Arizona 2023 2023 Regular Session

Arizona Senate Bill SB1047 Comm Sub / Analysis

Filed 03/30/2023

                      	SB 1047 
Initials NM 	Page 1 	House Engrossed  
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
First Regular Session 
Senate: MAPS DPA/SE 4-3-0-0 | 3
rd
 Read DPA 16-12-2-0  
House: MAPS DP 8-7-0-0 
 
SB 1047: criminal trespass; aiding peace officer 
Sponsor: Senator Kavanagh, LD 3 
House Engrossed 
Overview 
Broadens the definitions of the misdemeanor offences criminal trespass in the third degree and 
refusing to aid a peace officer. 
History 
It is classified as criminal trespass in the third degree to knowingly enter or remain unlawfully on: 
1) A property after a reasonable request to leave has been made by a law enforcement officer 
or the owner, or after reasonable notice prohibiting entry; or  
2) The tracks, yards, or rolling stock of a railroad company.  
This offence is classified as a class 3 misdemeanor (A.R.S. § 13-1502).  
Pursuant to A.R.S. § 13-2403, a person commits refusing to aid a peace officer if, upon a 
reasonable command by a peace officer, he knowingly refuses the peace officer in effectuating 
an arrest or preventing the commission of an offense by another. This offence is classified as a 
class 1 misdemeanor.  
Provisions 
1. Classifies, as criminal trespass in the third degree, a person knowingly entering or remaining 
in:  
a) An area that law enforcement has designated as no trespassing; or  
b) A site where law enforcement:  
i. is actively intervening into criminal activity; and 
ii. has communicated that public access is restricted. (Sec. 1)  
2. Classifies, as refusing to aid a peace officer, a person refusing a reasonable command from 
a peace officer to remain at a reasonable distance from where the peace officer is actively 
intervening in a dangerous or potentially violent criminal occurrence with another person who 
is threatening, agitated or apparently unstable. (Sec. 2)  
3. Specifies that the reasonable distance is to be determined by the peace officer. (Sec. 2)  
 
 
 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note