HB 2212
Initials JL Page 1 Vetoed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
House: JUD DP 5-3-0-0-0 | 3
rd
Read DPA 36-24-0-0-0
Senate: JUD DP 6-1-0-0 | 3
rd
Read DP 16-14-0-0-0
HB 2212: criminal damage; trespassing; critical facilities
Sponsor: Representative Griffin, LD 19
Vetoed
Overview
Establishes liability 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.
History
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).
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. 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 3 felony if the person causes $10,000 or more in damages to the property;
b) A class 4 felony if the person causes $1,500 or more but less than $10,000 in damages
to the property; and
c) A class 5 felony in all other cases. (Sec. 1)
2. 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. 1)
3. Makes technical changes. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note