SB 1009
Initials JL Page 1 Caucus & COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
Senate: JUD DP 4-3-0-0 | 3
rd
Read DP 16-12-2-0-0
House: JUD DP 5-3-0-0-0-0
SB 1009: criminal damage; monuments; memorials; statues
Sponsor: Senator Kavanagh, LD 3
Caucus & COW
Overview
Includes a public or private monument, memorial or statue in existing aggravated criminal damage
statute relating to facilities used for the purpose of burial or memorializing the dead.
History
The criminal code currently prescribes multiple forms of aggravated criminal damage. One such
form is intentionally or recklessly, and without the express permission of the owner, defacing,
damaging or tampering with any cemetery, mortuary or personal property of the cemetery or
mortuary or other facility used for the purpose of burial or memorializing the dead. This particular
offense carries the following sentencing classifications:
1) If the offense causes damage to the property of another in an amount of $10,000 or more,
a class 4 felony;
2) If the offense causes damage to the property of another in an amount of $1,500 or more
but less than $10,000, a class 5 felony; and
3) In all other cases, a class 6 felony (A.R.S. § 13-1604).
Class 4-6 felonies carry the following prison sentence ranges:
1) Class 4: 1.5 years (minimum), 2.5 years (presumptive) and 3 years (maximum);
2) Class 5: 0.75 years (minimum), 1.5 years (presumptive) and 2 years (maximum); and
3) Class 6: 0.5 years (minimum), 1 year (presumptive) and 1.5 years (maximum) (A.R.S. §
13-702).
All felony offenders may also be ordered to pay a fine an amount fixed by the court of no more
than $150,000 (A.R.S. § 13-801).
Damaging, defacing and tamper are defined in A.R.S. § 13-1601. The culpable mental states
applicable throughout the criminal code, which include intentionally and recklessly, are defined in
A.R.S. § 13-105.
Provisions
1. Changes existing form of aggravated criminal damage involving facilities used for the purpose
of burial or memorializing the dead to provide that a person can commit the offense by
defacing, damaging or tampering with a public or private monument, memorial or statue. (Sec.
1)
2. Makes technical and conforming changes. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note