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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: PS DP 4-3-0-0 | Third Read 16-11-3-0-0House: JUD DP 5-2-0-2 |
SB 1093: riot; planning; participation; racketeering
Sponsor: Senator Finchem, LD 1
Caucus & COW
Overview
Amends the classification of riot to include force or a threat of force that results in damage to another person's property. Adds riot to the list of predicate offenses for conspiracy and racketeering.
History
A person commits conspiracy if, with the intent to promote or aid the commission of an offense, the person agrees with one or more persons that at least one of them, or another person, will engage in conduct constituting the offense and one of the parties commits an overt act in furtherance of the offense. However, an overt act is not required if the conspiracy’s object is to commit a felony on another person or if the offense is first-degree burglary or arson of an occupied structure (A.R.S. § 13-1003).
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).
A person commits riot if, with two or more other persons acting together, such person recklessly uses or threatens to use force or violence, if such threat is accompanied by immediate power of execution, which disturbs the public peace (A.R.S. § 13-2903).
Provisions
1. Modifies the definition of conspiracy to include riot under the list of predicate offenses which do not require an overt act. (Sec. 1)
2. Includes in the definition of racketeering to include riot as a predicate offense. (Sec. 2)
3. Alters the elements of riot to include if the reckless use or threat of force results in damage to the property of another person. (Sec. 3)
4. Makes technical changes. (Sec. 1, 2)
5. Makes conforming changes. (Sec. 2)
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9. Initials NM/NP SB 1093
10. 3/04/2026 Page 0 Caucus & COW
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