable while engaged in the execution of any official duties or if the assault results from the execution of the constable's official duties.

(c) A firefighter, fire investigator, fire inspector, emergency medical technician or paramedic engaged in the execution of any official duties or a person summoned and directed by such individual while engaged in the execution of any official duties or if the assault results from the execution of the official duties of the firefighter, fire investigator, fire inspector, emergency medical technician or paramedic.

(d) (c) A teacher or other person employed by any school and the teacher or other employee is on the grounds of a school or grounds adjacent to the school or is in any part of a building or vehicle used for school purposes, any teacher or school nurse visiting a private home in the course of the teacher's or nurse's professional duties or any teacher engaged in any authorized and organized classroom activity held on other than school grounds.

(e) (d) A health care worker while engaged in the health care worker's work duties or a health care practitioner who is certified or licensed pursuant to title 32, chapter 13, 14, 15, 17 or 25, or a person summoned and directed by the licensed health care practitioner while engaged in the person's professional duties. This subdivision does not apply if the person who commits the assault does not have the ability to form the culpable mental state because of a mental disability or because the person is seriously mentally ill, as defined in section 36-550.

(f) (e) A prosecutor while engaged in the execution of any official duties or if the assault results from the execution of the prosecutor's official duties.

(g) (f) A code enforcement officer as defined in section 39-123 while engaged in the execution of any official duties or if the assault results from the execution of the code enforcement officer's official duties.

(h) (g) A state or municipal park ranger while engaged in the execution of any official duties or if the assault results from the execution of the park ranger's official duties.

(i) (h) A public defender while engaged in the execution of any official duties or if the assault results from the execution of the public defender's official duties.

(j) (i) A judicial officer while engaged in the execution of any official duties or if the assault results from the execution of the judicial officer's official duties.

9. If the person knowingly takes or attempts to exercise control over any of the following:

(a) A peace officer's first responder's or other officer's firearm and the person knows or has reason to know that the victim is a peace officer first responder or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection.

(b) Any weapon other than a firearm that is being used by a peace officer first responder or other officer or that the first responder or other officer is attempting to use, and the person knows or has reason to know that the victim is a peace officer first responder or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection.

(c) Any implement that is being used by a peace officer first responder or other officer or that the first responder or other officer is attempting to use, and the person knows or has reason to know that the victim is a peace officer first responder or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection. For the purposes of this subdivision, "implement" means an object that is designed for or that is capable of restraining or injuring an individual. Implement does not include handcuffs.

10. If the person meets both of the following conditions:

(a) Is imprisoned or otherwise subject to the custody of any of the following:

(i) The state department of corrections.

(ii) The department of juvenile corrections.

(iii) A law enforcement agency.

(iv) A county or city jail or an adult or juvenile detention facility of a city or county.

(v) Any other entity that is contracting with the state department of corrections, the department of juvenile corrections, a law enforcement agency, another state, any private correctional facility, a county, a city or the federal bureau of prisons or other federal agency that has responsibility for sentenced or unsentenced prisoners.

(b) Commits an assault knowing or having reason to know that the victim is acting in an official capacity as an employee of any of the entities listed in subdivision (a) of this paragraph.

11. If the person uses a simulated deadly weapon.

B. A person commits aggravated assault if the person commits assault by either intentionally, knowingly or recklessly causing any physical injury to another person, intentionally placing another person in reasonable apprehension of imminent physical injury or knowingly touching another person with the intent to injure the person, and both of the following occur:

1. The person intentionally or knowingly impedes the normal breathing or circulation of blood of another person by applying pressure to the throat or neck or by obstructing the nose and mouth either manually or through the use of an instrument.

2. Any of the circumstances exists that are set forth in section 13-3601, subsection A, paragraph 1, 2, 3, 4, 5 or 6.

C. A person who is convicted of intentionally or knowingly committing aggravated assault on a peace officer first responder pursuant to subsection A, paragraph 1 or 2 of this section shall be sentenced to imprisonment for not less than the presumptive sentence authorized under chapter 7 of this title and is not eligible for suspension of sentence, commutation or release on any basis until the sentence imposed is served.

