Assigned to JUDE                                                                                                             AS PASSED BY COW

 

 

 

 


ARIZONA STATE SENATE

Fifty-Seventh Legislature, First Regular Session

 

AMENDED/REVISED

FACT SHEET FOR H.B. 2611

 

aggravated assault; accomplice; classification

Purpose

Expands the criminal classification of aggravated assault.

Background

A person commits assault by: 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. Assault is a class 1, 2 or 3 misdemeanor depending on the circumstances of the offense (A.R.S. § 13-1203).

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 first responder; 2) a constable; 3) a teacher or other school employee as outlined; 4) a health care worker while engaged in official duties as outlined; 5) a prosecutor; 6) a code enforcement officer; 7) a park ranger; 8) a public defender; or 9) a judicial officer. The penalty for aggravated assault ranges from a class 2 felony to a class 6 felony depending on the circumstances of the offense (A.R.S. § 13-1204).

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

Provisions

1.   Classifies, as aggravated assault, the act of committing assault against a single person and causing physical injury to the person while being aided by two or more accomplices during the assault.

2.   Classifies aggravated assault committed in this manner as a class 4 felony.

3.   Makes conforming changes.

4.   Cites this legislation as Preston's Law.

5.   Becomes effective on the general effective date.

Revisions

· Adds a provision to specify the penalty for this form of aggravated assault.

Amendments Adopted by Committee of the Whole

1.   Specifies that assault that is directed at a single person and aided by two or more accomplices must result in physical injury to be classified as aggravated assault.

2.   Makes technical and conforming changes.

House Action                                                           Senate Action

JUD                 1/29/25      DP       5-4-0-0               JUDE              3/26/25      DP              4-3-0                         

3rd Read          3/3/25                    37-21-2              

 

Prepared by Senate Research

April 23, 2025

ZD/ci