ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: JUD DP 5-4-0-0 | 3rd Read 37-21-0-2

Senate: JUDE DP 4-3-0-0 | 3rd Read 18-10-2-0

☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal Note


HB 2611: aggravated assault; accomplices; classification

Sponsor: Representative Gress, LD 4

Senate Engrossed

Overview

Classifies committing assault against a person, when aided by two or more accomplices, as aggravated assault.

History

Under the current criminal code, a person commits assault by doing any of the following:

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 (A.R.S. § 13-1203).

Additionally, aggravated assault is a separate offense that occurs when a person commits assault as defined in A.R.S. § 13-1203, but additional circumstances outlined in statute are met. These circumstances include, among others, the level of injury caused to the victim, the defendant's use of a deadly weapon or the victim being physically bound. Aggravated assault can range from a class 2 felony to a class 6 felony depending on the nature of the offense (A.R.S. § 13-1204).

Provisions

1.   Broadens aggravated assault to include committing assault against a single person if the assailant is aided by two or more accomplices who aid in committing the assault. (Sec. 1, 2)

2.   Makes it a class 4 felony to commit this form of aggravated assault when aided by two or more accomplices. (Sec. 1, 2)

3.   Blends overlapping versions of A.R.S. § 13-1204. (Sec. 1-3)

4.   Makes technical and conforming changes. (Sec. 1, 2)

5.   Designates this legislation with the short title Preston's Law. (Sec. 4)

Senate Amendments

1.   Adds that this form of aggravated assault must result in physical injury.

 

 

 

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                        HB 2611

Initials NM    Page 0 Senate Engrossed

 

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