HB 2136 — civil terrorism; disorderly conduct; subversion

THE PERSON DOES EITHER OF THE FOLLOWING:

(a) INTENTIONALLY USES A DEADLY WEAPON IN FURTHERANCE OF THE PERSON'S OBJECTIVE TO COMPEL A BROAD CLASS OF CITIZENS TO ACT OR REFRAIN FROM ACTING.

(b) INTENTIONALLY TARGETS CRITICAL INFRASTRUCTURE, PUBLIC UTILITIES, TRANSPORTATION SYSTEMS OR GOVERNMENT BUILDINGS.

CIVILTHIS TERRORISMSECTION IS AT ALL TIMES TO BE CONSTRUED BY ANY TRIER OF LAW OR FACT IN A CLASSMANNER [5]CALCULATED [4]TO FELONY.MAXIMALLY SAFEGUARD THE RIGHTS OF THE PEOPLE OF THIS STATE UNDER THE FIRST AMENDMENT, CONSTITUTION OF THE UNITED STATES, AND ARTICLE II, SECTIONS 2, 4, 5, 6 AND 21, CONSTITUTION OF ARIZONA.

C.

CIVIL TERRORISM IS A CLASS 5 FELONY.

classificationclassification; -7- House Amendments to H.B.

2136definition A.

A PERSON COMMITS SUBVERSION IF THE PERSON ACTS WITH THE INTENT TO DEPRIVE ANOTHER PERSON OF THE OTHER PERSON'S RIGHTS UNDER THE BILL OF RIGHTS OR ARTICLE II, SECTIONS 2, 4, 5, 6 AND 21, CONSTITUTION OF ARIZONA, COMMITS AN UNLAWFUL ACT WITH THE INTENT TO DOCAUSE ANYSERIOUS PHYSICAL INJURY TO ANOTHER PERSON AND BOTH OF THE FOLLOWING:FOLLOWING APPLY:

ADVANCE THE INTERESTSPERSON OFDOES AEITHER TERRORISTOF ORGANIZATION.THE FOLLOWING:

(a) INTENTIONALLY ADVANCES THE INTERESTS OF AN ORGANIZATION THAT HAS BEEN DECLARED A TERRORIST ORGANIZATION BY THIS STATE OR THAT IS DESIGNATED A FOREIGN TERRORIST ORGANIZATION BY THE UNITED STATES DEPARTMENT OF STATE AS OF THE EFFECTIVE DATE OF THIS SECTION BUT THE LEGISLATURE, BY CONCURRENT RESOLUTION, MAY REMOVE SUCH STATE OR FEDERAL DESIGNATION FOR THE PURPOSES OF THIS SECTION ONLY.

(b) INTENTIONALLY ACTS AS A FOREIGN GOVERNMENT AGENT AS DEFINED IN SECTION 13-4006.

ATTEMPTTHE TOPERSON ACTCOMMITS ASONE AOF FOREIGNTHE GOVERNMENTFOLLOWING: AGENT AS DEFINED IN SECTION 13-4006.

3.(a) PLANNING OR ENGAGING IN ACTS INTENDED TO CAUSE SERIOUS PHYSICAL INJURY, DEATH OR SUBSTANTIAL DESTRUCTION OF GOVERNMENT PROPERTY.

SUBVERT- THE8 GOVERNMENT- OFH.B. THIS STATE OR THE UNITED STATES.

2136 (b) ATTEMPTING TO SEIZE, DAMAGE OR DISABLE CRITICAL GOVERNMENT FACILITIES, PUBLIC INFRASTRUCTURE OR COMMUNICATION SYSTEMS.

(c) USING OR PLANNING TO USE WEAPONS, EXPLOSIVES OR OTHER DESTRUCTIVE DEVICES.

(d) COORDINATING ACTION WITH OTHERS IN WHICH THE UNLAWFUL OBJECTIVE INVOLVED VIOLENT INTERFERENCE WITH GOVERNMENTAL OPERATIONS.

SUBVERSIONTHIS SECTION IS AT ALL TIMES TO BE CONSTRUED BY ANY TRIER OF LAW OR FACT IN A CLASSMANNER [5]CALCULATED [4]TO FELONY.MAXIMALLY SAFEGUARD THE RIGHTS OF THE PEOPLE OF THIS STATE UNDER THE FIRST AMENDMENT, CONSTITUTION OF THE UNITED STATES, AND ARTICLE II, SECTIONS 2, 4, 5, 6 AND 21, CONSTITUTION OF ARIZONA.

C.

SUBVERSION IS A CLASS 5 FELONY.

Section 13-2904, Arizona Revised Statutes, is amended to read:

13-2904.

Disorderly conduct;

classification A.

A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person:

1.

Engages in fighting, violent or seriously disruptive behavior;

or 2.

Makes unreasonable noise;

or 3.

Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person;

or 4.

Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession;

or 5.

Refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazard or any other emergency;

or 6.

Recklessly handles, displays or discharges a deadly weapon or dangerous instrument.

B.

Disorderly conduct under:

1.

Subsection A, paragraph 6 OF THIS SECTION is a class 6 felony UNLESS THE DISORDERLY CONDUCT IS COMMITTED BY A GROUP COMPRISED OF AT LEAST THREE PERSONS, IN WHICH CASE THE OFFENSE IS A CLASS 5 FELONY.

Disorderly conduct under 2.

Subsection A, paragraph 1, 2, 3, 4 or 5 OF THIS SECTION is a class 1 misdemeanor UNLESS THE DISORDERLY CONDUCT IS COMMITTED BY A GROUP COMPRISED OF AT LEAST THREE PERSONS, IN WHICH CASE THE OFFENSE IS A CLASS 6 FELONY.

Sec.

4.

Intentionally activates a pedestrian signal on a highway or public thoroughfare if the person's reason for activating the signal is -8-not Houseto Amendmentscross the highway or public thoroughfare but to H.B.do both of the following:

2136 not to cross the highway or public thoroughfare but to do both of the following:

C.- 9 - H.B.

2136 C.

5.4.

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