ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: JUD DP 9-0-0-0

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HB 2559: justification; criminal offenses

Sponsor: Representative Contreras L, LD 22

House Engrossed

Overview

Clarifies that the justification defense applies to all criminal offences, not only offences in the Criminal Code.

History

A.R.S. Title 13, Chapter 4 outlines the justification defense in Arizona law. The justification defense allows individuals to use physical or deadly force in cases of:

1)   self defense;

2)   defense of a third person; and

3)   defense of premises and property under certain circumstances.

A.R.S. § 13-102 states that, unless otherwise provided, the criminal code governs the construction of, and punishment for, any offence defined outside of Title 13. Thus, the general principles and rules of construction relating to crimes and penalties that are included in the criminal code are also applicable to criminal statutes codified in other titles (e.g. transportation-related crimes in Title 28, such as DUI or reckless driving).

Provisions

1.   Asserts that the justification defense applies to all criminal offences, not only offences in A.R.S. Title 13 (Criminal Code). (Sec. 1)

2.   Makes technical changes. (Sec. 1)

 

 

 

 

 

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                        HB 2559

Initials NM    Page 0 House Engrossed

 

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