Bill Text: AZ SCR1006 | 2023 | Fifty-sixth Legislature 1st Regular | Enrolled
Bill Title: Death benefit; assault; first responders.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2023-03-09 - Transmitted to Secretary of State [SCR1006 Detail]
Download: Arizona-2023-SCR1006-Enrolled.html
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Senate Engrossed
death benefit; assault; first responders. |
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State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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SENATE CONCURRENT RESOLUTION 1006 |
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A Concurrent Resolution
enacting and ordering the submission to the people of a measure relating to first responders.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:
1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to first responders, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:
AN ACT
amending title 12, chapter 1, article 1, Arizona Revised Statutes, by adding section 12-116.12; repealing section 12-116.12, Arizona Revised Statutes; Amending section 13-1204, Arizona Revised Statutes; amending section 13-1204, Arizona Revised Statutes, as amended by section 3 of this resolution; Amending Title 38, chapter 8, Arizona Revised Statutes, by adding article 4; repealing title 38, chapter 8, article 4, Arizona Revised Statutes; relating to first responders.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 12-116.12, to read:
12-116.12. Penalty fee; first responder's supplemental death benefit
A. Beginning from and after June 30, 2025, in addition to any other penalty, fine, fee, surcharge or aSSESSMENT authorized by law, a person shall pay a penalty fee of $20 on every conviction for a criminal offense.
B. The court shall transmit the penalty fee collected pursuant to this section to the county treasurer, except that municipal courts shall transmit the penalty fee to the city or town treasurer.
C. The city, town or county treasurer shall transmit the penalty fees to the state treasurer. The state treasurer shall deposit the penalty fees, pursuant to sections 35-146 and 35-147, in the state supplemental benefit fund established by section 38-1173.
D. The court may not waive or mitigate the penalty fee.
Sec. 2. Delayed repeal
Section 12-116.12, Arizona Revised Statutes, as added by this act, is repealed from and after December 31, 2032.
Sec. 3. Section 13-1204, Arizona Revised Statutes, is amended to read:
13-1204. Aggravated assault; classification; definitions
A. Until January 1, 2033, a person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances:
1. If the person causes serious physical injury to another.
2. If the person uses a deadly weapon or dangerous instrument.
3. If the person commits the assault by any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part or a fracture of any body part.
4. If the person commits the assault while the victim is bound or otherwise physically restrained or while the victim's capacity to resist is substantially impaired.
5. If the person commits the assault after entering the private home of another with the intent to commit the assault.
6. If the person is eighteen years of age or older and commits the assault on a minor under fifteen years of age.
7. If the person commits assault as prescribed by section 13-1203, subsection A, paragraph 1 or 3 and the person is in violation of an order of protection issued against the person pursuant to section 13-3602 or 13-3624.
8. If the person commits the assault knowing or having reason to know that the victim is any of the following:
(a) A peace officer first responder or a person summoned and directed by the officer first responder.
(b) A constable or a person summoned and directed by the constable while engaged in the execution of any official duties or if the assault results from the execution of the constable's official duties.
(c) A firefighter, fire investigator, fire inspector, emergency medical technician or paramedic engaged in the execution of any official duties or a person summoned and directed by such individual while engaged in the execution of any official duties or if the assault results from the execution of the official duties of the firefighter, fire investigator, fire inspector, emergency medical technician or paramedic.
(d) (c) A teacher or other person employed by any school and the teacher or other employee is on the grounds of a school or grounds adjacent to the school or is in any part of a building or vehicle used for school purposes, any teacher or school nurse visiting a private home in the course of the teacher's or nurse's professional duties or any teacher engaged in any authorized and organized classroom activity held on other than school grounds.
(e) (d) A health care worker while engaged in the health care worker's work duties or a health care practitioner who is certified or licensed pursuant to title 32, chapter 13, 14, 15, 17 or 25, or a person summoned and directed by the licensed health care practitioner while engaged in the person's professional duties. This subdivision does not apply if the person who commits the assault does not have the ability to form the culpable mental state because of a mental disability or because the person is seriously mentally ill, as defined in section 36-550.
(f) (e) A prosecutor while engaged in the execution of any official duties or if the assault results from the execution of the prosecutor's official duties.
