 |
ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
unlawful alert; arrests
Purpose
Establishes the criminal classification of unlawful alerting of another person to avoid arrest, which a person commits by knowingly communicating information to another person with intent to hinder, delay or prevent the lawful arrest of the other person.
Background
A person commits hindering prosecution if the person renders
assistance to another person with intent to hinder the apprehension,
prosecution, conviction or punishment of the other person. Acts that constitute
hindering prosecution include: 1) harboring or concealing the other
person;
2) warning the other person of impending discovery apprehension, prosecution or
conviction;
3) providing the other person with money, transportation, a weapon, a disguise
or other similar means of avoiding discovery and apprehension; 4) preventing or
obstructing an act that might aid in the discovery or apprehension of a person
by means of force, deception or intimidation;
5) suppressing evidence that might aid in discovery or apprehension by an act
of concealment, alteration or destruction; or 6) concealing the identity of the
person. Hindering prosecution in the first degree is a class 5 felony,
or a class 3 felony if the offense involves terrorism, murder or intent to
promote or assist a criminal street gang. Hindering prosecution in the
second degree is a class 1 misdemeanor if the offense is a misdemeanor
or a petty offense (A.R.S. §§ 13-2510;
13-2511;
and 13-2512).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Establishes the criminal classification of unlawful alerting of another person to avoid arrest if the person, with intent to hinder, delay or prevent the lawful arrest of the other person, knowingly communicates information to the other person that alerts them of a real-time, imminent or ongoing effort by law enforcement to execute an arrest of the other person
2. Classifies unlawful alerting of another person to avoid arrest as a class 1 misdemeanor.
3. Specifies that this criminal classification does not apply to:
a) an attorney who provides lawful legal advice to the attorney's client;
b) a person who provides information in response to a lawful request by a local, state or federal peace officer;
c) a person's communication that is made without knowledge that the person warned is the subject of an arrest; and
d) a person's communication that is made without the intent to hinder, delay or prevent the lawful arrest of another person.
4. Allows the Attorney General or the appropriate county attorney to prosecute violations.
5. Defines communicates as an electronic communication, a gesture, verbal statements, signals or the use of amplified sound bells, whistles or similar devices used for intentional signaling, written messages and any other method of conveying information.
6. Defines imminent or ongoing effort to arrest as a law enforcement activity that occurs contemporaneously with or immediately preceding an attempt to take a person into custody, including surveillance, approach, pursuit or execution of an arrest warrant.
7. Defines intentional signaling as a deliberate use of sound, light, movement or other conduct that is made for the purpose of conveying a warning to or alerting another person.
8. Defines law enforcement officer and lawful arrest.
9. Contains a severability clause.
10. Becomes effective on the general effective date.
Prepared by Senate Research
February 5, 2026
ZD/ci