SB 1226 — issuance; affidavit; arrest warrant

SB1226 - 551R - H-JudiciaryS -Ver Strike  Everything-Proposed    Fifty-fifthSenate Legislature                                                Engrossed Judiciary  Firstissuance; Regular Session                                                   S.B.

 affidavit; PROPOSED HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B.

1226arrest (Referencewarrant to      State of Arizona Senate engrossedFifty-fifth bill)Legislature First Regular Session     SENATE BILL 1226     Strike  everythingAN afterACT the  enactingamending clausetitle and13, insert:chapter 38, article 7, Arizona Revised Statutes, by adding section 13-3904;

"Section 1.relating to arrest warrants.

Section  13-2902,  Arizona(TEXT RevisedOF Statutes,BILL isBEGINS amendedON toNEXT read:PAGE)   Be it enacted by the Legislature of the State of Arizona:

START_STATUTE13-2902.Section 1.

UnlawfulTitle assembly;13, chapter 38, article 7, Arizona Revised Statutes, is amended by adding section 13-3904, to read:

prohibitedSTART_STATUTE13-3904. order;

classificationArrest A.warrant;

Agrounds; person commits unlawful assembly by:

1.form of warrant;

Assembling with two or more other persons with the intent to engage in conduct constituting a riot as defined in section 13-2903;

or 2.

Being present at an assembly of two or more other persons who are engaged in or who have the readily apparent intent to engage in conduct constituting a riot as defined in section 13-2903 and knowingly remaining there and refusing to obey an official order to disperse.

B.

A peace officer or law enforcement agency may not order a person to disperse pursuant to this section for the sole purpose of punishing a person who is exercising a constitutionally protected right to engage in expressive activity.

B.

C.

Unlawful assembly is a class 1 misdemeanor.

END_STATUTE Sec. 2.

Title 13, chapter 38, article 1, Arizona Revised Statutes, is amended by adding section 13-3805, to read:

START_STATUTE13-3805.

Prohibited use of chemical agent by a peace officer;

UnlessA magistrate shall issue an arrest warrant after reviewing an affidavit that is sworn to or affirmed by a peace officer isbefore actingthe pursuantmagistrate and that contains facts sufficient to sectionestablish 13-409probable orcause 13-410,that a peacespecific officeroffense mayhas notbeen docommitted anyand ofthat thea following:particular person committed that offense.

1.

Use a chemical agent, by any method of deployment, against any person who is engaged in expressive, nonviolent activity unless there is probable cause to arrest the person and without first issuing a clear and unambiguous warning that the person is subject to arrest and that a chemical agent will be used and providing the person with a sufficient opportunity to heed the warning and comply with the peace officer's command.

2.

Use or threaten to use a chemical agent, by any method of deployment, against a person who is engaged in expressive, nonviolent activity to punish the person for exercising a constitutional right.

3.

Issue an order or use a chemical agent, by any method of deployment, to disperse persons who are engaged in expressive, nonviolent activity without first doing all of the following:

(a) specifying, with reasonable particularity, the area that is subject to the dispersal order.

(b) issuing an audible and unambiguous order in a manner that is designed to notify all persons who are within the area that is subject to the dispersal order.

(c) providing sufficient warnings of the consequences of failing to disperse, including, when applicable, that a chemical agent will be used.

(d) providing a sufficient and announced amount of time that is proximately related to the issuance of the dispersal order in which to heed the warnings and exit the area.

(e) announcing and ensuring a means of safe egress from the area that is actually available to all persons in the area.

ForThe thearrest purposeswarrant ofshall thisbe section,in "chemicala agent"form includessubstantially mace,similar oleoresin capsicum spray or mist, pepper spray, pepper gas, tear gas, skunk, inert smoke, pepper pellets and xylyl bromide.END_STATUTE" Amend title to conforma  form  that MELODYis HERNANDEZadopted  by  the 1226HERNANDEZArizona Msupreme 03/15/2021court. 11:03 AM C:

SPC.  

For the purposes of this section, "arrest warrant" means a written order that is issued in the name of the state of Arizona, that is signed by a magistrate, that is directed to a peace officer and that commands a peace officer to arrest the person named in the warrant and take that person before a magistrate as prescribed by rules adopted by the supreme court.

END_STATUTE