(g) (f) A code enforcement officer as defined in section 39-123 while engaged in the execution of any official duties or if the assault results from the execution of the code enforcement officer's official duties.
(h) (g) A state or municipal park ranger while engaged in the execution of any official duties or if the assault results from the execution of the park ranger's official duties.
(i) (h) A public defender while engaged in the execution of any official duties or if the assault results from the execution of the public defender's official duties.
(j) (i) A judicial officer while engaged in the execution of any official duties or if the assault results from the execution of the judicial officer's official duties.
9. If the person knowingly takes or attempts to exercise control over any of the following:
(a) A peace officer's first responder's or other officer's firearm and the person knows or has reason to know that the victim is a peace officer first responder or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection.
(b) Any weapon other than a firearm that is being used by a peace officer first responder or other officer or that the first responder or other officer is attempting to use, and the person knows or has reason to know that the victim is a peace officer first responder or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection.
(c) Any implement that is being used by a peace officer first responder or other officer or that the first responder or other officer is attempting to use, and the person knows or has reason to know that the victim is a peace officer first responder or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection. For the purposes of this subdivision, "implement" means an object that is designed for or that is capable of restraining or injuring an individual. Implement does not include handcuffs.
10. If the person meets both of the following conditions:
(a) Is imprisoned or otherwise subject to the custody of any of the following:
(i) The state department of corrections.
(ii) The department of juvenile corrections.
(iii) A law enforcement agency.
(iv) A county or city jail or an adult or juvenile detention facility of a city or county.
(v) Any other entity that is contracting with the state department of corrections, the department of juvenile corrections, a law enforcement agency, another state, any private correctional facility, a county, a city or the federal bureau of prisons or other federal agency that has responsibility for sentenced or unsentenced prisoners.
(b) Commits an assault knowing or having reason to know that the victim is acting in an official capacity as an employee of any of the entities listed in subdivision (a) of this paragraph.
11. If the person uses a simulated deadly weapon.
B. Until january 1, 2033, a person commits aggravated assault if the person commits assault by either intentionally, knowingly or recklessly causing any physical injury to another person, intentionally placing another person in reasonable apprehension of imminent physical injury or knowingly touching another person with the intent to injure the person, and both of the following occur:
1. The person intentionally or knowingly impedes the normal breathing or circulation of blood of another person by applying pressure to the throat or neck or by obstructing the nose and mouth either manually or through the use of an instrument.
2. Any of the circumstances exists that are set forth in section 13-3601, subsection A, paragraph 1, 2, 3, 4, 5 or 6.
C. A person who is convicted of intentionally or knowingly committing aggravated assault on a peace officer first responder pursuant to subsection A, paragraph 1 or 2 of this section shall be sentenced to imprisonment for not less than the presumptive sentence authorized under chapter 7 of this title and is not eligible for suspension of sentence, commutation or release on any basis until the sentence imposed is served.
D. It is not a defense to a prosecution for assaulting a peace officer or a mitigating circumstance that the peace officer was not on duty or engaged in the execution of any official duties.
E. Except pursuant to subsections F and G of this section, aggravated assault pursuant to subsection A, paragraph 1 or 2, paragraph 9, subdivision (a) or paragraph 11 of this section is a class 3 felony except if the aggravated assault is a violation of subsection A, paragraph 1 or 2 of this section and the victim is under fifteen years of age it is a class 2 felony punishable pursuant to section 13-705. Aggravated assault pursuant to subsection A, paragraph 3 or subsection B of this section is a class 4 felony. Aggravated assault pursuant to subsection A, paragraph 9, subdivision (b) or paragraph 10 of this section is a class 5 felony. Aggravated assault pursuant to subsection A, paragraph 4, 5, 6, 7 or 8 or paragraph 9, subdivision (c) of this section is a class 6 felony.
F. Aggravated assault pursuant to subsection A, paragraph 1 or 2 of this section committed on a peace officer first responder is a class 2 felony. Aggravated assault pursuant to subsection A, paragraph 3 of this section committed on a peace officer first responder is a class 3 felony. Aggravated assault pursuant to subsection A, paragraph 8, subdivision (a) of this section committed on a peace officer first responder is a class 5 4 felony unless the assault results in any physical injury to the peace officer first responder, in which case it is a class 4 3 felony.
