Arizona 2023 2023 Regular Session

Arizona House Bill HB2485 Comm Sub / Analysis

Filed 03/01/2023

                      	HB 2485 
Initials NM 	Page 1 	House Engrossed  
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
First Regular Session 
House: MAPS DPA/SE 13-1-1-0 
 
HB 2485: aggravated assault; ambush; police; classification 
NOW: ambush; police; sentencing enhancement 
Sponsor: Representative Payne, LD 27 
House Engrossed 
Overview 
Increases the penalties for aggravated assault on a peace officer if the defendant is found to have 
lain in wait for or ambushed the peace officer while committing the assault.   
History 
A person commits 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 can commit aggravated assault by committing assault 
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).  
When a person is convicted of a non-capital felony offense, including aggravated assault, statute 
delineates several aggravating and mitigating factors which, if found to be true, the court must 
consider in either increasing or decreasing the applicable presumptive sentence. One such 
aggravating factor is lying in wait for or ambushing the victim during the commission of the 
underlying felony (A.R.S. § 13-701).  
Provisions 
1. Requires that a person who is convicted of aggravated assault on a peace officer, and found 
to have lain in wait for or ambushed the peace officer in committing the assault, be sentenced 
to two years more than what would otherwise be imposed for the assault.  (Sec. 1)  
2. Specifies that a person convicted of the aforesaid assault is not eligible for suspension of 
sentence or early release except in the cases of sentence commutation, earned early release 
credits and qualified personal leave. (Sec. 1)  
3. Makes conforming changes. (Sec. 1)  
 
 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note