Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR H.B. 2427
domestic violence; pregnant victim; sentencing
Purpose
Classifies, as aggravated assault punishable as a class 3 felony, assault against a pregnant
victim if the person knows or has reason to know the victim is pregnant and circumstances exist
that classify the offense as domestic violence.
Background
A person commits aggravated assault if the person commits assault under a number of
statutorily outlined circumstances, including if the person: 1) causes serious physical injury to
another; 2) uses a deadly weapon or dangerous instrument; or 3) commits the assault by any means
of force that causes temporary but substantial disfigurement, temporary but substantial loss or
impairment of any body organ or part or a fracture of any body part. Aggravated assault can also
constitute domestic violence if certain circumstances are met, including if the person commits
assault and: 1) the relationship between the victim and the defendant is one of marriage or former
marriage or of persons residing or having resided in the same household; 2) the victim and the
defendant have a child in common; or 3) the victim or the defendant is pregnant by the other party
(A.R.S. §§ 13-1204 and 13-3601).
The classification of a domestic violence case is determined by specific circumstances,
including whether the defendant committed a homicide, assault, kidnapping, a sexual offense or
other statutorily outlined offense. If a defendant committed a felony offense involving domestic
violence against a pregnant victim and knew that the victim was pregnant, or if the defendant
committed a felony offense causing physical injury to a pregnant victim and knew that the victim
was pregnant, the maximum sentence otherwise authorized for that violation must be increased by
up to two years (A.R.S. § 13-3601).
For a first-time felony offender, a class 3 felony carries a presumptive imprisonment
sentence of three and a half years and not more than $150,000 to be determined by the court (A.R.S.
§§ 13-702 and 13-801).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Classifies, as aggravated assault punishable as a class 3 felony, assault against a pregnant
victim if the person knows or has reason to know the victim is pregnant and circumstances
exist that classify the offense as domestic violence. FACT SHEET
H.B. 2427
Page 2
2. Increases, from two years to five years, the amount of time that the maximum sentence can be
increased for a defendant convicted of a felony domestic violence offense against a pregnant
victim if the defendant knew the victim was pregnant or if the defendant committed a felony
offense causing physical injury to a pregnant victim and knew that the victim was pregnant.
3. Becomes effective on the general effective date.
House Action
JUD 1/25/23 DP 5-2-1-0
3
rd
Read 2/28/23 31-28-1
Prepared by Senate Research
March 14, 2023
ZD/SB/sr