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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
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HB 2136: civil terrorism; disorderly conduct; subversion
Sponsor: Representative Way, LD 15
Committee on Judiciary
Overview
Creates new statutory offenses for civil terrorism and subversion and expands Arizona’s racketeering laws to treat civil terrorism, subversion, felony disorderly conduct and riot as predicate acts for racketeering charges. It also increases penalties for disorderly conduct and 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 the person commits an unlawful act with the intent to coerce or intimidate a civilian population, classifying it as a class 5 felony. (Sec. 2)
2. Establishes that a person commits subversion if the person commits an unlawful act with the intent to:
a. advance the interests of a terrorist organization;
b. attempt to act as a foreign government agent; or
c. subvert the government of Arizona or the United States. (Sec. 2)
3. Establishes that a person who commits subversion is guilty of a class 5 felony. (Sec. 2)
4. Enhances the penalties for disorderly conduct if the offense is committed by a group comprised of at least three persons to be:
a. a class 5 felony if the persons recklessly handle, display or discharge a deadly weapon or dangerous instrument; and
b. a class 6 felony for all other forms of disorderly conduct. (Sec. 3)
5. Enhances penalties 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. Amends the definition of terrorism to exclude civil terrorism. (Sec. 1)
7. Amends the definition of racketeering to include felony disorderly conduct, riot, civil terrorism and subversion as predicate acts. (Sec. 1)
8. Contains an effective date of January 1, 2027. (Sec. 5)
9. Makes technical and conforming changes. (Sec. 1, 3, 4)
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Initials NM/NP HB 2136
2/5/2026 Page 0 Judiciary
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