HB2374 - 562R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 5-391, Arizona Revised Statutes, is amended to read:

START_STATUTE5-391. Enforcement; violation; classification

A. Any person who violates any provision of this chapter, except section 5-341, subsection A, B, C or D, section 5-349, section 5-350, subsection C, section 5-393, 5-395, 5-396 or 5-397 and subsection C, D, G or H of this section or any rule issued thereunder, is guilty of a petty offense. Any person who violates section 5-350, subsection C is guilty of a class 2 misdemeanor.

B. All peace officers of the this state, and counties, and cities and towns shall enforce the provisions of this chapter and all laws and rules relating to the operation of watercraft.

C. In the enforcement of this chapter, the operator of the a watercraft, on being hailed by any peace officer, shall stop immediately and lay to, or maneuver in such a way as to permit allow the peace officer to come aboard or alongside. The operator may be ordered ashore to correct any unlawful condition, be issued a written warning or written repair order or be issued a citation for any violation of this chapter.

D. An operator of a watercraft who wilfully flees or attempts to elude a pursuing law enforcement peACE officer issuing an order pursuant to subsection C of this section is guilty of a class 5 felony 1 misdemeanor. The law enforcement watercraft shall be appropriately marked to show that it is an official law enforcement watercraft.

E. In the enforcement of this chapter, sections 13-2506 and 13-3903 apply.

F. Each failure to obey an order or to comply with a warning order issued under subsection C of this section shall constitute a separate offense punishable as a separate violation of this chapter.

G. A person is guilty of a class 6 felony who knowingly removes, defaces, obliterates, changes, alters or causes to be removed, defaced, obliterated, changed or altered a factory, engine, serial, outdrive, lower unit, power trim or hull identification number or mark on a watercraft.

H. A person is guilty of a class 2 misdemeanor who:

1. Knowingly displays or has in the person's possession a fictitious, stolen, revoked or altered certificate of number, department issued DEPARTMENT-ISSUED number or annual decal.

2. Lends to or knowingly permits ALLOWS the use of the person's certificate of number, department issued DEPARTMENT-ISSUED number or annual decal on a watercraft for which those items have not been issued.

I. On receipt of A notice of conviction of a person under subsection G or H of this section, the department may revoke the numbers and decals issued to the watercraft that was involved in the violation and any other watercraft owned by the person convicted. END_STATUTE

Sec. 2. Section 13-1105, Arizona Revised Statutes, is amended to read:

START_STATUTE13-1105. First degree murder; classification

A. A person commits first degree murder if:

1. Intending or knowing that the person's conduct will cause death, the person causes the death of another person, including an unborn child, with premeditation or, as a result of causing the death of another person with premeditation, causes the death of an unborn child.

2. Acting either alone or with one or more other persons the person commits or attempts to commit sexual conduct with a minor under section 13-1405, sexual assault under section 13-1406, molestation of a child under section 13-1410, terrorism under section 13-2308.01, marijuana offenses under section 13-3405, subsection A, paragraph 4, dangerous drug offenses under section 13-3407, subsection A, paragraphs 4 and 7, narcotics offenses under section 13-3408, subsection A, paragraph 7 that equal or exceed the statutory threshold amount for each offense or combination of offenses, involving or using minors in drug offenses under section 13-3409, drive by shooting under section 13-1209, kidnapping under section 13-1304, burglary under section 13-1506, 13-1507 or 13-1508, arson under section 13-1703 or 13-1704, robbery under section 13-1902, 13-1903 or 13-1904, escape under section 13-2503 or 13-2504, child abuse under section 13-3623, subsection A, paragraph 1, or unlawful flight from a pursuing law enforcement vehicle under section 28-622.01 or aggravated unlawful flight from a pursuing law enforcement vehicle under section 28-622.02 and, in the course of and in furtherance of the offense or immediate flight from the offense, the person or another person causes the death of any person.

3. Intending or knowing that the person's conduct will cause death to a law enforcement officer, the person causes the death of a law enforcement officer who is in the line of duty.

B. Homicide, as prescribed in subsection A, paragraph 2 of this section, requires no specific mental state other than what is required for the commission of any of the enumerated felonies.

C. An offense under subsection A, paragraph 1 of this section applies to an unborn child in the womb at any stage of its development. A person shall not be prosecuted under subsection A, paragraph 1 of this section if any of the following applies:

1. The person was performing an abortion for which the consent of the pregnant woman, or a person authorized by law to act on the pregnant woman's behalf, has been obtained or for which the consent was implied or authorized by law.

