HB 2212
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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
House: JUD 5-3-0-0
HB 2212: criminal damage; trespassing; critical facilities
Sponsor: Representative Griffin, LD 19
Caucus & COW
Overview
Creates criminal liability and sentencing classifications for aggravated criminal damage if a person
interferes or prevents the performance of a normal function of utility infrastructure or property or
the intended course or path of any utility service. Reclassifies sentencing provisions and makes
various other changes relating to criminal trespass on or damage to utility property or other public
service facilities.
History
Current statutes on criminal trespass and damage include specialized provisions for cases
involving certain public service facilities, such as utilities.
A person can commit criminal trespass in the first degree by entering or remaining unlawfully on
a critical public service facility, which is a class 5 felony (A.R.S. § 13-1504). A critical public service
facility is defined in statute for purposes of this offense (A.R.S. § 13-1501).
A person can commit criminal damage in two ways pertaining to utilities:
1) Recklessly damaging property of a utility, which is a class 4 felony if the damage amounts
to $5,000 or more; and
2) Intentionally tampering with utility property, which is also a class 4 felony if the damage
causes an imminent safety hazard to any person (A.R.S. § 13-1602).
Current statute includes these offenses as bases for an armed nuclear security guard to use
physical force against or detain a person at a commercial nuclear generating station under certain
circumstances (A.R.S. §§ 13-4903 and 13-4904).
A person can commit aggravated criminal damage by intentionally or recklessly defacing,
damaging or tampering with any utility infrastructure or property, construction site or existing
structure for the purpose of obtaining nonferrous metals. This offense is classified as follows:
1) A class 3 felony if the person causes $10,000 or more in damages to the property;
2) A class 4 felony if the person causes $1,500 or more but less than $10,000 in damages
to the property; and
3) A class 5 felony in all other cases.
The following variables must be considered in determining the amount of damages to property:
1) The cost of repair or replacement of the property that was damaged;
2) The cost of the loss of crops and livestock;
3) Reasonable labor costs of any kind;
4) Reasonable material costs of any kind; and
5) Reasonable costs that are attributed to equipment that is used to abate or repair the
damage to the property (A.R.S. § 13-1604). HB 2212
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The terms damaging, defacing, tampering with utility property and utility are all defined in statute
for purposes of criminal damage and aggravated criminal damage (A.R.S. § 13-1601).
Provisions
1. Increases the felony classification from class 5 to class 4 for criminal trespass in or on a critical
public service facility. (Sec. 1)
2. Raises the felony classification from class 4 to class 3 for criminal damage in the form of
intentionally tampering with utility property if the damage causes an imminent safety hazard.
(Sec. 2)
3. Imposes criminal liability for aggravated criminal damage if a person interferes with or
prevents the performance of a normal function of utility infrastructure or property or the
intended course or path of any utility service and classifies the offense as follows:
a) A class 2 felony if the person causes $10,000 or more in damages to the property;
b) A class 3 felony if the person causes $1,500 or more but less than $10,000 in damages
to the property; and
c) A class 4 felony in all other cases. (Sec. 3)
4. Raises the felony classifications for aggravated criminal damage in the form of defacing,
damaging or tampering with a utility or agricultural infrastructure or property, construction site
or existing structure for the purpose of obtaining nonferrous metals as follows:
a) From class 3 to class 2 if the person causes $10,000 or more in damages to the property;
b) From class 4 to class 3 if the person causes $1,500 or more but less than $10,000 in
damages to the property; and
c) From class 5 to class 4 in all other cases. (Sec. 3)
5. Includes the cost of the loss of the utility service among other variables that must be
considered in determining the amount of damage to property for purposes of aggravated
criminal damage. (Sec. 3)
6. Makes technical and conforming changes. (Sec. 2, 3, 4, 5)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note