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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
aggravated assault; developmental disability; exception
Purpose
Includes assault by a person with a developmental or cognitive disability in the list of exceptions for aggravated assault committed against a healthcare worker.
Background
A person commits assault by: 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).
A person commits aggravated assault if a person commits assault and certain aggravating circumstances apply, including if the person causes serious physical injury to another or uses a deadly weapon or dangerous instrument in the commission of the offense. A person also commits aggravated assault if the person commits assault on a person knowing or having reason to know that the victim is: 1) a peace officer; 2) a constable; 3) a firefighter, fire investigator, fire inspector, emergency medical technician or paramedic engaged in the execution of official duties; 4) a teacher or other school employee as outlined; 5) certain health care workers while engaged in official duties, except if the person who commits the assault is unable to form the culpable mental state due to mental illness or mental disability; 6) prosecutors; 7) code enforcement officers; 8) park rangers; 9) public defenders; and 10) judicial officers (A.R.S. § 13-1204).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Excludes assaults committed against a health care worker by a person who is unable to form a culpable mental state due to a developmental or cognitive disability from the aggravated assault classification.
2. Makes technical changes.
3. Becomes effective on the general effective date.
Prepared by Senate Research
February 9, 2024
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