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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
VETOED
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.
Governor's Veto Message
The Governor indicates in her veto message that in approaching these matters, it is critical to avoid infringing on Arizonan's freedoms.
Senate Action House Action
JUD 1/25/24 DP 4-3-0 JUD 2/28/24 DP 6-3-0-0
3rd Read 1/31/24 16-13-1 3rd Read 3/26/24 36-19-4-0-1
Vetoed by the Governor 4/2/24
Prepared by Senate Research
April 4, 2024
ZD/SB/cs