Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
FACT SHEET FOR S.B. 1252
justification; physical; deadly force; sentencing
Purpose
Expands use of force justification to include that the threat or use of force was immediately
necessary as a justification for physical or deadly use of force in certain situations.
Background
A person is justified in threatening or using physical force or deadly physical force in
specified situations including: 1) self-defense; 2) defense of a premises; 3) defense of property;
4) law enforcement; 5) crime prevention; and 6) defense of a residential structure or occupied
vehicle. Statute outlines certain circumstances that must be present in order to consider the use of
physical force or deadly physical force justified, including that a reasonable person would believe
the force is immediately necessary.
A person is justified in threatening or using physical force or deadly physical force against
another to protect a third person if, under the circumstances as a reasonable person would believe
them to be, such person would be justified in threatening or using physical force or deadly physical
force to protect them against the unlawful physical force or deadly physical force a
reasonable person would believe is threatening the third person that such person seeks to
protect (A.R.S. § 13-404 – 13-411).
A person is justified in threatening to use or using physical force or deadly physical force
against another person if the person reasonably believes they or another person are in imminent
peril of death or serious physical injury and the person against whom the physical force or deadly
physical force is threatened or used was in the process of unlawfully or forcefully entering, or had
already unlawfully or forcefully entered, a residential structure or occupied vehicle, or had
removed or was attempting to remove another person from the structure or vehicle against the
other person's will (A.R.S. § 13-418).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Deems, as justification for the threat or use of physical force against another, that the use of
physical force is immediately necessary to protect the person or a third person.
2. Deems, as justification for the threat or use of deadly physical force against another, that the
threat or use of deadly physical force is immediately necessary to protect the person or a third
person. FACT SHEET
S.B. 1252
Page 2
3. Grants the court sole discretion to suspend a sentence and place a person on probation if the
person presents evidence of self-defense or defense of a third person and all of the following
apply:
a) the trier of fact determines that the person unlawfully used physical or deadly force; and
b) the person either establishes that they acted under a belief that the use of physical force or
deadly force was immediately necessary, but the trier of the fact determined that it was not
reasonable, or the person or a third party was a victim of a felony or attempted felony and
the person acted out of misjudgment caused by outrage, shock or anger as a result of a
felony or attempted felony.
4. Deems, as justification for the use of physical force against another in defense of a premises,
that the physical force against another is immediately necessary to prevent or terminate the
commission or attempted commission of a criminal trespass by the other person.
5. Deems, as justification for physical force in defense of property, that the physical force is
necessary to prevent an attempt by the other person to commit theft or criminal damage
involving tangible movable property under the person's possession or control.
6. Deems, as justification for the use of physical force by law enforcement, that the force is
immediately necessary to effect the arrest or detention or prevent an escape.
7. Deems, as justification for the use of deadly physical force by law enforcement, that the force
is immediately necessary to effect the arrest or detention or prevent an escape.
8. Deems, as justification for the use of deadly physical force by law enforcement, that the force
is immediately necessary if the suspect or escapee is resisting the discharge of a legal duty with
physical force or with apparent capacity to use deadly physical force.
9. Deems, as justification for the use of deadly physical force by law enforcement, that it is
necessary to effect an arrest or prevent the escape of custody of a person who:
a) has committed, has attempted to commit, is committing or is attempting to commit a felony
involving the use or threatened use of a deadly weapon; or
b) is attempting to escape by use of a deadly weapon.
10. Deems, as justification for the threat or use of deadly physical force by law enforcement, that
the force is immediately necessary to protect them against another's use of physical force or
deadly physical force.
11. Deems, as justification for the threat or use of physical force or deadly physical force, that it is
immediately necessary to prevent the other from committing specified crimes.
12. Modifies the justifications for the use of force in defense of a residential structure or an
occupied vehicle to specify that the:
a) other person is unlawfully entering or has entered a residential structure or occupied vehicle
by force or by stealth; FACT SHEET
S.B. 1252
Page 3
b) person reasonably believes that the entry is attempted or made to commit assault on any
person in the residence or vehicle, to remove a person from the residence or to commit a
felony; and
c) force used is necessary, or the person reasonably believes it to be necessary to prevent the
assault, removal, or felony.
13. Deems, as justification for the defensive display of a firearm or other weapon, that the display
is immediately necessary for a person to protect themselves against unlawful physical force or
deadly force.
14. Makes technical changes
15. Becomes effective on the general effective date.
Prepared by Senate Research
February 1, 2022
ZD/HK/sr