G. Aggravated assault pursuant to:
1. Subsection A, paragraph 1 or 2 of this section is a class 2 felony if committed on a prosecutor.
2. Subsection A, paragraph 3 of this section is a class 3 felony if committed on a prosecutor.
3. Subsection A, paragraph 8, subdivision (f) (e) of this section is a class 5 felony if the assault results in physical injury to a prosecutor.
H. For the purposes of this section:
1. "First responder" MEANS:
(a) A peace officer.
(b) a firefighter, a fire marshal, a fire inspector, an emergency medical care technician or a paramedic who is engaged in the execution of any official duties.
(c) A tribal police officer.
1. 2. "Health care worker" means:
(a) A person who is employed by or contracted to work at a health care institution that is licensed pursuant to title 36.
(b) A person who is employed or contracted to provide health care or related services in a fieldwork setting, including:
(i) Home health care, home-based hospice and home-based social work, unless the worker is employed or contracted by an individual who privately employs, in the individual's residence, the worker to perform covered services for the individual or a family member of the individual.
(ii) Any emergency services and transport, including the services provided by firefighters and emergency responders.
2. 3. "Judicial officer" means a justice of the supreme court, judge, justice of the peace or magistrate or a commissioner or hearing officer of a state, county or municipal court.
3. 4. "Mental disability" means a disabling neurological condition, or brain injury, or involuntary impairment as a result of a medication that is administered by a health care provider or a medical procedure that is performed at a health care treatment site.
4. 5. "Prosecutor" means a county attorney, a municipal prosecutor or the attorney general and includes an assistant or deputy county attorney, municipal prosecutor or attorney general.
Sec. 4. Section 13-1204, Arizona Revised Statutes, as amended by section 3 of this resolution, is amended to read:
13-1204. Aggravated assault; classification; definitions
A. Beginning from and after December 31, 2032, a person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances:
1. If the person causes serious physical injury to another.
2. If the person uses a deadly weapon or dangerous instrument.
3. If the person commits the assault by any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part or a fracture of any body part.
4. If the person commits the assault while the victim is bound or otherwise physically restrained or while the victim's capacity to resist is substantially impaired.
5. If the person commits the assault after entering the private home of another with the intent to commit the assault.
6. If the person is eighteen years of age or older and commits the assault on a minor under fifteen years of age.
7. If the person commits assault as prescribed by section 13-1203, subsection A, paragraph 1 or 3 and the person is in violation of an order of protection issued against the person pursuant to section 13-3602 or 13-3624.
8. If the person commits the assault knowing or having reason to know that the victim is any of the following:
(a) A first responder peace officer or a person summoned and directed by the first responder officer.
(b) A constable or a person summoned and directed by the constable while engaged in the execution of any official duties or if the assault results from the execution of the constable's official duties.
(c) A firefighter, fire investigator, fire inspector, emergency medical technician or paramedic engaged in the execution of any official duties or a person summoned and directed by such individual while engaged in the execution of any official duties or if the assault results from the execution of the official duties of the firefighter, fire investigator, fire inspector, emergency medical technician or paramedic.
(c) (d) A teacher or other person employed by any school and the teacher or other employee is on the grounds of a school or grounds adjacent to the school or is in any part of a building or vehicle used for school purposes, any teacher or school nurse visiting a private home in the course of the teacher's or nurse's professional duties or any teacher engaged in any authorized and organized classroom activity held on other than school grounds.
(d) (e) A health care worker while engaged in the health care worker's work duties or a health care practitioner who is certified or licensed pursuant to title 32, chapter 13, 14, 15, 17 or 25, or a person summoned and directed by the licensed health care practitioner while engaged in the person's professional duties. This subdivision does not apply if the person who commits the assault does not have the ability to form the culpable mental state because of a mental disability or because the person is seriously mentally ill, as defined in section 36-550.
(e) (f) A prosecutor while engaged in the execution of any official duties or if the assault results from the execution of the prosecutor's official duties.
(f) (g) A code enforcement officer as defined in section 39-123 while engaged in the execution of any official duties or if the assault results from the execution of the code enforcement officer's official duties.
