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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
obstruction highway; large event; classification
Purpose
Expands the criminal classification of obstructing a highway or other public thoroughfare to make it unlawful for a person, having no legal privilege to do so and after receiving a verbal warning to desist, to intentionally interfere with passage on: 1) any roadway in or leading to an airport; or 2) a highway, bridge or tunnel currently holding 25 or more vehicles or people. Classifies a violation as a class 6 felony.
Background
A person commits obstructing a highway or other public thoroughfare if the person, alone or with other people, 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; 2) intentionally activates a pedestrian signal on a highway or public thoroughfare if the person's reason for activating the signal is to stop the passage of traffic and solicit a driver for a donation or business; or 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 (A.R.S. § 13-2906).
A class 6 felony carries a presumptive imprisonment sentence of 1 year for a first time felony offender, with a possible maximum sentence of 5.75 years for aggravated offenses committed by a category 3 repetitive offender (A.R.S. §§ 13-702 and13-703). The fine for a felony may be up to $150,000 (A.R.S. § 13-801).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Expands the criminal classification of obstructing a highway or other public thoroughfare to make it unlawful for a person, having no legal privilege to do so and after receiving a verbal warning to desist, to intentionally interfere with passage on:
a) any roadway in or leading to an airport; or
b) a highway, bridge or tunnel currently holding 25 or more vehicles or people.
2. Classifies a violation as a class 6 felony.
3. Makes conforming changes.
4. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
· Specifies that a person who intentionally interferes with passage on any roadway in or leading to an airport or passage on a highway, bridge or tunnel currently holding 25 or more vehicles or people commits obstructing a highway or other public thoroughfare if the person has no legal privilege to do so.
Senate Action
JUD 1/25/24 DP 4-3-0
Prepared by Senate Research
January 31, 2024
ZD/SB/cs