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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
aggravated assault; ambush; police; classification
(NOW: ambush; police; sentencing enhancement)
Purpose
Increases the prison sentence that would otherwise be imposed for a person who commits aggravated assault on a peace officer by two years if the trier of fact determines that the person lied in wait for or ambushed the peace officer.
Background
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 peace officer; 2) a constable; 3) a firefighter, fire investigator, fire inspector, emergency medical technician or paramedic engaged in the execution of official duties; 4) a teacher or other school employee as outlined; 5) a health care worker or a specified health care practitioner; 6) a prosecutor; 7) a code enforcement officer; 8) a park ranger; 9) a public defender; or 10) a judicial officer (A.R.S. § 13-1204).
When determining a sentence, the trier of fact must determine and the court must consider certain aggravating circumstances, one of which is whether the defendant lied in wait for the victim or ambushed the victim during the commission of any felony. If the trier of fact finds at least one aggravating circumstance, the trial court may find additional aggravating circumstances by a preponderance of the evidence. In determining the sentence, the court must take into account the amount of aggravating circumstances and whether the amount of mitigating circumstances is sufficiently substantial to justify a lesser term. If the trier of fact finds an aggravating circumstance and the court does not find any mitigating circumstances, the court must impose an aggravated sentence (A.R.S. § 13-701).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a person to be sentenced to two more years than would otherwise be imposed if the person is convicted of aggravated assault on a peace officer and the trier of fact determines that the person lied in wait for or ambushed the peace officer.
2. Specifies that this additional sentence is in addition to any enhanced punishment that may be applicable.
3. Specifies that a person sentenced in this manner is not eligible for suspension of sentence, commutation or release from confinement on any basis until the imposed sentence is served, with certain exceptions.
4. Makes conforming changes.
5. Becomes effective on the general effective date.
House Action
MAPS 2/13/23 DPA/SE 13-1-1-0
3rd Read 3/1/23 31-28-1
Prepared by Senate Research
March 21, 2023
ZD/sr