ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

House: JUD DPA 8-1-0-0

HB 2742: aggravated assault; transit; airport; rail

Sponsor: Representative Hernandez C, LD 21

House Engrossed

Overview

Adds that assaulting a public transit employee, airport employee or railway worker as a form of aggravated assault.

History

Under the current criminal code, a person commits assault by doing any of the following:

1) intentionally, knowingly or recklessly causing any physical injury to another person;

2) intentionally placing another person in reasonable apprehension of imminent physical injury; or

3) knowingly touching another person with the intent to injure, insult or provoke such person (A.R.S § 13-1203).

Additionally, aggravated assault is a separate offense that occurs when a person commits assault as defined in A.R.S. § 13-1203 but additional circumstances outlined in statute are met. These circumstances include, among others, the level of injury caused to the victim, the defendant's use of a deadly weapon or the position or status of the victim. For example, assault can become aggravated assault if the defendant commits assault knowing or having reason to know that the victim is a peace officer, a first responder or a health care worker. Aggravated assault can range from a class 2 felony to a class 6 felony depending on the nature of the offense (A.R.S. § 13-1204).

Provisions

1. Lowers the sentencing classification in A.R.S. § 13-1203 for assault that involves intentionally placing another person in reasonable apprehension of imminent physical injury from a class 2 misdemeanor to a class 3 misdemeanor. (Sec. 1)

2. Adds an additional form of class 6 felony aggravated assault involving a person who commits assault knowing or having reason to know that the victim is any of the following:

a) a public transit employee who performs duties on and off a vehicle while engaged in transferring members of the community to and from destinations in a bus, van or shuttle;

b) an airport employee who interacts with the public while engaged in the airport employee's work duties; or

c) a railway worker while engaged in operating a train, light rail or passenger rail or performing track maintenance. (Sec 2)

3. Makes a technical change. (Sec. 2)

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7. HB 2742

8. Initials JL/MB Page 0 House Engrossed

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