HB 2175 — crimes; hostility towards victims; sentencing

Fifty-seventhHouse LegislatureEngrossed Judiciarycrimes; Second Regular Session H.B.

2175hostility PROPOSEDtowards HOUSEvictims; OF REPRESENTATIVES AMENDMENTS TO H.B.

sentencing State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session HOUSE BILL 2175 (ReferenceAN toACT printedAMENDING bill)TITLE Amendment13, instructionCHAPTER key:7, ARIZONA REVISED STATUTES, BY ADDING SECTION 13-722;

[GREENAMENDING UNDERLININGSECTIONS IN13-1203, BRACKETS]13-1602, indicates13-4903, text13-4904 addedAND to41-1750, statuteARIZONA orREVISED previouslySTATUTES; enacted session law.

[GreenRELATING underliningTO inSENTENCING. brackets] indicates text added to new session law or text restoring existing law.

[GREEN(TEXT STRIKEOUTOF INBILL BRACKETS]BEGINS indicatesON newNEXT textPAGE) removed- fromi statute- orH.B. previously enacted session law.

[Green2175 strikeoutBe init brackets]enacted indicatesby textthe removedLegislature fromof existingthe statute,State previouslyof enactedArizona: session law or new session law.

<<Green carets>> indicate a section added to the bill.

<<Green strikeout in carets>> indicates a section removed from the bill.

The bill as proposed to be amended is reprinted as follows:

A PERSON WHO IS CONVICTED OF COMMITTING A FELONY VIOLATION OF CHAPTER 11 OF THIS TITLE, SECTION 13-1204 SUBSECTION A, PARAGRAPHS 1 THROUGH 7, OR PARAGRAPH 12, OR 13-1602, CHAPTER 17 OF THIS TITLE OR SECTION 13-2308.02,13-2923 13-2904AND ORTHE [13-2922]TRIER [13-2923]OF FACT FINDS BEYOND A REASONABLE DOUBT THE OFFENSE WAS COMMITTED OUT OF HOSTILITY 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 IS NOT ELIGIBLE FOR SUSPENSION OF SENTENCE, PROBATION,PROBATION PARDON OR RELEASE FROM CONFINEMENT ON ANY BASIS EXCEPT AS AUTHORIZED BY SECTION 31-233, SUBSECTION A OR B UNTIL THE SENTENCE IMPOSED BY THE COURT HAS BEEN SERVED, THE PERSON IS ELIGIBLE FOR RELEASE PURSUANT TO SECTION 41-1604.07 OR THE SENTENCE IS COMMUTED.

THE PRESUMPTIVE, MINIMUM AND MAXIMUM SENTENCE FOR THE OFFENSE SHALL BE INCREASED BY THREEONE YEARSYEAR IF THE OFFENSE IS A CLASS 4, 5 OR 6 FELONY OR SHALL BE INCREASED BY FIVETWO YEARS IF THE OFFENSE IS A CLASS 2 OR 3 FELONY.

HouseSec. Amendments to H.B.

2175 Sec.

C.- 1 - H.B.

NOTWITHSTANDING2175 SUBSECTIONC. B OF THIS SECTION, ASSAULT COMMITTED PURSUANT TO SUBSECTION A, PARAGRAPH 1 OF THIS SECTION IS A CLASS 6 FELONY IF THE DEFENDANT COMMITTED THE OFFENSE OUT OF HOSTILITY TOWARD THE 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.

NOTWITHSTANDING SUBSECTION B OF THIS SECTION, ASSAULT COMMITTED PURSUANT TO SUBSECTION A, PARAGRAPH 1 OF THIS SECTION IS A CLASS 6 FELONY IF THE TRIER OF FACT FINDS BEYOND A REASONABLE DOUBT THE DEFENDANT COMMITTED THE OFFENSE OUT OF HOSTILITY TOWARD THE 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.

-2-1. House Amendments to H.B.

2175 1.

4.- 2 - H.B.

2175 4.

NOTWITHSTANDING PARAGRAPH 5 OF THIS SUBSECTION, CRIMINAL DAMAGE IS A CLASS 6 FELONY IF THE DEFENDANT RECKLESSLY DAMAGES PROPERTY OF ANOTHER IN AN AMOUNT OF MORE THAN $250 BUT LESS THAN $1,000 AND COMMITSTHE TRIER OF FACT FINDS BEYOND A REASONABLE DOUBT THE DEFENDANT COMMITTED THE OFFENSE OUT OF HOSTILITY TOWARD THE 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.

Notwithstanding sections 13-403, 13-404, 13-405, 13-406, 13-408, 13-409, 13-410 and 13-411, an armed nuclear security guard is justified in using physical force up to and including deadly physical force against another person at a commercial nuclear generating station or structure or fenced yard of a commercial nuclear generating station if the armed -3-nuclear Housesecurity Amendmentsguard toreasonably H.B.believes that such force is necessary to:

2175 nuclear security guard reasonably believes that such force is necessary to:

Prevent the commission of manslaughter under section 13-1103, second or first degree murder under section 13-1104 or 13-1105, aggravated assault under section 13-1204, subsection A, paragraph 1 or 2, kidnapping under section 13-1304, burglary in the second or first degree under section 13-1507 or 13-1508, arson of a structure or property under section 13-1703, arson of an occupied structure under section 13-1704, armed robbery- under3 section- 13-1904H.B. or an act of terrorism under section 13-2308.01.

2175 robbery under section 13-1904 or an act of terrorism under section 13-2308.01.

definitions -4-A. House Amendments to H.B.

2175 A.

1.- 4 - H.B.

2175 1.

Collect information concerning criminal offenses that manifest evidence of prejudice based on race, color, religion, national origin, sexual orientation, gender, POLITICAL EXPRESSION OR POLITICAL AFFILIATION, antisemitism or disability.

-5-8. House Amendments to H.B.

2175Establish 8.and enforce the necessary physical and system safeguards to ensure that the criminal justice information maintained and disseminated by the central state repository or through the Arizona criminal justice information system is appropriately protected from - 5 - H.B.

Establish2175 and enforce the necessary physical and system safeguards to ensure that the criminal justice information maintained and disseminated by the central state repository or through the Arizona criminal justice information system is appropriately protected from unauthorized inquiry, modification, destruction or dissemination as required by this section.

The chief officers of law enforcement agencies of this state or its political subdivisions shall provide to the department such information as necessary to operate the statewide uniform crime reporting -6-program Houseand Amendments to H.B.cooperate with the federal government uniform crime reporting program.

2175- program6 and- toH.B. cooperate with the federal government uniform crime reporting program.

2175 E.

The department -7-- House7 Amendments- to H.B.

-8-- House8 Amendments- to H.B.

-9-- House9 Amendments- to H.B.