Assigned to JUDE                                                                                                                   FOR COMMITTEE

ARIZONA STATE SENATE

Fifty-Seventh Legislature, First Regular Session

FACT SHEET FOR H.B. 2559

justification; criminal offenses

Purpose

Specifies the justification afforded by statute regarding the threat or use of physical force or deadly physical force is a defense in a prosecution for any criminal offense, rather than only offenses listed in the criminal code.

Background

Statute outlines various circumstances under which the threat or use of physical force or deadly physical force is justifiable including: 1) when required or authorized by law; 2) when a reasonable person would believe that physical force is immediately necessary to protect himself or a third person against another's use or attempted use of unlawful physical or deadly physical force; 3) to prevent the commission of criminal trespass, theft, criminal damage or arson; and
4) conduct that would otherwise constitute a criminal offense, if a reasonable person would believe that he was compelled to engage in the conduct by threat or use of physical force against his person or the person of another which resulted or could result in serious physical injury which a reasonable person in the situation would not have resisted.

Specified exceptions apply to the statutory justification of the threat or use of physical or deadly physical force including if, in the justified threat or use of physical force, a person recklessly injures or kills an innocent third person. A person who is justified in the threat or use of physical force or deadly physical force is not subject to civil liability for engaging in the justified conduct. The court must award reasonable attorney fees, costs, compensation for lost income and all expenses incurred by a defendant in the defense of a civil action based on justified conduct if the defendant prevails in the action (A.R.S. Title 13, Chapter 4).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Specifies the justification afforded by statute regarding the threat or use of physical force or deadly physical force is a defense applicable to a prosecution for any criminal offense, rather than only offenses listed in the criminal code.

2. Makes technical changes.

3. Becomes effective on the general effective date.

House Action

JUD                 2/19/25      DP       9-0-0-0

3^rd Read          2/27/25                  55-2-3

Prepared by Senate Research

March 14, 2025

ZD/AW/ci