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