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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
aggravated assault; commission; certain officials
Purpose
Adds elected officials and animal control officers 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 first responder; 2) a constable; 3) a teacher or other school employee as outlined; 4) a health care worker while engaged in official duties as outlined; 5) a prosecutor; 6) a code enforcement officer; 7) a park ranger; 8) a public defender; or 9) a 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:
a) an animal control officer while engaged in the execution of any official duties; or
b) an elected official while engaged in the execution of any official duties.
2. Stipulates that the aggravated assault classification applies whether the assault occurred because of the animal control officer's or elected official's status as such, or as a result of the execution of the animal control officer's or elected official's duties.
3. Classifies aggravated assault against an animal control officer or an elected official as a class 6 felony.
4. Consolidates statutory changes contained in the Back the Blue Act with statutory changes from Laws 2024, Chapter 257, Laws 2024, Chapter 113, Laws 2023, Chapter 159 and Laws 2023, Chapter 96, thereby combining versions one and two of the aggravated assault statute.
5. Repeals version one of the aggravated assault statute.
6. Makes technical and conforming changes.
7. Effective date provision.
Prepared by Senate Research
January 27, 2025
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