|
|
ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
|
|
HB 2175: crimes; hostility towards victims; sentencing
Sponsor: Representative Willoughby, LD 13
Committee on Judiciary
Overview
Establishes enhanced sentencing and classification provisions for certain offenses committed out of hostility toward a victim based on specified identity characteristics such as race, gender or political affiliation.
History
The Department of Public Safety (DPS) is responsible for operating Arizona’s Central State Repository for criminal history records. Statute directs criminal justice agencies to submit, and DPS to collect, various kinds of data and crime statistics, including information concerning criminal offences that manifest evidence of prejudice based on race, color, religion, national origin, sexual orientation, gender, antisemitism or disability (A.R.S. § 41-1750).
Under current law, the sentencing of crimes is affected by various aggravating and mitigating factors which are to be considered by the court when imposing a sentence. Included among the aggravating factors is evidence that an offence was committed out of malice toward a victim because of the victim’s identity in a protected group, or because of the defendant’s perception of the victim’s identity in that group. The defined list of protected groups is the same aforesaid list for which DPS collects criminal data (A.R.S. § 13-701).
Provisions
General Felony Enhancements
1. Creates special enhanced sentencing provisions for a person convicted of various felony offenses committed out of hostility toward a victim because of the victim’s identity in a protected group, or because of the defendant’s perception of the victim’s identity in that group. (Sec. 1)
2. Makes such an offender generally ineligible for suspension of sentence, probation, pardon or release from confinement on any basis until the imposed sentence is served, the person is eligible for release into community supervision or the sentence is commuted. (Sec. 1)
3. Increases the presumptive, minimum and maximum prison sentences for any qualifying crimes by:
a. three years if the offense is a class 4, 5 or 6 felony; or
b. five years if the offense is a class 2 or 3 felony. (Sec. 1)
4. Stipulates that the aforesaid enhancements are in addition to any other enhancements that apply. (Sec. 1)
5. Asserts that this Act does not affect or limit constitutional rights to lawful free speech or other recognized constitutional or legal rights. (Sec. 1, 2, 3)
Enhancements for Particular Misdemeanors
6. Raises the penalty for assault, from a class 1 misdemeanor to a class 6 felony, if committed out of hostility toward a victim because of the victim’s identity in a protected group, or because of the defendant’s perception of the victim’s identity in that group. (Sec. 2)
7. Raises the penalty for criminal damage of a property worth $250-$1,000, from a class 1 misdemeanor to a class 6 felony, if committed out of hostility toward a victim because of the victim’s identity in a protected group, or because of the defendant’s perception of the victim’s identity in that group. (Sec. 3)
Miscellaneous
8. Expands protected identity groups to include political expression and political affiliation. (Sec. 6)
9. Directs DPS to also collect information on criminal offences that manifest prejudice based on political expression or political affiliation. (Sec. 6)
10. Makes technical and conforming changes. (Sec. 3-5)
---------- DOCUMENT FOOTER ---------
Initials NM HB 2175
1/22/2026 Page 0 Judiciary
---------- DOCUMENT FOOTER ---------