ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

Senate: JUD DP 4-3-0-0 | 3rd Read 16-13-1-0

House: JUD DP 6-3-0-0 | 3rd Read 36-19-4-0


SB 1073: obstruction highway; large event; classification

Sponsor: Senator Kavanagh, LD 3

Vetoed

Overview

Establishes a new form of the existing offense of obstructing a highway or other public thoroughfare and classifies this new form of the offense as a class 6 felony.

History

Under current law, a person commits obstructing a highway or other public thoroughfare if the person, alone or with other persons, does any of the following:

1)   having no legal privilege to do so, recklessly interferes with the passage of any highway or public thoroughfare by creating an unreasonable inconvenience or hazard (which is a class 2 misdemeanor, except that a second or subsequent violation within a period of 24 months is a class 1 misdemeanor);

2)   intentionally activates a pedestrian signal on a highway or public thoroughfare if the person's reason for activating the signal is not to cross the highway or public thoroughfare but to do both of the following:

a)   stop the passage of traffic on the highway or public thoroughfare;

b)   solicit a driver for a donation or business (which is a class 3 misdemeanor);

3)   after receiving a verbal warning to desist, intentionally interferes with passage on a highway or other public thoroughfare or entrance into a public forum that results in preventing other persons from gaining access to a governmental meeting, a governmental hearing or a political campaign event (which is a class 1 misdemeanor).

For purposes of this offense public forum has the same meaning prescribed in A.R.S. § 15-1861 (A.R.S. § 13-2906). The culpable mental states, including intentionally and recklessly, are defined in A.R.S. § 13-105.

Provisions

1.   ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteAdds a new form of obstructing a highway or other public thoroughfare involving a person who, having no legal privilege to do so and after receiving a verbal warning to desist, intentionally interferes with either of the following:

a)   passage on any roadway in or leading to an airport;

b)   passage on a highway, bridge or tunnel currently holding 25 or more vehicles or people. (Sec. 1)

2.   Classifies this new form of the offense as a class 6 felony. (Sec. 1)

3.   Makes conforming changes. (Sec. 1)

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7.                     SB 1073

8.   Initials JL Page 0 Vetoed

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