HB 2007 — personal disguises; crime; evasion

HB2007Chapter 0061 - 532R - IH Ver of HB2007     PREFILED   House NOVEngrossed 21  2017  REFERENCE  TITLE:State of Arizona House of Representatives Fifty-third Legislature Second Regular Session       CHAPTER 61   HOUSE BILL 2007     AN ACT   amending section 13-701, Arizona Revised Statutes;

personalrelating disguises;to criminal sentencing.

crime;

evasion       State of Arizona House of Representatives Fifty-third Legislature Second Regular Session     HB 2007   Introduced by Representatives Lawrence:

Kern     AN ACT   amending title 13, chapter 29, Arizona Revised Statutes, by adding section 13‑2925;

relating to offenses against public order.

Section 1.  TitleSection 1.  Section 13,13-701, chapter 29, Arizona Revised Statutes, is amended by adding section 13-2925, to read:

START_STATUTE13-2925.  UnlawfulSTART_STATUTE13-701.  Sentence use of personalimprisonment disguise;for felony;

classificationpresentence A.  Itreport; is unlawful for a person to wear a disguise, whether partial or complete, to evade or escape discovery, recognition or identification while participating in any of the following:

1.  theaggravating commissionand ofmitigating anyfactors; public offense.

2.  Aconsecutive civilterms protest.of imprisonment;

3.  Adefinition politicalA.  A event.sentence of imprisonment for a felony shall be a definite term of years and the person sentenced, unless otherwise provided by law, shall be committed to the custody of the state department of corrections.

4.  AB.  No publicprisoner event.may be transferred to the custody of the state department of corrections without a certified copy of the judgment and sentence, signed by the sentencing judge, and a copy of a recent presentence investigation report unless the court has waived preparation of the report.

B.  AC.  The peaceminimum officeror maximum term imposed pursuant to section 13‑702, 13‑703, 13‑704, 13‑705, 13‑708, 13‑710, 13‑1406, 13‑3212 or 13‑3419 may detainbe aimposed persononly whoif isone wearingor amore disguiseof the circumstances alleged to verifybe in aggravation of the person'scrime identityare andfound to determinebe iftrue by the persontrier hasof committedfact beyond a publicreasonable offense.doubt or are admitted by the defendant, except that an alleged aggravating circumstance under subsection D, paragraph 11 of this section shall be found to be true by the court, or in mitigation of the crime are found to be true by the court, on any evidence or information introduced or submitted to the court or the trier of fact before sentencing or any evidence presented at trial, and factual findings and reasons in support of such findings are set forth on the record at the time of sentencing.

C.  ThisD.  For sectionthe doespurpose notof applydetermining the sentence pursuant to asubsection personC whoof isthis wearingsection, athe disguisetrier forof afact business-relatedshall purposedetermine orand duringthe anycourt eventshall orconsider atthe anyfollowing placeaggravating wherecircumstances, aexcept disguisethat maythe generallycourt beshall vieweddetermine asan partaggravating circumstance under paragraph 11 of acceptablethis attire.subsection:

D.  A1.  Infliction violationor ofthreatened thisinfliction sectionof isserious aphysical classinjury, 6 felony, except thatif itthis circumstance is aan classessential 2element felonyof if the personoffense whoof isconviction wearingor the disguise has directbeen orutilized indirectto involvementenhance inthe anrange offenseof involvingpunishment propertyunder damage,section injury13‑704. or death.

END_STATUTE2.  Use, threatened use or possession of a deadly weapon or dangerous instrument during the commission of the crime, except if this circumstance is an essential element of the offense of conviction or has been utilized to enhance the range of punishment under section 13‑704.

3.  If the offense involves the taking of or damage to property, the value of the property taken or damaged.

4.  Presence of an accomplice.

5.  Especially heinous, cruel or depraved manner in which the offense was committed.

6.  The defendant committed the offense as consideration for the receipt, or in the expectation of the receipt, of anything of pecuniary value.

7.  The defendant procured the commission of the offense by payment, or promise of payment, of anything of pecuniary value.

8.  At the time of the commission of the offense, the defendant was a public servant and the offense involved conduct directly related to the defendant's office or employment.

9.  The victim or, if the victim has died as a result of the conduct of the defendant, the victim's immediate family suffered physical, emotional or financial harm.

10.  During the course of the commission of the offense, the death of an unborn child at any stage of its development occurred.

11.  The defendant was previously convicted of a felony within the ten years immediately preceding the date of the offense.  A conviction outside the jurisdiction of this state for an offense that if committed in this state would be punishable as a felony is a felony conviction for the purposes of this paragraph.

12.  The defendant was wearing body armor as defined in section 13‑3116.

13.  The victim of the offense is at least sixty‑five years of age or is a person with a disability as defined in section 38‑492, subsection B.

14.  The defendant was appointed pursuant to title 14 as a fiduciary and the offense involved conduct directly related to the defendant's duties to the victim as fiduciary.

15.  Evidence that the defendant committed the crime out of malice toward a victim because of the victim's identity in a group listed in section 41‑1750, subsection A, paragraph 3 or because of the defendant's perception of the victim's identity in a group listed in section 41‑1750, subsection A, paragraph 3.

16.  The defendant was convicted of a violation of section 13‑1102, section 13‑1103, section 13‑1104, subsection A, paragraph 3 or section 13‑1204, subsection A, paragraph 1 or 2 arising from an act that was committed while driving a motor vehicle and the defendant's alcohol concentration at the time of committing the offense was 0.15 or more.  For the purposes of this paragraph, "alcohol concentration" has the same meaning prescribed in section 28‑101.

17.  Lying in wait for the victim or ambushing the victim during the commission of any felony.

18.  The offense was committed in the presence of a child and any of the circumstances exists that are set forth in section 13‑3601, subsection A.

19.  The offense was committed in retaliation for a victim either reporting criminal activity or being involved in an organization, other than a law enforcement agency, that is established for the purpose of reporting or preventing criminal activity.

20.  The defendant was impersonating a peace officer as defined in section 1‑215.

21.  The defendant was in violation of 8 United States Code section 1323, 1324, 1325, or 1328 at the time of the commission of the offense.

22.  The defendant used a remote stun gun or an authorized remote stun gun in the commission of the offense.  For the purposes of this paragraph:

(a)  "Authorized remote stun gun" means a remote stun gun that has all of the following:

(i)  An electrical discharge that is less than one hundred thousand volts and less than nine joules of energy per pulse.

(ii)  A serial or identification number on all projectiles that are discharged from the remote stun gun.