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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
VETOED
obstructing governmental operations; lawful arrest
Purpose
Expands the criminal classification of obstructing governmental operations to include knowingly obstructing, impairing or hindering the making of a lawful arrest by using or threatening to use violence or physical force and classifies a violation as a class 5 felony.
Background
A person commits
obstructing governmental operations by using or threatening to use
violence or physical force to knowingly obstruct, impair or hinder the: 1)
performance of a governmental function by a public servant acting under color
of official authority; or
2) enforcement of the penal law or the preservation of the peace by a peace
officer acting under color of official authority. Obstructing governmental
operations is a class 1 misdemeanor, and does not apply to the obstruction,
impairment or hinderance of making an arrest (A.R.S.
§ 13-2402).
A person commits resisting arrest by intentionally preventing or attempting to prevent a peace officer from affecting an arrest by: 1) using or threatening physical force against the peace officer or another; 2) using any other means creating a substantial risk of causing physical injury to the peace officer or another; or 3) engaging in passive resistance, which means a nonviolent physical act or failure to act that is intended to impede, hinder or delay the effecting of an arrest. Resisting arrest is classified as a class 6 felony, except that resisting arrest by way of passive resistance is a class 1 misdemeanor (A.R.S. § 13-2508).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Expands the criminal classification of obstructing governmental operations by including the act of knowingly obstructing, impairing or hindering the making of a lawful arrest by using or threatening to use violence or physical force.
2. Classifies obstructing governmental operations in this manner as a class 5 felony.
3. Removes the stipulation that acts constituting obstructing governmental operations do not apply to the obstruction, impairment or hinderance of the making of an arrest.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Governor's Veto Message
The Governor indicates in her veto message that there are already state and federal laws that adequately govern this issue.
House Action Senate Action
PSLE 2/16/26 DP 8-4-0-0 JUDE 3/18/26 DP 4-2-1
3rd Read 2/26/26 31-22-7 3rd Read 4/8/26 16-12-2
Vetoed by the Governor 4/13/26
Prepared by Senate Research
April 24, 2026
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