Arizona 2023 Regular Session

Arizona Senate Bill SB1047 Compare Versions

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1-Senate Engrossed interfering with law enforcement; offense (now: criminal trespass; aiding peace officer) State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 SENATE BILL 1047 An Act amending sections 13-1502 and 13-2403, Arizona Revised Statutes; relating to the criminal code. (TEXT OF BILL BEGINS ON NEXT PAGE)
1+REFERENCE TITLE: interfering with law enforcement; offense State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 SB 1047 Introduced by Senator Kavanagh An Act amending section 13-2413, Arizona Revised Statutes; relating to crime scene investigations. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9-Senate Engrossed interfering with law enforcement; offense (now: criminal trespass; aiding peace officer)
9+REFERENCE TITLE: interfering with law enforcement; offense
1010 State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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14+REFERENCE TITLE: interfering with law enforcement; offense
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57-amending sections 13-1502 and 13-2403, Arizona Revised Statutes; relating to the criminal code.
56+amending section 13-2413, Arizona Revised Statutes; relating to crime scene investigations.
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67- Be it enacted by the Legislature of the State of Arizona: Section 1. Section 13-1502, Arizona Revised Statutes, is amended to read: START_STATUTE13-1502. Criminal trespass in the third degree; classification A. A person commits criminal trespass in the third degree by: 1. Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by a law enforcement officer, the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry. 2. Knowingly entering or remaining unlawfully on the right-of-way for tracks, or the storage or switching yards or rolling stock of a railroad company. 3. Without lawful authority, knowingly entering or remaining in any of the following locations: (a) In an area that law enforcement designates as "no trespassing" by placing police tape, a barrier or a barricade. (b) At a site where there is active law enforcement intervention into criminal activity and law enforcement communicates that public access is restricted, including at the site of a natural disaster, a traffic accident or another type of accident, a civil disturbance or an active law enforcement investigation. B. Pursuant to subsection A, paragraph 1 of this section, a request to leave by a law enforcement officer acting at the request of the owner of the property or any other person having lawful control over the property has the same legal effect as a request made by the property owner or other person having lawful control of the property. C. Criminal trespass in the third degree is a class 3 misdemeanor. END_STATUTE Sec. 2. Section 13-2403, Arizona Revised Statutes, is amended to read: START_STATUTE13-2403. Refusing to aid a peace officer; classification A. A person commits refusing to aid a peace officer if, upon on a reasonable command by a person reasonably known to be a peace officer, such the person knowingly refuses or fails to aid such the peace officer in with any of the following: 1. Effectuating or securing an arrest. ; or 2. Preventing the commission by another of any offense. 3. Remaining at a reasonable distance, as determined by the peace officer, from the location where the peace officer is actively intervening in a dangerous or potentially violent criminal OCCURRENCE with another person who is threatening or agitated or who appears to be emotionally unstable. B. A person who complies with this section by aiding a peace officer shall not be held liable to any person for damages resulting therefrom, provided such if the person acted reasonably under the circumstances known to him the person at the time. C. Refusing to aid a peace officer is a class 1 misdemeanor. END_STATUTE
66+ Be it enacted by the Legislature of the State of Arizona: Section 1. Section 13-2413, Arizona Revised Statutes, is amended to read: START_STATUTE13-2413. Interfering with law enforcement; classification; definitions A. A person commits interfering with a crime scene investigation law enforcement if the person does any of the following: 1. Knowingly disobeys a peace officer's reasonable verbal order to remain off the premises of a possible or an actual crime scene or otherwise interferes with a peace officer's crime scene investigation. 2. Knowingly enters into a crime scene that is closed to the public by placement of a peace officer's barrier, BARRICADE, sign, rope or tape. 3. Intentionally disobeys a peace officer's reasonable verbal order to remain at least twenty feet away from a dangerous incident. B. This section does not prevent a person from peaceably observing a police proceeding or dangerous incident if the person does not interfere with or obstruct the peace officer's crime scene investigation actions. C. Interfering with a crime scene investigation law enforcement is a class 2 misdemeanor. D. For the purposes of this section: , 1. "Crime scene" means an area where a crime has possibly occurred or has occurred and a peace officer who is on-site has determined that it is necessary to restrict the public's access to the area until any potential evidence of the crime at the scene is identified and preserved, any victims and suspects are identified and, if necessary, any emergency medical care and ambulance transportation is requested. 2. "Danger" means either of the following: (a) An actual or attempted violent act that is committed against a person or property. (b) The potential for a violent act is imminent based on factors that are associated with violent behavior, including when a peace officer interacts with any of the following: (i) An actual or suspected violent criminal or criminal incident. (ii) An agitated person. (iii) An emotionally disturbed person who is engaging in abnormal behavior, including psychotic, delusional or suicidal behavior. 3. "Dangerous incident" means an OCCURRENCE or location where a peace officer reasonably believes that danger is present or imminent. END_STATUTE
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6968 Be it enacted by the Legislature of the State of Arizona:
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71-Section 1. Section 13-1502, Arizona Revised Statutes, is amended to read:
70+Section 1. Section 13-2413, Arizona Revised Statutes, is amended to read:
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73-START_STATUTE13-1502. Criminal trespass in the third degree; classification
72+START_STATUTE13-2413. Interfering with law enforcement; classification; definitions
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75-A. A person commits criminal trespass in the third degree by:
74+A. A person commits interfering with a crime scene investigation law enforcement if the person does any of the following:
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77-1. Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by a law enforcement officer, the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry.
