Arizona 2023 2023 Regular Session

Arizona Senate Bill SCR1006 Comm Sub / Analysis

Filed 03/08/2023

                      	HCR 2025 
Initials NM 	Page 1 	Transmitted  
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
First Regular Session 
Senate: APPROP DP 7-2-1-0 | MAPS DPA 5-2-0-0 | 3
rd
 Read 16-13-1-0 
House: MAPS DPA 14-1-0-0 | 3
rd
 Read 47-13-0-0 
 
SCR 1006: death benefit; assault; first responders (Substituted for HCR 2025) 
Sponsor: Representative Payne, LD 27 
Transmitted to the Governor 
Overview 
Subject to voter approval, creates a State Death Benefit of $250,000 to be paid to the family of 
first responders killed in the line of duty. Additionally, increases criminal penalties for assaulting 
first responders. 
History 
The Public Safety Officers’ Benefits Program (PSOB) is a federal program that provides benefits 
to the family of federal, state and local first responders whose death or permanent disability is the 
direct and proximate result of an injury sustained in the line of duty. PSOB provides a one-time 
death benefit to eligible family of public safety officers who died in the line of duty. Currently, for 
Fiscal Year 2023, the PSOB's death benefit is $422,035.  
A person may be charged with aggravated assault pursuant to A.R.S. § 13-1204 if the person 
commits assault with one or more aggravating circumstances, including: 1) committing assault 
against a victim who the person knows to be a peace officer, firefighter, emergency treatment 
paramedic, teacher or other specified profession; or 2) gaining control or attempting to gain control 
of a peace officer’s firearm, weapon or other specified implements. The penalty for aggravated 
assault ranges from a class 6 felony to a class 2 felony, depending on the nature and severity of 
the offense. 
Provisions 
State Death Benefit 
1. Requires the State of Arizona to pay $250,000 to the surviving spouse or children of a first 
responder killed in the line of duty. (Sec. 5)  
2. Establishes the State Supplemental Benefit Fund (Fund) to pay the State Death Benefit. (Sec. 
5) 
3. Specifies that monies in the Fund are administered by the State Treasurer and continuously 
appropriated. (Sec. 5) 
4. Creates, to provide monies for the Fund, a $20 penalty fee on every fine, penalty and forfeiture 
imposed for any criminal offence. (Sec. 1) 
5. Permits the legislature to appropriate any monies in the Fund above $2,000,000 for peace 
officer training, equipment and other benefits. (Sec. 5) 
6. Defines first responder, for the purpose of the State Death Benefit, as a:  
a) Peace officer;  
b) Firefighter, fire marshal, fire inspector, emergency medical care technician or paramedic 
who is engaged in the execution of any official duties;  
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note    	HCR 2025 
Initials NM 	Page 2 	Transmitted  
c) Tribal police officer;  
d) Member of the Arizona National Guard who is on state active duty in Arizona; or  
e) Correctional officer. (Sec. 5) 
7. Repeals the State Death Benefit on January 1, 2033. (Sec. 6)  
8. Repeals the $20 penalty fee for the State Death Benefit on January 1, 2033. (Sec. 2)  
Aggravated Assault Against First Responders  
9. Broadens aggravated assault to include committing assault against a first responder who the 
person knows is a first responder, rather than committing the same against a peace officer. 
(Sec. 3)  
10. Broadens aggravated assault to include knowingly taking a weapon or specified implement 
from a first responder, rather than engaging in the same against a peace officer. (Sec. 3) 
11. Increases various penalties for aggravated assault committed against a first responder. (Sec. 
3) 
12. Defines first responder, for the purpose of the aggravated assault classification, as a:  
a) Peace officer;  
b) Firefighter, fire marshal, fire inspector, emergency medical care technician or paramedic 
who is engaged in the execution of any official duties; or  
c) Tribal police officer. (Sec. 3)  
13. Repeals the increased penalties for aggravated assault committed against first responders on 
January 1, 2033. (Sec. 3, 4) 
Miscellaneous 
14. Defines killed in the line of duty. (Sec. 5)  
15. Contains finding, intent, purpose and severability clauses. (Sec. 7, 8)  
16. Designates this legislation with the short title Back the Blue Act. (Sec. 9)  
17. Contains technical and conforming changes. (Sec. 3, 4)   
18. Requires the Secretary of State to submit the proposition to the voters at the next general 
election. 
19. Becomes effective if approved by the voters and on proclamation of the Governor.