HB 2552 — criminal damage; monuments; memorials; statues

HB2552 - 551R - IH Ver       REFERENCEHouse TITLE:Engrossed   criminal damage;

criminal damage;

statues       State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session     HBHOUSE BILL 2552   Introduced  by  RepresentativesAN Kavanagh:ACT   amending section 13-1604, Arizona Revised Statutes;

Barton, Bolick, Burges, Chaplik, Cook, Dunn, Griffin, Kaiser, Nutt, Osborne, Parker, Payne, Roberts, Toma, Wilmeth, Senators Barto, Boyer     AN ACT   amending section 13-1604, Arizona Revised Statutes;

Section 1.  SectionSection 1. 13-1604, Arizona Revised Statutes, is amended to read:

START_STATUTE13-1604.  AggravatedSection criminal13-1604, damage;Arizona Revised Statutes, is amended to read:

classificationSTART_STATUTE13-1604. A.  A person commits aggravated criminal damage by intentionally or recklessly without the express permission of the owner:

1.  Defacing,Aggravated damagingcriminal ordamage; in any way changing the appearance of any building, structure, personal property or place used for worship or any religious purpose.

2.  Defacingclassification orA. damaging any building, structure or place used as a school or as an educational facility.

3.  Defacing,A damagingperson orcommits tamperingaggravated withcriminal adamage publicby orintentionally private monument, memorial or statue,recklessly anywithout cemetery, mortuary or personal property of the cemeteryexpress orpermission mortuary or any other facility used for the purpose of burial or memorializing the dead.owner:

4.  Defacing,1. damaging or tampering with any utility or agricultural infrastructure or property, construction site or existing structure for the purpose of obtaining nonferrous metals.

C.  B.  InDefacing, determiningdamaging the amount of damage to property, damages include the cost of repair or replacementin ofany theway propertychanging that was damaged, the costappearance of the loss of crops and livestock, reasonable labor costs of any kind,building, reasonablestructure, materialpersonal costsproperty ofor anyplace kind and any reasonable costs that are attributed to equipment that is used tofor abateworship or repairany thereligious damagepurpose. to the property.

B.  c.  Aggravated2. criminal damage is punishable as follows:

1.  IfDefacing the person intentionally or recklesslydamaging does any actbuilding, describedstructure inor subsectionplace Aused ofas thisa sectionschool thator causesas damage to the property of another in an amounteducational offacility. ten thousand dollars $10,000 or more, aggravated criminal damage:

(a)  Resulting3. from actions described in subsection A, paragraph 1, 2 or 3 of this section is a class 4 felony.

(b)  ResultingDefacing, fromdamaging actionsor describedtampering inwith subsectiona A,public paragraphor 4private monument, memorial or statue, any cemetery, mortuary or personal property of thisthe sectioncemetery isor amortuary classor 3any felony.other facility used for the purpose of burial or memorializing the dead.

2.  If4. 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)  ResultingDefacing, fromdamaging actionsor describedtampering inwith subsectionany A,utility paragraphor 1,agricultural 2infrastructure or 3property, ofconstruction thissite sectionor isexisting astructure classfor 5the felony.purpose of obtaining nonferrous metals.

(b)  ResultingC. from actions described in subsection A, paragraph 4 of this section is a class 4 felony.

3.  InB. all other cases aggravated criminal damage is:

(a)  AIn classdetermining 6the felonyamount ifof itdamage resultsto fromproperty, actionsdamages describedinclude inthe subsectioncost A,of paragraphrepair 1,or 2replacement orof 3the property that was damaged, the cost of thisthe section.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.

(b)  AB. class 5 felony if it results from actions described in subsection A, paragraph 4 of this section.END_STATUTE

c.

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 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 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 felony if it results from actions described in subsection A, paragraph 4 of this section.END_STATUTE