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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
aggravated assault; transit; airport; rail
Purpose
Adds public transit employees, airport employees and railway workers as protected persons in the aggravated assault criminal classification.
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. Assault is a class 1, 2 or 3 misdemeanor depending on the circumstances of the offense (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; 6) prosecutors; 7) code enforcement officers; 8) park rangers; 9) public defenders; and 10) judicial officer. The penalty for aggravated assault ranges from a class 2 felony to a class 6 felony depending on the circumstances of the offense (A.R.S. § 13-1204).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Classifies, as aggravated assault, committing assault while 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.
2. Classifies aggravated assault against any of the aforementioned persons as a class 6 felony.
3. Decreases the penalty for assault by way of intentionally placing another person in reasonable apprehension of imminent physical injury from a class 2 misdemeanor to a class 3 misdemeanor.
4. Makes technical changes.
5. Becomes effective on the general effective date.
House Action
JUD 2/14/24 DPA 8-1-0-0
3rd Read 2/26/24 53-3-3-0-1
Prepared by Senate Research
March 20, 2024
ZD/cs