Arizona 2023 Regular Session

Arizona Senate Bill SB1009 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~Senate Engrossed~~ criminal damage; monuments; memorials; statues State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 ~~SENATE BILL~~ 1009 An Act amending section 13-1604, Arizona Revised Statutes; relating to aggravated criminal damage. (TEXT OF BILL BEGINS ON NEXT PAGE)
	1	+	PREFILED JAN 04 2023 REFERENCE TITLE: criminal damage; monuments; memorials; statues State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 SB 1009 Introduced by Senator Kavanagh An Act amending section 13-1604, Arizona Revised Statutes; relating to aggravated criminal damage. (TEXT OF BILL BEGINS ON NEXT PAGE)
2	2
3	3
4	4
5	5
6	6
7		-	Senate Engrossed criminal damage; monuments; memorials; statues
	7	+	PREFILED JAN 04 2023
	8	+
	9	+	REFERENCE TITLE: criminal damage; monuments; memorials; statues
8	10		State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
9		-	SENATE BILL 1009
	11	+	SB 1009
	12	+	Introduced by Senator Kavanagh
10	13
11		-	Senate Engrossed
12		-
13		-
14		-
15		-	criminal damage; monuments; memorials; statues
	14	+	REFERENCE TITLE: criminal damage; monuments; memorials; statues
16	15
17	16
18	17
19	18
20	19
21	20
22	21
23	22
24	23
25	24		State of Arizona
26	25
27	26		Senate
28	27
29	28		Fifty-sixth Legislature
30	29
31	30		First Regular Session
32	31
33	32		2023
34	33
35	34
36	35
37	36
38	37
39	38
40	39
41		-	SENATE BILL 1009
	40	+	SB 1009
	41	+
	42	+
	43	+
	44	+	Introduced by
	45	+
	46	+	Senator Kavanagh
	47	+
	48	+
	49	+
	50	+
	51	+
	52	+
	53	+
	54	+
	55	+
	56	+
	57	+
	58	+
42	59
43	60
44	61
45	62
46	63
47	64		An Act
48	65
49	66
50	67
51	68		amending section 13-1604, Arizona Revised Statutes; relating to aggravated criminal damage.
52	69
53	70
54	71
55	72
56	73
57	74		(TEXT OF BILL BEGINS ON NEXT PAGE)
58	75
59	76
60	77
61	78		Be it enacted by the Legislature of the State of Arizona: Section 1. Section 13-1604, Arizona Revised Statutes, is amended to read: START_STATUTE13-1604. Aggravated criminal damage; classification A. A person commits aggravated criminal damage by intentionally or recklessly without the express permission of the owner: 1. Defacing, damaging or in any way changing the appearance of any building, structure, personal property or place used for worship or any religious purpose. 2. Defacing or damaging any building, structure or place used as a school or as an educational facility. 3. Defacing, damaging or tampering with a public or private monument, memorial or statue, any cemetery, mortuary or personal property of the cemetery or mortuary or any other facility used for the purpose of burial or memorializing the dead. 4. Defacing, damaging or tampering with any utility or agricultural infrastructure or property, construction site or existing structure for the purpose of obtaining nonferrous metals. C. B. In determining the amount of damage to property, damages include the cost of repair or replacement of the property that was damaged, the cost of the loss of crops and livestock, reasonable labor costs of any kind, reasonable material costs of any kind and any reasonable costs that are attributed to equipment that is used to abate or repair the damage to the property. B. c. Aggravated criminal damage is punishable as follows: 1. If the person intentionally or recklessly does any act described in subsection A of this section that causes damage to the property of another in an amount of ten thousand dollars $10,000 or more, aggravated criminal damage: (a) Resulting from actions described in subsection A, paragraph 1, 2 or 3 of this section is a class 4 felony. (b) Resulting from actions described in subsection A, paragraph 4 of this section is a class 3 felony. 2. If the person intentionally or recklessly damages property of another in an amount of one thousand five hundred dollars $1,500 or more but less than ten thousand dollars $10,000, aggravated criminal damage: (a) Resulting from actions described in subsection A, paragraph 1, 2 or 3 of this section is a class 5 felony. (b) Resulting from actions described in subsection A, paragraph 4 of this section is a class 4 felony. 3. In all other cases aggravated criminal damage is: (a) A class 6 felony if it results from actions described in subsection A, paragraph 1, 2 or 3 of this section. (b) A class 5 felony if it results from actions described in subsection A, paragraph 4 of this section. END_STATUTE
62	79
63	80		Be it enacted by the Legislature of the State of Arizona:
64	81
65	82		Section 1. Section 13-1604, Arizona Revised Statutes, is amended to read:
66	83
67	84		START_STATUTE13-1604. Aggravated criminal damage; classification
68	85
69	86		A. A person commits aggravated criminal damage by intentionally or recklessly without the express permission of the owner:
70	87
71	88		1. Defacing, damaging or in any way changing the appearance of any building, structure, personal property or place used for worship or any religious purpose.
72	89
73	90		2. Defacing or damaging any building, structure or place used as a school or as an educational facility.
74	91
75	92		3. Defacing, damaging or tampering with a public or private monument, memorial or statue, any cemetery, mortuary or personal property of the cemetery or mortuary or any other facility used for the purpose of burial or memorializing the dead.
76	93
77	94		4. Defacing, damaging or tampering with any utility or agricultural infrastructure or property, construction site or existing structure for the purpose of obtaining nonferrous metals.
78	95
79	96		C. B. In determining the amount of damage to property, damages include the cost of repair or replacement of the property that was damaged, the cost of the loss of crops and livestock, reasonable labor costs of any kind, reasonable material costs of any kind and any reasonable costs that are attributed to equipment that is used to abate or repair the damage to the property.
80	97
81	98		B. c. Aggravated criminal damage is punishable as follows:
82	99
83	100		1. If the person intentionally or recklessly does any act described in subsection A of this section that causes damage to the property of another in an amount of ten thousand dollars $10,000 or more, aggravated criminal damage:
84	101
85	102		(a) Resulting from actions described in subsection A, paragraph 1, 2 or 3 of this section is a class 4 felony.
86	103
87	104		(b) Resulting from actions described in subsection A, paragraph 4 of this section is a class 3 felony.
88	105
89	106		2. If the person intentionally or recklessly damages property of another in an amount of one thousand five hundred dollars $1,500 or more but less than ten thousand dollars $10,000, aggravated criminal damage:
90	107
91	108		(a) Resulting from actions described in subsection A, paragraph 1, 2 or 3 of this section is a class 5 felony.
92	109
93	110		(b) Resulting from actions described in subsection A, paragraph 4 of this section is a class 4 felony.
94	111
95	112		3. In all other cases aggravated criminal damage is:
96	113
97	114		(a) A class 6 felony if it results from actions described in subsection A, paragraph 1, 2 or 3 of this section.
98	115
99	116		(b) A class 5 felony if it results from actions described in subsection A, paragraph 4 of this section. END_STATUTE