Bill Text: AZ SB1057 | 2016 | Fifty-second Legislature 2nd Regular | Introduced
Bill Title: Crimes; culpable mental state; requirement
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2016-03-03 - Referred to House JUD Committee [SB1057 Detail]
Download: Arizona-2016-SB1057-Introduced.html
PREFILED JAN 07 2016
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REFERENCE TITLE: crimes; culpable mental state; requirement |
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State of Arizona Senate Fifty-second Legislature Second Regular Session 2016
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SB 1057 |
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Introduced by Senator Kavanagh
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AN ACT
amending title 9, chapter 4, article 8, Arizona Revised Statutes, by adding section 9‑500.38; amending section 13‑202, Arizona Revised Statutes; relating to culpable mental states.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 9-500.38, to read:
9-500.38. Culpable mental state; misdemeanor ordinances; exemptions
A. If a city or town classifies an offense as a misdemeanor and does not expressly prescribe a culpable mental state that is sufficient for commission of the offense, the culpable mental state that is required for the commission of the offense is intentional, except that if the offense is a misdemeanor offense that is related to a drug offense the culpable mental state is knowingly. An ordinance defining a strict liability offense shall expressly prescribe that it is a strict liability offense.
B. This section does not apply to a city or town ordinance that involves:
1. A traffic violation.
2. A building code violation.
3. A food or health and safety code violation.
Sec. 2. Section 13-202, Arizona Revised Statutes, is amended to read:
13-202. Construction of statutes with respect to culpability; exemptions
A. If a statute defining an offense prescribes a culpable mental state that is sufficient for commission of the offense without distinguishing among the elements of such offense, the prescribed mental state shall apply to each such element unless a contrary legislative purpose plainly appears.
B. If a statute defining an offense does not expressly prescribe a culpable mental state that is sufficient for commission of the offense, the culpable mental state that is required for the commission of the offense is intentional, except that if the statute defining an offense is listed in chapter 34 of this title, the culpable mental state that is required for the commission of the offense is knowingly. This section does not apply to any of the following:
1. A moving traffic violation included in title 28.
2. A violation involving public health and safety included in title 36.
C. Notwithstanding
subsection B of this section, if a statute defining an offense expressly prescribes that it is a strict
liability offense and does not expressly prescribe a culpable
mental state that is sufficient for commission of the offense, no culpable
mental state is required for the commission of such
the offense, and the
offense is one of strict liability unless the proscribed conduct necessarily
involves a culpable mental state. If the offense is one of strict
liability, proof of a culpable mental state will also suffice to establish
criminal responsibility.
C. D. If a statute provides that criminal negligence suffices to establish an element of an offense, that element also is established if a person acts intentionally, knowingly or recklessly. If acting recklessly suffices to establish an element, that element also is established if a person acts intentionally or knowingly. If acting knowingly suffices to establish an element, that element is also established if a person acts intentionally.
Sec. 3. Effective date
This act is effective from and after December 31, 2016.