D. It is not a defense to a prosecution for assaulting a peace officer or a mitigating circumstance that the peace officer was not on duty or engaged in the execution of any official duties.

E. Except pursuant to subsections F and G of this section, aggravated assault pursuant to subsection A, paragraph 1 or 2, paragraph 9, subdivision (a) or paragraph 11 of this section is a class 3 felony except if the aggravated assault is a violation of subsection A, paragraph 1 or 2 of this section and the victim is under fifteen years of age it is a class 2 felony punishable pursuant to section 13-705. Aggravated assault pursuant to subsection A, paragraph 3 or subsection B of this section is a class 4 felony. Aggravated assault pursuant to subsection A, paragraph 9, subdivision (b) or paragraph 10 of this section is a class 5 felony. Aggravated assault pursuant to subsection A, paragraph 4, 5, 6, 7 or 8 or paragraph 9, subdivision (c) of this section is a class 6 felony.

F. Aggravated assault pursuant to subsection A, paragraph 1 or 2 of this section committed on a peace officer first responder is a class 2 felony. Aggravated assault pursuant to subsection A, paragraph 3 of this section committed on a peace officer first responder is a class 3 felony. Aggravated assault pursuant to subsection A, paragraph 8, subdivision (a) of this section committed on a peace officer first responder is a class 5 4 felony unless the assault results in any physical injury to the peace officer first responder, in which case it is a class 4 3 felony.

G. Aggravated assault pursuant to:

1. Subsection A, paragraph 1 or 2 of this section is a class 2 felony if committed on a prosecutor.

2. Subsection A, paragraph 3 of this section is a class 3 felony if committed on a prosecutor.

3. Subsection A, paragraph 8, subdivision (f) (e) of this section is a class 5 felony if the assault results in physical injury to a prosecutor.

H. For the purposes of this section:

1. "First responder" MEANS:

(a) A peace officer.

(b) a firefighter, a fire investigator, a fire inspector, an emergency medical care technician or a paramedic who is engaged in the execution of any official duties.

1. 2. "Health care worker" means:

(a) A person who is employed by or contracted to work at a health care institution that is licensed pursuant to title 36.

(b) A person who is employed or contracted to provide health care or related services in a fieldwork setting, including:

(i) Home health care, home-based hospice and home-based social work, unless the worker is employed or contracted by an individual who privately employs, in the individual's residence, the worker to perform covered services for the individual or a family member of the individual.

(ii) Any emergency services and transport, including the services provided by firefighters and emergency responders.

2. 3. "Judicial officer" means a justice of the supreme court, judge, justice of the peace or magistrate or a commissioner or hearing officer of a state, county or municipal court.

3. 4. "Mental disability" means a disabling neurological condition, or brain injury, or involuntary impairment as a result of a medication that is administered by a health care provider or a medical procedure that is performed at a health care treatment site.

4. 5. "Prosecutor" means a county attorney, a municipal prosecutor or the attorney general and includes an assistant or deputy county attorney, municipal prosecutor or attorney general. END_STATUTE

Sec. 3. Title 38, chapter 8, Arizona Revised Statutes, is amended by adding article 4, to read:

ARTICLE 4. FIRST RESPONDERS

START_STATUTE38-1171. Definitions

In this article, unless the context otherwise requires:

1. "First responder":

(a) has the same meaning prescribed in section 13-1204.

(b) Includes a member of the Arizona national guard who is on state active duty in this state and a correctional officer who is employed by the state department of corrections.

