Arizona 2022 Regular Session

Arizona House Bill HB2810 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	REFERENCE TITLE: first degree murder; exception; repeal State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022 HB 2810 Introduced by Representative Parker AN ACT amending section 13-1105, Arizona Revised Statutes; relating to homicide. (TEXT OF BILL BEGINS ON NEXT PAGE)
2	2
3	3
4	4
5	5
6	6
7	7
8	8
9	9
10	10
11	11	REFERENCE TITLE: first degree murder; exception; repeal
12	12	State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
13	13	HB 2810
14	14	Introduced by Representative Parker
15	15
16	16	REFERENCE TITLE: first degree murder; exception; repeal
17	17
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26	State of Arizona
27	27
28	28	House of Representatives
29	29
30	30	Fifty-fifth Legislature
31	31
32	32	Second Regular Session
33	33
34	34	2022
35	35
36	36
37	37
38	38
39	39
40	40
41	41
42	42	HB 2810
43	43
44	44
45	45
46	46	Introduced by
47	47
48	48	Representative Parker
49	49
50	50
51	51
52	52
53	53
54	54	AN ACT
55	55
56	56
57	57
58	58	amending section 13-1105, Arizona Revised Statutes; relating to homicide.
59	59
60	60
61	61
62	62
63	63
64	64	(TEXT OF BILL BEGINS ON NEXT PAGE)
65	65
66	66
67	67
68	68	Be it enacted by the Legislature of the State of Arizona: Section 1. Section 13-1105, Arizona Revised Statutes, is amended to read: START_STATUTE13-1105. First degree murder; classification A. A person commits first degree murder if: 1. Intending or knowing that the person's conduct will cause death, the person causes the death of another person, including an unborn child, with premeditation or, as a result of causing the death of another person with premeditation, causes the death of an unborn child. 2. Acting either alone or with one or more other persons the person commits or attempts to commit sexual conduct with a minor under section 13-1405, sexual assault under section 13-1406, molestation of a child under section 13-1410, terrorism under section 13-2308.01, marijuana offenses under section 13-3405, subsection A, paragraph 4, dangerous drug offenses under section 13-3407, subsection A, paragraphs 4 and 7, narcotics offenses under section 13-3408, subsection A, paragraph 7 that equal or exceed the statutory threshold amount for each offense or combination of offenses, involving or using minors in drug offenses under section 13-3409, drive by shooting under section 13-1209, kidnapping under section 13-1304, burglary under section 13-1506, 13-1507 or 13-1508, arson under section 13-1703 or 13-1704, robbery under section 13-1902, 13-1903 or 13-1904, escape under section 13-2503 or 13-2504, child abuse under section 13-3623, subsection A, paragraph 1 or unlawful flight from a pursuing law enforcement vehicle under section 28-622.01 and, in the course of and in furtherance of the offense or immediate flight from the offense, the person or another person causes the death of any person. 3. Intending or knowing that the person's conduct will cause death to a law enforcement officer, the person causes the death of a law enforcement officer who is in the line of duty. B. Homicide, as prescribed in subsection A, paragraph 2 of this section, requires no specific mental state other than what is required for the commission of any of the enumerated felonies. C. An offense under subsection A, paragraph 1 of this section applies to an unborn child in the womb at any stage of its development. A person shall not be prosecuted under subsection A, paragraph 1 of this section if any either of the following applies: 1. The person was performing an abortion for which the consent of the pregnant woman, or a person authorized by law to act on the pregnant woman's behalf, has been obtained or for which the consent was implied or authorized by law. 2. 1. The person was performing medical treatment on the pregnant woman or the pregnant woman's unborn child. 3. 2. The person was the unborn child's mother. D. First degree murder is a class 1 felony and is punishable by death or life imprisonment as provided by sections 13-751 and 13-752. END_STATUTE
69	69
70	70	Be it enacted by the Legislature of the State of Arizona:
71	71
72	72	Section 1. Section 13-1105, Arizona Revised Statutes, is amended to read:
73	73
74	74	START_STATUTE13-1105. First degree murder; classification
75	75
76	76	A. A person commits first degree murder if:
77	77
78	78	1. Intending or knowing that the person's conduct will cause death, the person causes the death of another person, including an unborn child, with premeditation or, as a result of causing the death of another person with premeditation, causes the death of an unborn child.
79	79
80	80	2. Acting either alone or with one or more other persons the person commits or attempts to commit sexual conduct with a minor under section 13-1405, sexual assault under section 13-1406, molestation of a child under section 13-1410, terrorism under section 13-2308.01, marijuana offenses under section 13-3405, subsection A, paragraph 4, dangerous drug offenses under section 13-3407, subsection A, paragraphs 4 and 7, narcotics offenses under section 13-3408, subsection A, paragraph 7 that equal or exceed the statutory threshold amount for each offense or combination of offenses, involving or using minors in drug offenses under section 13-3409, drive by shooting under section 13-1209, kidnapping under section 13-1304, burglary under section 13-1506, 13-1507 or 13-1508, arson under section 13-1703 or 13-1704, robbery under section 13-1902, 13-1903 or 13-1904, escape under section 13-2503 or 13-2504, child abuse under section 13-3623, subsection A, paragraph 1 or unlawful flight from a pursuing law enforcement vehicle under section 28-622.01 and, in the course of and in furtherance of the offense or immediate flight from the offense, the person or another person causes the death of any person.
81	81
82	82	3. Intending or knowing that the person's conduct will cause death to a law enforcement officer, the person causes the death of a law enforcement officer who is in the line of duty.
83	83
84	84	B. Homicide, as prescribed in subsection A, paragraph 2 of this section, requires no specific mental state other than what is required for the commission of any of the enumerated felonies.
85	85
86	86	C. An offense under subsection A, paragraph 1 of this section applies to an unborn child in the womb at any stage of its development. A person shall not be prosecuted under subsection A, paragraph 1 of this section if any either of the following applies:
87	87
88	88	1. The person was performing an abortion for which the consent of the pregnant woman, or a person authorized by law to act on the pregnant woman's behalf, has been obtained or for which the consent was implied or authorized by law.
89	89
90	90	2. 1. The person was performing medical treatment on the pregnant woman or the pregnant woman's unborn child.
91	91
92	92	3. 2. The person was the unborn child's mother.
93	93
94	94	D. First degree murder is a class 1 felony and is punishable by death or life imprisonment as provided by sections 13-751 and 13-752. END_STATUTE