ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

House: JUD DPA 9-0-1-0

HB 2343: crime scene investigation interference; offense

Sponsor: Representative Payne, LD 21

Caucus & COW

Overview

Makes interfering with a crime scene investigation a criminal offense and classifies it as a class 1 misdemeanor.

History

Statute prohibits a person from obstructing governmental operations. A person commits obstructing governmental operations when the person uses threats or violence to hinder a peace officer from enforcing the law or acting under official authority. This offense is classified as a class 1 misdemeanor (A.R.S. § 13-2402).

Tampering with physical evidence with the intent to render it unavailable or useless for an official proceeding is a class 1 misdemeanor. Tampering with physical evidence includes:

1) Intending to destroy, mutilate, alter or remove physical evidence;

2) Knowingly producing false physical evidence; or

3) Preventing, through physical force, intimidation or deception, a person from providing physical evidence to a peace officer or a judicial proceeding (A.R.S. § 13-2809).

Provisions

1. States interfering with a crime scene investigation, disobeying a peace officer's verbal order to leave a possible crime scene or interfere with the investigation is unlawful. (Sec. 1)

2. Classifies interfering with a crime scene investigation as a class 1 misdemeanor. (Sec. 1)

Amendments

Committee on Judiciary

1. Requires a person knowingly disobey the reasonable verbal order of a peace officer for the act to be criminal.

2. Clarifies that this offense does not apply to a person peaceably observing a police proceeding provided the person does not interfere with or obstruct the peace officer's investigation.

3. Defines crime scene.

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7. HB 2343

8. Initials LC/JH Page 0 Caucus & COW

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