(g) (h) A state or municipal park ranger while engaged in the execution of any official duties or if the assault results from the execution of the park ranger's official duties.
(h) (i) A public defender while engaged in the execution of any official duties or if the assault results from the execution of the public defender's official duties.
(i) (j) A judicial officer while engaged in the execution of any official duties or if the assault results from the execution of the judicial officer's official duties.
9. If the person knowingly takes or attempts to exercise control over any of the following:
(a) A first responder's peace officer's or other officer's firearm and the person knows or has reason to know that the victim is a first responder peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection.
(b) Any weapon other than a firearm that is being used by a first responder peace officer or other officer or that the first responder or other officer is attempting to use, and the person knows or has reason to know that the victim is a first responder peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection.
(c) Any implement that is being used by a first responder peace officer or other officer or that the first responder or other officer is attempting to use, and the person knows or has reason to know that the victim is a first responder peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection. For the purposes of this subdivision, "implement" means an object that is designed for or that is capable of restraining or injuring an individual. Implement does not include handcuffs.
10. If the person meets both of the following conditions:
(a) Is imprisoned or otherwise subject to the custody of any of the following:
(i) The state department of corrections.
(ii) The department of juvenile corrections.
(iii) A law enforcement agency.
(iv) A county or city jail or an adult or juvenile detention facility of a city or county.
(v) Any other entity that is contracting with the state department of corrections, the department of juvenile corrections, a law enforcement agency, another state, any private correctional facility, a county, a city or the federal bureau of prisons or other federal agency that has responsibility for sentenced or unsentenced prisoners.
(b) Commits an assault knowing or having reason to know that the victim is acting in an official capacity as an employee of any of the entities listed in subdivision (a) of this paragraph.
11. If the person uses a simulated deadly weapon.
B. Beginning from and after December 31, 2032, a person commits aggravated assault if the person commits assault by either intentionally, knowingly or recklessly causing any physical injury to another person, intentionally placing another person in reasonable apprehension of imminent physical injury or knowingly touching another person with the intent to injure the person, and both of the following occur:
1. The person intentionally or knowingly impedes the normal breathing or circulation of blood of another person by applying pressure to the throat or neck or by obstructing the nose and mouth either manually or through the use of an instrument.
2. Any of the circumstances exists that are set forth in section 13-3601, subsection A, paragraph 1, 2, 3, 4, 5 or 6.
C. A person who is convicted of intentionally or knowingly committing aggravated assault on a first responder peace officer pursuant to subsection A, paragraph 1 or 2 of this section shall be sentenced to imprisonment for not less than the presumptive sentence authorized under chapter 7 of this title and is not eligible for suspension of sentence, commutation or release on any basis until the sentence imposed is served.
D. It is not a defense to a prosecution for assaulting a peace officer or a mitigating circumstance that the peace officer was not on duty or engaged in the execution of any official duties.
E. Except pursuant to subsections F and G of this section, aggravated assault pursuant to subsection A, paragraph 1 or 2, paragraph 9, subdivision (a) or paragraph 11 of this section is a class 3 felony except if the aggravated assault is a violation of subsection A, paragraph 1 or 2 of this section and the victim is under fifteen years of age it is a class 2 felony punishable pursuant to section 13-705. Aggravated assault pursuant to subsection A, paragraph 3 or subsection B of this section is a class 4 felony. Aggravated assault pursuant to subsection A, paragraph 9, subdivision (b) or paragraph 10 of this section is a class 5 felony. Aggravated assault pursuant to subsection A, paragraph 4, 5, 6, 7 or 8 or paragraph 9, subdivision (c) of this section is a class 6 felony.
F. Aggravated assault pursuant to subsection A, paragraph 1 or 2 of this section committed on a first responder peace officer is a class 2 felony. Aggravated assault pursuant to subsection A, paragraph 3 of this section committed on a first responder peace officer is a class 3 felony. Aggravated assault pursuant to subsection A, paragraph 8, subdivision (a) of this section committed on a first responder peace officer is a class 4 5 felony unless the assault results in any physical injury to the first responder peace officer, in which case it is a class 3 4 felony.