76+1. Knowingly disobeys a peace officer's reasonable verbal order to remain off the premises of a possible or an actual crime scene or otherwise interferes with a peace officer's crime scene investigation.
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79-2. Knowingly entering or remaining unlawfully on the right-of-way for tracks, or the storage or switching yards or rolling stock of a railroad company.
78+2. Knowingly enters into a crime scene that is closed to the public by placement of a peace officer's barrier, BARRICADE, sign, rope or tape.
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81-3. Without lawful authority, knowingly entering or remaining in any of the following locations:
80+3. Intentionally disobeys a peace officer's reasonable verbal order to remain at least twenty feet away from a dangerous incident.
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83-(a) In an area that law enforcement designates as "no trespassing" by placing police tape, a barrier or a barricade.
82+B. This section does not prevent a person from peaceably observing a police proceeding or dangerous incident if the person does not interfere with or obstruct the peace officer's crime scene investigation actions.
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85-(b) At a site where there is active law enforcement intervention into criminal activity and law enforcement communicates that public access is restricted, including at the site of a natural disaster, a traffic accident or another type of accident, a civil disturbance or an active law enforcement investigation.
84+C. Interfering with a crime scene investigation law enforcement is a class 2 misdemeanor.
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87-B. Pursuant to subsection A, paragraph 1 of this section, a request to leave by a law enforcement officer acting at the request of the owner of the property or any other person having lawful control over the property has the same legal effect as a request made by the property owner or other person having lawful control of the property.
86+D. For the purposes of this section: ,
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89-C. Criminal trespass in the third degree is a class 3 misdemeanor. END_STATUTE
88+1. "Crime scene" means an area where a crime has possibly occurred or has occurred and a peace officer who is on-site has determined that it is necessary to restrict the public's access to the area until any potential evidence of the crime at the scene is identified and preserved, any victims and suspects are identified and, if necessary, any emergency medical care and ambulance transportation is requested.
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91-Sec. 2. Section 13-2403, Arizona Revised Statutes, is amended to read:
90+2. "Danger" means either of the following:
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93-START_STATUTE13-2403. Refusing to aid a peace officer; classification
92+(a) An actual or attempted violent act that is committed against a person or property.
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95-A. A person commits refusing to aid a peace officer if, upon on a reasonable command by a person reasonably known to be a peace officer, such the person knowingly refuses or fails to aid such the peace officer in with any of the following:
94+(b) The potential for a violent act is imminent based on factors that are associated with violent behavior, including when a peace officer interacts with any of the following:
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97-1. Effectuating or securing an arrest. ; or
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99-2. Preventing the commission by another of any offense.
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101-3. Remaining at a reasonable distance, as determined by the peace officer, from the location where the peace officer is actively intervening in a dangerous or potentially violent criminal OCCURRENCE with another person who is threatening or agitated or who appears to be emotionally unstable.
100+(iii) An emotionally disturbed person who is engaging in abnormal behavior, including psychotic, delusional or suicidal behavior.
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103-B. A person who complies with this section by aiding a peace officer shall not be held liable to any person for damages resulting therefrom, provided such if the person acted reasonably under the circumstances known to him the person at the time.
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105-C. Refusing to aid a peace officer is a class 1 misdemeanor. END_STATUTE
102+3. "Dangerous incident" means an OCCURRENCE or location where a peace officer reasonably believes that danger is present or imminent. END_STATUTE