ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

HB 2797: aggravated assault; security guard; definition

Sponsor: Representative Payne, LD 21

Committee on Judiciary

Overview

Classifies assaulting a security guard as aggravated assault and classifies this action as a class 6 felony.

History

A person commits assault if the following occur: 1) a person intentionally, knowingly or recklessly causes physical injury to another person, which is a class 1 misdemeanor; 2) a person intentionally puts another person under threat of imminent physical injury, which is a class 2 misdemeanor; or 3) a person knowingly touches another person with the intent to injure, insult or provoke the person, which is a class 3 misdemeanor. (A.R.S. § 13-1203)

A person commits aggravated assault and is charged with a class 6 felony while knowing or having reason to know that a victim is any of the following: 1) a peace officer or a person summoned and directed by the officer; 2) a constable or a person summoned and directed by the constable engaged in official duties or assaulted as a result of official duties; 3) a firefighter, fire investigator, fire inspector, emergency medical technician or a paramedic or a person summoned and directed by the officer while engaged in official duties or assaulted as a result of official duties; 4) a teacher or other school employee on or around school grounds, visiting a private home for school related duties or participating in a classroom activity held off school grounds; 5) a health care practitioner or a person summoned and directed by the practitioner assaulted while engaged in official duties, except in cases where the assailant is seriously mentally ill, has alzheimer's or dementia; 6) a prosecutor assaulted while engaged in official duties or as a result of official duties; 7) a code enforcement officer assaulted while engaged in official duties or as a result of official duties; 8) a state or municipal park ranger assaulted while engaged in official duties or from the result of official duties; 9) a public defender assaulted while engaged in official duties or as a result of official duties; or 10) a judicial officer assaulted while engaged in official duties or as a result of official duties.

Current law clarifies that aggravated assault committed on a prosecutor or peace officer can range from a class 2 felony to a class 6 felony. (A.R.S. § 13-1204)

Provisions

1. States a person commits aggravated assault if the person knows or has reason to know that the victim is a security guard engaged in official duties or the assault results from a security guard's performance of official duties. (Sec. 1)

2. Classifies aggravated assault against a security guard as a class 6 felony. (Sec. 1)

3. Defines the term security guard. (Sec. 1)

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7. HB 2797

8. Initials LC/IR Page 0 Judiciary

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