SB 1633
Initials LC/DG/JH Page 1 House Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
Senate: JUD DPA 7-0-1-0 | 3
rd
Read: 28-0-2-0
House: JUD DPA 10-0-0-0
SB1633: harassment; aggravated harassment; offense
Sponsor: Senator Kerr, LD 13
House Engrossed
Overview
Modifies the definition of harassment and aggravated harassment.
History
Harassment
A person commits the crime of harassment, a class 1 misdemeanor if that person intends to
harass another person while committing specified actions, such as following another person after
being asked to stop or making more than one false report to law enforcement or social services.
Harassment is conduct that is directed at a specific person, and that would cause a reasonable
person to be seriously alarmed, annoyed or harassed, and the conduct seriously alarms, annoys
or harasses the person (A.R.S. § 13-2921).
Aggravated harassment occurs when a person commits harassment and either of the following
apply: 1) the person is violating a served order of protection or injunction against harassment; or
2) the person has previously been convicted of a domestic violence offense (A.R.S. § 13-
2021.01).
Conditions of Release
Upon a judicial officer's order to release a defendant on bail or the defendant's own recognizance,
the court may impose conditions of that person's release. These conditions may include restricting
the person's travel or associates or prohibiting the person from possessing a deadly weapon,
engaging in certain activities or indulging in intoxicating liquors or drugs (A.R.S. § 13-3967).
Provisions
1. Specifies an individual commits harassment if by knowingly and repeatedly committing an act
or acts that harass another individual or the individual knowingly commit any one of the
prescribed acts in a manner that harasses. (Sec. 1)
2. Revises the definition of harass to include conduct directed at another person that causes
humiliation or mental distress. (Sec. 1)
3. Specifies this law does not apply to peace officers and investigators acting in their official
capacity during an investigation and process servers when acting within the scope of the
server's official duties. (Sec. 1)
4. Modifies the definition of aggravated harassment to include a person who commits the crime
of harassment while violating a court's condition of release that prohibits contact with the
victim. (Sec. 2)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note SB 1633
Initials LC/DG/JH Page 2 House Engrossed
5. Specifies an order of protection or an injunction against harassment is only valid if it was
lawfully issued and served or if the order of protection was issued on an emergency basis.
(Sec. 2)
6. States a person who commits aggravated harassment by violating a court's imposed condition
of release barring contact with a victim is guilty of a class 6 felony. (Sec. 2)
7. Specifies a person that commits a second or subsequent act of aggravated assault is guilty
of a class 5 felony. (Sec. 2)
8. Makes technical and conforming changes. (Sec. 1, 2)