2. The person was performing medical treatment on the pregnant woman or the pregnant woman's unborn child.

3. The person was the unborn child's mother.

D. First degree murder is a class 1 felony and is punishable by death or life imprisonment as provided by sections 13-751 and 13-752. END_STATUTE

Sec. 3. Section 28-622.01, Arizona Revised Statutes, is amended to read:

START_STATUTE28-622.01. Unlawful flight from pursuing law enforcement vehicle; marked and unmarked vehicles; violation; classification

A. A driver of a motor vehicle who commits unlawful flight from a pursuing law enforcement vehicle if the person wilfully flees or attempts to elude a pursuing official law enforcement vehicle is guilty of a class 5 felony if the law enforcement vehicle that is either:

1. Being operated in the manner described in section 28-624, subsection C and is appropriately marked to show that it is an official law enforcement vehicle.

2. Unmarked and either of the following applies:

(a) The driver admits to knowing that the vehicle was an official law enforcement vehicle.

(b) Evidence shows that the driver knew that the vehicle was an official law enforcement vehicle.

B. Unlawful flight from a pursuing law enforcement vehicle is a class 5 felony.END_STATUTE

Sec. 4. Title 28, chapter 3, article 2, Arizona Revised Statutes, is amended by adding section 28-622.02, to read:

START_STATUTE28-622.02. Aggravated unlawful flight from a pursuing law enforcement vehicle; violation; classification

A. A driver of a motor vehicle commits aggravated unlawful flight from a pursuing law enforcement vehicle if the person commits unlawful flight from a pursuing law enforcement vehicle pursuant to section 28-622.01 and the person either:

1. Drives at least thirty-five miles per hour over the posted speed limit during the pursuit.

2. Intentionally, knowingly or recklessly CAUSES serious physical injury to or death of another person during the pursuit.

B. Aggravated unlawful flight from a pursuing law enforcement vehicle is a class 2 felony.END_STATUTE

Sec. 5. Section 28-4834, Arizona Revised Statutes, is amended to read:

START_STATUTE28-4834. Vehicle removal

A. An officer who has reasonable grounds to believe that a vehicle has been lost, stolen, abandoned or otherwise unclaimed may remove or cause the removal of the vehicle from any street or highway or on any other public, federal, state trust, national forest, state park or bureau of land management land or private property. For the purposes of this subsection, an officer may remove or cause the removal of a vehicle if the driver of the vehicle engages in unlawful flight from a pursuing law enforcement vehicle pursuant to section 28-622.01 or aggravated unlawful flight from a pursuing law enforcement VEHICLE pursuant to section 28-622.02, leaves the vehicle and continues to engage in unlawful flight from a pursuing law enforcement vehicle pursuant to section 28-622.01 or aggravated unlawful flight from a pursuing law enforcement VEHICLE pursuant to section 28-622.02 or by other means, including on foot or in another vehicle.

B. In counties with a population of less than one million five hundred thousand persons, before an officer removes or causes the removal of a vehicle that is abandoned as provided in section 28-4839 from the person in possession of the vehicle, the owner or lienholder of the vehicle or any other person who has an interest in the vehicle shall pay the person on whose property the vehicle was discovered an amount that does not exceed five dollars $5 for each day of storage up to a maximum of five hundred dollars $500 for the storage of the vehicle and the fee for processing an abandoned vehicle report as prescribed by section 28-4802 if the person on whose property the vehicle was discovered does both of the following:

1. Notifies a law enforcement agency by telephone in the jurisdiction where the vehicle was discovered of the presence of the vehicle on the person's property within forty-eight hours after the property owner discovered the vehicle.

2. Gives notice of abandonment of the vehicle in the manner prescribed by law.

C. This section does not require a law enforcement agency to pay any charges related to a vehicle that a law enforcement agency is required or otherwise authorized by law to impound or remove.

D. If a person removes or causes the removal of any vehicle, including an abandoned vehicle, from private property, the person shall both:

1. Obtain written authorization from the owner or lessee of the property on a form prescribed by the director.

2. Submit the form and the vehicle identification form to the department.

E. An officer who is employed by a public agency or political subdivision and who has removed an abandoned vehicle pursuant to this section or who has removed or caused to be removed a vehicle pursuant to section 28-872 shall inspect the vehicle and shall complete the vehicle identification form prescribed or approved by the director. The agency or political subdivision shall make an inquiry to determine whether the abandoned vehicle is a stolen abandoned vehicle.

F. A person who has removed or caused to be removed an abandoned vehicle from public land pursuant to section 28-4802 or private property shall have the vehicle inspected by an officer or agent of the department who shall complete the vehicle identification form prescribed by the director. The officer or agent designated by the director shall make an inquiry to determine whether the abandoned vehicle is a stolen abandoned vehicle.

G. If a renter or lessee of private property parks a vehicle on the private property in an area that the owner authorizes for the vehicle, a person may not remove or cause the removal of the vehicle from the private property unless there is evidence of abandonment. Expired registration of a vehicle may be considered in determining if a vehicle is abandoned but may not conclusively determine abandonment unless there is additional evidence of abandonment. END_STATUTE