PREFILED JAN 04 2022
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REFERENCE TITLE: criminal damage; monuments; memorials; classification |
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State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
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HB 2032 |
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Introduced by Representative Kavanagh
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AN ACT
amending sections 13-1602 and 13-1604, Arizona Revised Statutes; relating to criminal damage.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-1602, Arizona Revised Statutes, is amended to read:
13-1602. Criminal damage; classification
A. A person commits criminal damage by:
1. Intentionally or recklessly defacing or damaging property of another person.
2. Intentionally or recklessly tampering with property of another person so as substantially to impair its function or value.
3. Intentionally or recklessly damaging property of a utility.
4. Intentionally or recklessly parking any vehicle in such a manner as to deprive livestock of access to the only reasonably available water.
5. Intentionally or recklessly drawing or inscribing a message, slogan, sign or symbol that is made on any public or private building, structure or surface, except the ground, and that is made without permission of the owner.
6. Intentionally tampering with utility property.
B. Criminal damage is punished as follows:
1. Criminal damage is a class 4 felony if the person intentionally damages the property of another in an amount of $10,000 or more and is a class 5 felony if the person recklessly damages property of another in an amount of ten thousand dollars $10,000 or more.
2. Criminal damage is a class 4 felony if the person recklessly intentionally damages the property of a utility in an amount of five thousand dollars $5,000 or more or if the person intentionally tampers with utility property and the damage causes an imminent safety hazard to any person. Criminal damage is a class 5 felony if the person recklessly damages the property of a utility in an amount of $5,000 or more.
3. Criminal damage is a class 5 felony if the person recklessly intentionally damages property of another in an amount of two thousand dollars $2,000 or more but less than ten thousand dollars $10,000 or if the damage is inflicted to promote, further or assist any criminal street gang or criminal syndicate with the intent to intimidate and the person is not subject to paragraph 1 or 2 of this subsection. Criminal damage is a class 6 felony if the person recklessly damages property of another in an amount of $2,000 or more but less than $10,000 or if the damage is inflicted to promote, further or assist any criminal street gang or criminal syndicate with the intent to intimidate and the person is not subject to paragraph 1 or 2 of this subsection.
4. Criminal damage is a class 6 felony if the person intentionally damages property of another in an amount of $1,000 or more but less than $2,000. Criminal damage is a class 1 misdemeanor if the person recklessly damages property of another in an amount of one thousand dollars $1,000 or more but less than two thousand dollars $2,000.
5. Criminal damage is a class 1 misdemeanor if the person intentionally damages property of another in an amount of more than $250 but less than $1,000. Criminal damage is a class 2 misdemeanor if the person recklessly damages property of another in an amount of more than two hundred fifty dollars $250 but less than one thousand dollars $1,000.
6. In all other cases criminal damage is a class 2 3 misdemeanor.
C. For a violation of subsection A, paragraph 5 of this section, in determining the amount of damage to property, damages include reasonable labor costs of any kind, reasonable material costs of any kind and any reasonable costs that are attributed to equipment that is used to abate or repair the damage to the property.
Sec. 2. Section 13-1604, Arizona Revised Statutes, is amended to read:
13-1604. Aggravated criminal damage; classification
A. A person commits aggravated criminal damage by intentionally or recklessly without the express permission of the owner:
1. Defacing, damaging or in any way changing the appearance of any building, structure, personal property or place used for worship or any religious purpose.
2. Defacing or damaging any building, structure or place used as a school or as an educational facility.
3. Defacing, damaging or tampering with a public or private monument, memorial or statue, any cemetery, mortuary or personal property of the cemetery or mortuary or any other facility used for the purpose of burial to bury or memorializing memorialize the dead.
4. Defacing, damaging or tampering with any utility or agricultural infrastructure or property, construction site or existing structure for the purpose of obtaining to obtain nonferrous metals.
B. Aggravated criminal damage is punishable as follows:
1. If the person intentionally or recklessly does any act described in subsection A of this section that causes damage to the property of another in an amount of ten thousand dollars $10,000 or more, aggravated criminal damage:
(a) Resulting from:
(i) actions an intentional act described in subsection A, paragraph 1, 2 or 3 of this section is a class 4 felony.
(ii) A reckless act described in subsection A, paragraph 1, 2 or 3 of this section is a class 5 felony.
(b) Resulting from:
(i) actions an intentional act described in subsection A, paragraph 4 of this section is a class 3 felony.
(ii) A reckless act described in subsection A, paragraph 4 of this section is a class 4 felony.
2. If the person intentionally or recklessly damages property of another in an amount of one thousand five hundred dollars $1,500 or more but less than ten thousand dollars $10,000, aggravated criminal damage:
(a) Resulting from:
(i) actions an intentional act described in subsection A, paragraph 1, 2 or 3 of this section is a class 5 felony.
(ii) A reckless act described in subsection A, paragraph 1, 2 or 3 of this section is a class 6 felony.
(b) Resulting from:
(i) actions an intentional act described in subsection A, paragraph 4 of this section is a class 4 felony.
(ii) A reckless act described in subsection A, paragraph 4 of this section is a class 5 felony.
3. In all other cases aggravated criminal damage is:
(a) A class 6 felony if it results from actions an intentional act described in subsection A, paragraph 1, 2 or 3 of this section and a class 1 misdemeanor if it results from a reckless act described in subsection A, paragraph 1, 2 or 3 of this section.
(b) A class 5 felony if it results from actions an intentional act described in subsection A, paragraph 4 of this section and a class 6 felony if it results from a reckless act described in subsection A, paragraph 4 of this section.
C. In determining the amount of damage to property, damages include the cost of repair or replacement of the property that was damaged, the cost of the loss of crops and livestock, reasonable labor costs of any kind, reasonable material costs of any kind and any reasonable costs that are attributed to equipment that is used to abate or repair the damage to the property.