2. "Killed in the line of duty" means killed as the result of another person's criminal act. END_STATUTE

START_STATUTE38-1172. State death benefit

In addition to any other death benefit, beginning on the effective date of this section, if a first responder is killed in the line of duty, on written notice to the state treasurer from the first responder's employer this state shall pay a state death benefit of $250,000 to the first responder's surviving spouse. If the first responder does not have a surviving spouse but has children, this state shall pay a state death benefit of $250,000, divided equally among the first responder's children. The state shall pay the death benefit within thirty days after receiving the written notice from the first responder's employer. END_STATUTE

START_STATUTE38-1173. State supplemental benefit fund

The state supplemental benefit fund is established consisting of monies deposited pursuant to section 12-116.01. The state treasurer shall administer the fund for the purposes specified in section 38-1172. Monies in the fund are continuously appropriated. END_STATUTE

Sec. 4. Delayed repeal

Title 38, chapter 8, article 4, Arizona Revised Statutes, as added by this act, is repealed from and after December 31, 2032.

Sec. 5. Section 41-1730, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1730. Department of public safety forensics fund; purposes; distributions; annual adjustment

A. The department of public safety forensics fund is established. The department shall administer the fund. Monies in the fund are subject to legislative appropriation. The department of public safety forensics fund consists of the following:

1. Monies deposited pursuant to section 12-116.01, subsection J L.

2. Monies deposited pursuant to section 41-2401, subsection D, paragraphs 1 and 10.

3. Surcharge monies deposited pursuant to section 28-3396.

4. Monies contributed to the fund from any other source.

B. Monies in the department of public safety forensics fund shall be used for the following purposes:

1. Purchasing and installing fingerprint identification equipment.

2. Operating, maintaining and administering the Arizona automated fingerprint identification system and the system's remote terminals.

3. Crime laboratory operations and enhanced services.

4. Educating and training forensic scientists who are regularly employed in a crime laboratory.

5. Purchasing and maintaining scientific equipment for crime laboratory use.

6. Implementing, operating and maintaining deoxyribonucleic acid testing and administering the Arizona deoxyribonucleic acid identification system.

C. On a quarterly basis, the department of public safety shall allocate and distribute the monies in the department of public safety forensics fund that are collected pursuant to section 12-116.01 and deposited pursuant to section 41-2401, subsection D, paragraph 10. The department may use fifty-five percent of the monies for the purposes prescribed in subsection B of this section and shall distribute the remaining monies to political subdivisions that operate a crime laboratory as follows:

1. Twenty-two percent to the Phoenix police department.

2. Twelve percent to the Tucson police department.

3. Seven percent to the Mesa police department.

4. Four percent to the Scottsdale police department.

D. The distribution of monies pursuant to subsection C of this section may be adjusted annually, if appropriate, based on the crime laboratory services provided and the percentage of the state population served by each crime laboratory. The crime laboratory directors of the political subdivisions providing crime laboratory services in this state must agree on the distribution formula and allocation. The minimum allocation for a political subdivision that provides crime laboratory services is four percent.

E. For the purposes of subsections C and D of this section, "crime laboratory" means a laboratory that meets all of the following:

1. Is operated by a political subdivision.

2. Has at least one regularly employed forensic scientist who holds a minimum of a bachelor's degree in a physical or natural science.

3. Is registered as an analytical laboratory with the drug enforcement administration of the United States department of justice for the possession of all scheduled controlled substances.

Sec. 6. Finding; intent; purpose

A. The people of this state find and declare that:

1. Arizona's first responders are on the front lines for public safety and the peaceful enjoyment of this state's civil society.

2. First responders nationally and in this state have increasingly become targets for criminal assault, causing their injury and death. This has resulted in both heightened early retirements of first responders and difficulty in recruiting new first responders.

B. The intent of this act is to increase the criminal penalties against persons who assault first responders in this state and to increase the death benefits for the families of first responders who are killed in the line of duty in this state.

C. The purpose of this act is:

1. To stem the violence against first responders in this state.

2. To help retain and recruit first responders in this state by better providing for the families of first responders who are killed in the line of duty in this state. END_STATUTE

Sec. 7. Severability

If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or application of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

Sec. 8. Short title

This act may be cited as the "Back the Blue Act".

2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona.