HB 2427
Initials JL Page 1 Transmitted to Governor
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
House: JUD DP 5-2-1-0 | 3
rd
Read DPA 31-28-1-0-0
Senate: JUD DP 4-3-0-0 | 3
rd
Read DP 16-13-1-0-0
HB 2427: domestic violence; pregnant victim; sentencing
Sponsor: Representative Gress, LD 4
Transmitted to Governor
Overview
Imposes criminal liability for aggravated assault if the person commits assault knowing or having
reason to know that the victim is pregnant and the assault constitutes a domestic violence offense.
Makes changes to sentencing provisions for domestic violence offenses against pregnant victims.
History
A person is criminally liable for assault if the person:
1) Intentionally, knowingly or recklessly causes physical injury to another person, which is a
class 1 misdemeanor if committed intentionally or knowingly and a class 2 misdemeanor
if committed recklessly;
2) Intentionally places another person in reasonable apprehension of imminent physical
injury, which is a class 2 misdemeanor; or
3) Knowingly touches another person with the intent to injure, insult or provoke the person,
which is a class 3 misdemeanor (A.R.S. § 13-1203).
A person commits aggravated assault by committing assault under one of many distinguishing
circumstances. For example, a person commits aggravated assault by committing assault using
a deadly weapon, or while the victim is bound or physically restrained. An assault can also
become aggravated assault if perpetrated against a certain type of professional, such as a peace
officer, firefighter or health care worker. Aggravated assault can range from a class 2 felony to a
class 5 felony depending on the circumstances (A.R.S. § 13-1204).
Numerous offenses, including aggravated assault, can constitute domestic violence if one of
many circumstances exist. For example, aggravated assault can constitute domestic violence if
the victim and the defendant are married or have a child in common. An offense that is included
in domestic violence generally carries the same sentencing classification prescribed in the original
statutory section classifying the offense. However, if a person is convicted of a domestic violence
offense knowing the victim was pregnant at the time of the offense, the court is required to take
this into account and is permitted to increase the sentence. If a person commits a felony domestic
violence offense or other felony offense causing physical injury knowing that the victim is
pregnant, the maximum sentence otherwise allowed for the offense is increased by up to two
years (A.R.S. § 13-3601).
Provisions
1. Makes a person criminally liable for class 3 felony aggravated assault if the person
intentionally, knowingly or recklessly causes physical injury while knowing or having reason
to know that the victim is pregnant and the assault meets any of the statutory criteria for
domestic violence. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2427
Initials JL Page 2 Transmitted to Governor
2. Increases from two to five years the amount of time that the maximum sentence can be
increased for a person convicted of a felony domestic violence offense against a pregnant
victim or a felony offense causing physical injury to a pregnant victim. (Sec. 2)
3. Makes a conforming change. (Sec. 1)