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REFERENCE TITLE: unlawful alert; arrests |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SB 1635 |
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Introduced by Senator Kavanagh
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AN ACT
AMENDING Title 13, chapter 25, ARIZONA REVISED STATUTES, BY ADDING SECTION 13-2515; RELATING TO ESCAPE AND RELATED OFFENSES.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 25, Arizona Revised Statutes, is amended by adding section 13-2515, to read:
13-2515. Unlawful alerting of another person to avoid arrest; classification; definitions
A. A person commits unlawful alerting of another person to avoid arrest if the person, with the intent to hinder, delay or prevent the lawful arrest of the other person, knowingly communicates information to the other person that alerts or warns the other person of a real-time, imminent or ongoing effort to arrest the other person by a local, state or federal law enforcement officer.
B. This section does not apply to:
1. An attorney who provides lawful legal advice to the attorney's client.
2. A person who provides information in response to a lawful request by a local, state or federal law enforcement officer.
3. A person's Communication that is made without knowledge that the person warned is the subject of an arrest.
4. A person's communication that is made without the intent to hinder, delay or prevent the lawful arrest of another person.
C. The attorney general or the county attorney of the county in which the offense occurs may prosecute violations of this section.
D. Unlawful alerting of another person to avoid arrest is a class 1 misdemeanor.
E. For the purposes of this section:
1. "Communicates" includes:
(a) An electronic communication.
(b) A gesture.
(c) Verbal statements.
(d) Signals or the use of amplified sounds bells, whistles or similar devices when used as intentional signaling.
(e) A written message.
(f) Any other method of conveying information that is not listed in subdivision (a), (b), (c), (d) or (e) of this paragraph.
2. "Imminent or ongoing effort to arrest":
(a) Means a law enforcement activity that occurs contemporaneously with or immediately preceding an attempt to take a person into custody.
(b) Includes surveillance, approach, pursuit or execution of an arrest warrant by a law enforcement officer.
3. "Intentional signaling" means a person's deliberate use of sound, light, movement or other conduct that is made for the purpose of conveying a warning to or alerting another person.
4. "Law enforcement officer" means an individual who is authorized by law to engage in or supervise the prevention, detection, investigation or enforcement of laws and who is employed by or acting on behalf of a local, state or federal governmental entity.
5. "Lawful arrest" means an arrest that is supported by legal authority and probable cause even if a warrant has not been issued.
If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.