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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: JUD DP 6-3-0-0 |
HB 2136: civil terrorism; disorderly conduct; subversion
Sponsor: Representative Way, LD 15
House Engrossed
Overview
Creates new statutory offenses for civil terrorism and subversion and expands Arizona’s racketeering laws to treat civil terrorism as a predicate act for racketeering charges. It also increases penalties for obstructing a highway when the offense is committed in concert with two or more other people.
History
Statute defines racketeering to mean any act, including any preparatory or completed offense, that is chargeable in Arizona, even if the crime occurred in a different state, that would be punishable by a year or more in prison and involves either a form of terrorism or another serious offense, including theft, extortion, forgery, kidnapping, robbery or homicide, if the offense is committed for financial gain (A.R.S. § 13-2301).
Statute classifies disorderly conduct as a class 1 misdemeanor if, with the intent to disturb the peace, a person: 1) engages in fighting or other seriously disruptive behavior; 2) makes unreasonable noise; 3) uses abusive or offensive language with the intent to provoke retaliation; or 4) refuses to obey a lawful order to disperse, and a class 6 felony if the person, with the intent to disturb the peace, recklessly handles, displays or discharges a deadly weapon or other dangerous instrument (A.R.S. § 13-2904).
Statute makes it unlawful to obstruct a highway or public thoroughfare and establishes penalties if a person:
1) recklessly interferes with the passage of any highway or public thoroughfare by creating an unreasonable hazard, classifying it as a class 2 misdemeanor, or a class 1 misdemeanor if it is a person's second violation within 24 months;
2) intentionally activates a pedestrian signal to stop traffic in order to solicit a driver for a donation or business, classifying it as a class 3 misdemeanor; or
3) intentionally obstructs the passage of a highway or public entrance that prevents other persons from gaining access to a governmental meeting or hearing, classifying it as a class 1 misdemeanor (A.R.S. § 13-2906).
Provisions
1. Establishes that a person commits civil terrorism, if:
a. the person intentionally commits vandalism or destruction of property, imminently threatens to cause unlawful and serious physical injury to another person or causes unlawful and serious physical injury to another person;
b. the person acts with the intent to deprive another person of that person’s rights under the Arizona Bill of Rights or Constitution through fear that the person will cause serious physical injury or unlawful destruction of the other person’s property if the other person does not act as the person wishes; and
c. the person either intentionally uses a deadly weapon in furtherance of the person's objective or intentionally targets critical infrastructure, public utilities, transportation systems or government buildings. (Sec. 2)
2. Establishes that a person commits subversion if the person commits an unlawful act with the intent to deprive another person of that person’s rights under the Arizona Bill of Rights or Constitution, commits an unlawful act with the intent to cause serious physical injury to another person and both of the following apply:
a. the person does either of the following:
i. intentionally advances the interests of a terrorist organization; or
ii. intentionally acts as a foreign government agent; and
b. the person commits one of the following;
i. planning or engaging in acts intended to cause serious physical injury, death or substantial destruction of government property;
ii. attempting to seize, damage or disable critical government facilities, public infrastructure or communication systems.
iii. using or planning to use weapons, explosives or other destructive devices; or
iv. coordinating action with others in which the unlawful objective involved violent interference with governmental operations. (Sec. 2)
3. Establishes that a person who commits subversion or civil terrorism is guilty of a class 5 felony. (Sec. 2)
4. Directs that the civil terrorism and subversion statutes are to be construed by any trier of fact as being written to maximally safeguard the rights of the people under the U.S. and Arizona constitutions. (Sec. 2)
5. Enhances the classification for obstructing a highway or other public thoroughfare, if the offense if committed by a group of at least three persons, to be a class 6 felony. (Sec. 4)
6. Defines pertinent terms. (Sec. 1)
7. Amends the definition of terrorism to exclude civil terrorism. (Sec. 1)
8. Amends the definition of racketeering to include civil terrorism as a predicate act. (Sec. 1)
9. Contains an effective date of January 1, 2027. (Sec. 5)
10. Makes technical and conforming changes. (Sec. 1, 3, 4)
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14. Initials NM/NP HB 2136
15. 3/6/2026 Page 0 House Engrossed
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