ARIZONA STATE SENATE

MICHELLE YOUNG

LEGISLATIVE RESEARCH INTERN

 

ZACK DEAN

LEGISLATIVE RESEARCH ANALYST

JUDICIARY & ELECTIONS COMMITTEE

Telephone: (602) 926-3171

RESEARCH STAFF

 

 

TO:                  MEMBERS OF THE SENATE

                        JUDICIARY & ELECTIONS COMMITTEE

DATE:            March 23, 2026

SUBJECT:      Strike everything amendment to H.B. 4117, relating to disturbing religious services; worship


 


Purpose

Establishes the criminal classification of interfering with a religious service or activity, which a person commits by intentionally obstructing another person's ability to enter or exit a place of religious worship or by engaging in conduct that constitutes disorderly conduct and that disrupts a religious service or activity. Classifies interfering with a religious service or activity as a class 1 misdemeanor, with certain outlined exceptions.

Background

A person commits disorderly conduct by, with intent to disturb the peace or quiet of a neighborhood, family or person or with knowledge of doing so, such person: 1) engages in fighting, violent or seriously disruptive behavior; 2) makes unreasonable noise; 3) uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; 4) makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession; 5) refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazardous or any other emergency; or 6) recklessly handles, displays or discharges a deadly weapon or dangerous instrument. Disorderly conduct is classified as a class 1 misdemeanor, except that disorderly conduct involving recklessly handling, displaying or discharging a deadly weapon or dangerous instrument is a class 6 felony (A.R.S. § 13-2904).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Establishes the criminal classification of interfering with a religious service or activity, which a person commits by intentionally doing either of the following without legal authority:

a)   obstructing, blocking or impeding another person's ability to enter or exit a place of religious worship; or

b)   engaging in conduct that constitutes disorderly conduct and that disrupts a religious service or activity.

2.   Specifies that interfering with a religious service or activity does not apply to:

a)   peaceful picketing, protesting or other expressive activity; or

b)   a law enforcement officer, a first responder or any other authorized person who is acting within the scope of the person's official duties.

3.   Specifies that a person does not need to be charged with or convicted of disorderly conduct to be found in violation of interfering with a religious service or activity.

4.   Classifies interfering with a religious service or activity as a class 1 misdemeanor, except that it is a class 6 felony if either of the following applies:

a)   the person has been previously convicted of interfering with a religious service or activity; or

b)   during commission of the offense, the person either:

i.   acted in concert with another person; or

ii.   used force, threats of force or physical intimidation.

5.   Defines in concert with another person as acting together with one or more persons pursuant to a shared intent or agreement, whether explicit or implicit, that at least one of them or another person will engage in conduct that constitutes an offense.

6.   Defines obstruct as rendering passage unreasonably difficult or hazardous by doing either of the following:

a)   standing, sitting, lying down or placing an object in order to physically block or restrict movement; or

b)   preventing the free passage of a person or vehicle.

7.   Defines place of religious worship as either of the following:

a)   a building, structure or designated location where people regularly assemble for a religious service or activity; or

b)   any location, whether public or private, when an organized religious service or activity is occurring or is about to occur.

8.   Becomes effective on the general effective date.