Bill Text: AZ HB2212 | 2023 | Fifty-sixth Legislature 1st Regular | Engrossed
Bill Title: Criminal damage; trespassing; critical facilities
Spectrum: Partisan Bill (Republican 1-0)
Status: (Vetoed) 2023-04-11 - Governor Vetoed [HB2212 Detail]
Download: Arizona-2023-HB2212-Engrossed.html
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House Engrossed
criminal damage; trespassing; critical facilities |
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State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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HOUSE BILL 2212 |
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An Act
amending sections 13-1504, 13-1602, 13-1604, 13-4903 and 13-4904, Arizona Revised Statutes; relating to criminal penalties.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-1504, Arizona Revised Statutes, is amended to read:
13-1504. Criminal trespass in the first degree; classification
A. A person commits criminal trespass in the first degree by knowingly:
1. Entering or remaining unlawfully in or on a residential structure.
2. Entering or remaining unlawfully in a fenced residential yard.
3. Entering any residential yard and, without lawful authority, looking into the residential structure thereon in reckless disregard of infringing on the inhabitant's right of privacy.
4. Entering unlawfully on real property that is subject to a valid mineral claim or lease with the intent to hold, work, take or explore for minerals on the claim or lease.
5. Entering or remaining unlawfully on the property of another and burning, defacing, mutilating or otherwise desecrating a religious symbol or other religious property of another without the express permission of the owner of the property.
6. Entering or remaining unlawfully in or on a critical public service facility.
B. Criminal trespass in the first degree under subsection A, paragraph 6 of this section is a class 5 4 felony. Criminal trespass in the first degree under subsection A, paragraph 1 or 5 of this section is a class 6 felony. Criminal trespass in the first degree under subsection A, paragraph 2, 3 or 4 of this section is a class 1 misdemeanor.
Sec. 2. Section 13-1602, Arizona Revised Statutes, is amended to read:
13-1602. Criminal damage; classification
A. A person commits criminal damage by:
1. Recklessly defacing or damaging property of another person.
2. Recklessly tampering with property of another person so as substantially to impair its function or value.
3. Recklessly damaging property of a utility.
4. Recklessly parking any vehicle in such a manner as to deprive livestock of access to the only reasonably available water.
5. 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 3 felony if the person intentionally tampers with utility property and the damage causes an imminent safety hazard to any person.
1. 2. Criminal damage is a class 4 felony if the person recklessly damages property of another in an amount of ten thousand dollars $10,000 or more.
2. 3. Criminal damage is a class 4 felony if the person recklessly 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.
3. 4. Criminal damage is a class 5 felony if the person recklessly 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 or 3 of this subsection.
4. 5. Criminal damage is a class 6 felony 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. 6. Criminal damage is a class 1 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. 7. In all other cases criminal damage is a class 2 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. 3. 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 any cemetery, mortuary or personal property of the cemetery or mortuary or other facility used for the purpose of burial or memorializing 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 nonferrous metals or interfering with or otherwise preventing the performance of a normal function of any utility infrastructure or property or the intended course or path of any utility service.
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 actions described in subsection A, paragraph 1, 2 or 3 of this section is a class 4 felony.
(b) Resulting from actions described in subsection A, paragraph 4 of this section is a class 3 2 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 actions described in subsection A, paragraph 1, 2 or 3 of this section is a class 5 felony.
(b) Resulting from actions described in subsection A, paragraph 4 of this section is a class 4 3 felony.
3. In all other cases aggravated criminal damage is:
(a) A class 6 felony if it results from actions described in subsection A, paragraph 1, 2 or 3 of this section.
(b) A class 5 4 felony if it results from actions 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 the utility service, 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.
Sec. 4. Section 13-4903, Arizona Revised Statutes, is amended to read:
13-4903. Use of force; armed nuclear security guards
A. An armed nuclear security guard is justified in using physical force against another person at a commercial nuclear generating station or structure or fenced yard of a commercial nuclear generating station if the armed nuclear security guard reasonably believes that such force is necessary to prevent or terminate the commission or attempted commission of criminal damage under section 13-1602, subsection A, paragraph 3 and subsection B, paragraph 1, or 2 or 3, misconduct involving weapons under section 13-3102, subsection A, paragraph 13 or criminal trespass on a commercial nuclear generating station under section 13-4902.
B. Notwithstanding sections 13-403, 13-404, 13-405, 13-406, 13-408, 13-409, 13-410 and 13-411, an armed nuclear security guard is justified in using physical force up to and including deadly physical force against another person at a commercial nuclear generating station or structure or fenced yard of a commercial nuclear generating station if the armed nuclear security guard reasonably believes that such force is necessary to:
1. Prevent the commission of manslaughter under section 13-1103, second or first degree murder under section 13-1104 or 13-1105, aggravated assault under section 13-1204, subsection A, paragraph 1 or 2, kidnapping under section 13-1304, burglary in the second or first degree under section 13-1507 or 13-1508, arson of a structure or property under section 13-1703, arson of an occupied structure under section 13-1704, armed robbery under section 13-1904 or an act of terrorism under section 13-2308.01.
2. Defend oneself or a third person from the use or imminent use of deadly physical force.
C. Notwithstanding any other provision of this chapter, an armed nuclear security guard is justified in threatening to use physical or deadly physical force if and to the extent a reasonable armed nuclear security guard believes it necessary to protect oneself or others against another person's potential use of physical force or deadly physical force.
D. An armed nuclear security guard is not subject to civil liability for engaging in conduct that is otherwise justified pursuant to this chapter.
Sec. 5. Section 13-4904, Arizona Revised Statutes, is amended to read:
13-4904. Detention authority; armed nuclear security guards
A. An armed nuclear security guard, with reasonable belief, may detain in or on a commercial nuclear generating station or a structure or fenced yard of a commercial nuclear generating station in a reasonable manner and for a reasonable time any person who is suspected of committing or attempting to commit manslaughter under section 13-1103, second or first degree murder under section 13-1104 or 13-1105, aggravated assault under section 13-1204, subsection A, paragraph 1 or 2, kidnapping under section 13-1304, burglary in the second or first degree under section 13-1507 or 13-1508, criminal damage under section 13-1602, subsection A, paragraph 3 and subsection B, paragraph 1, or 2 or 3, arson of a structure or property under section 13-1703, arson of an occupied structure under section 13-1704, armed robbery under section 13-1904, an act of terrorism under section 13-2308.01, misconduct involving weapons under section 13-3102, subsection A, paragraph 13 or criminal trespass on a commercial nuclear generating station under section 13-4902 for the purpose of summoning a law enforcement officer.
B. Reasonable belief of an armed nuclear security guard is a defense to a civil or criminal action against an armed nuclear security guard for false arrest, false or unlawful imprisonment or wrongful detention.