G. Aggravated assault pursuant to:
1. Subsection A, paragraph 1 or 2 of this section is a class 2 felony if committed on a prosecutor.
2. Subsection A, paragraph 3 of this section is a class 3 felony if committed on a prosecutor.
3. Subsection A, paragraph 8, subdivision (e) (f) of this section is a class 5 felony if the assault results in physical injury to a prosecutor.
H. For the purposes of this section:
1. "First responder" means:
(a) A peace officer.
(b) a firefighter, a fire marshal, a fire inspector, an emergency medical care technician or a paramedic who is engaged in the execution of any official duties.
2. 1. "Health care worker" means:
(a) A person who is employed by or contracted to work at a health care institution that is licensed pursuant to title 36.
(b) A person who is employed or contracted to provide health care or related services in a fieldwork setting, including:
(i) Home health care, home-based hospice and home-based social work, unless the worker is employed or contracted by an individual who privately employs, in the individual's residence, the worker to perform covered services for the individual or a family member of the individual.
(ii) Any emergency services and transport, including the services provided by firefighters and emergency responders.
3. 2. "Judicial officer" means a justice of the supreme court, judge, justice of the peace or magistrate or a commissioner or hearing officer of a state, county or municipal court.
4. 3. "Mental disability" means a disabling neurological condition, or brain injury, or involuntary impairment as a result of a medication that is administered by a health care provider or a medical procedure that is performed at a health care treatment site.
5. 4. "Prosecutor" means a county attorney, a municipal prosecutor or the attorney general and includes an assistant or deputy county attorney, municipal prosecutor or attorney general.
Sec. 5. Title 38, chapter 8, Arizona Revised Statutes, is amended by adding article 4, to read:
ARTICLE 4. FIRST RESPONDERS
38-1171. Definitions
In this article, unless the context otherwise requires:
1. "First responder":
(a) has the same meaning prescribed in section 13-1204.
(b) Includes a member of the Arizona national guard who is on state active duty in this state and a correctional officer who is employed by the state department of corrections.
2. "Killed in the line of duty" means killed as the result of another person's criminal act while in the performance of the first responder's official duties.
38-1172. State death benefit
In addition to any other death benefit, beginning from and after June 30, 2025, if a first responder is killed in the line of duty, on written notice to the state treasurer from the first responder's employer this state shall pay a state death benefit of $250,000 to the first responder's surviving spouse. If the first responder does not have a surviving spouse but has children, this state shall pay a state death benefit of $250,000, divided equally among the first responder's children. The state shall pay the death benefit within thirty days after receiving the written notice from the first responder's employer.
38-1173. State supplemental benefit fund
The state supplemental benefit fund is established consisting of monies deposited pursuant to section 12-116.12 and monies appropriated by the legislature. The state treasurer shall administer the fund for the purposes specified in section 38-1172. Monies in the fund are continuously appropriated. If at any time the monies in the fund exceed $2,000,000 the legislature may appropriate those excess monies for peace officer training, equipment and other benefits, including assistance to first responders who are seriously injured in the line of duty and the first responder's family.
Sec. 6. Delayed repeal
Title 38, chapter 8, article 4, Arizona Revised Statutes, as added by this act, is repealed from and after December 31, 2032.
Sec. 7. Finding; intent; purpose
A. The people of this state find and declare that:
1. Arizona's first responders are on the front lines for public safety and the peaceful enjoyment of this state's civil society.
2. First responders nationally and in this state have increasingly become targets for criminal assault, causing their injury and death. This has resulted in both heightened early retirements of first responders and difficulty in recruiting new first responders.
B. The intent of this act is to increase the criminal penalties against persons who assault first responders in this state and to increase the death benefits for the families of first responders who are killed in the line of duty in this state.
C. The purpose of this act is:
1. To stem the violence against first responders in this state.
2. To help retain and recruit first responders in this state by better providing for the families of first responders who are killed in the line of duty in this state.
Sec. 8. Severability
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 application 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.
Sec. 9. Short title
This act may be cited as the "Back the Blue Act".
2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona.
PASSED BY THE HOUSE MARCH 7, 2023.
PASSED BY THE SENATE FEBRUARY 28, 2023.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 9, 2023.
