HB 2485
Initials JL/MB Page 1 Judiciary
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
HB 2485: criminal damage; trespassing; critical facilities
Sponsor: Representative Bliss, LD 1
Committee on Judiciary
Overview
Establishes liability for aggravated criminal damage if a person interferes or prevents the
performance of a normal function of utility infrastructure or property or the intended course
or path of any utility service.
History
A person can commit aggravated criminal damage by intentionally or recklessly defacing,
damaging or tampering with any utility infrastructure or property, construction site or
existing structure for the purpose of obtaining nonferrous metals. This offense is classified
as follows:
1) a class 3 felony if the person causes $10,000 or more in damages to the property;
2) a class 4 felony if the person causes $1,500 or more but less than $10,000 in damages
to the property; and
3) a class 5 felony in all other cases.
The following variables must be considered in determining the amount of damages to
property:
1) the cost of repair or replacement of the property that was damaged;
2) the cost of the loss of crops and livestock;
3) reasonable labor costs of any kind;
4) reasonable material costs of any kind; and
5) reasonable costs that are attributed to equipment that is used to abate or repair the
damage to the property (A.R.S. § 13-1604).
The terms damaging, defacing, tampering with utility property and utility are all defined in
statute for purposes of criminal damage and aggravated criminal damage (A.R.S. § 13-1601).
Provisions
1. Imposes criminal liability for aggravated criminal damage if a person interferes with or
prevents the performance of a normal function of utility infrastructure or property or the
intended course or path of any utility service and classifies the offense as follows:
a) a class 3 felony if the person causes $10,000 or more in damages to the property;
b) a class 4 felony if the person causes $1,500 or more but less than $10,000 in damages
to the property; and
c) a class 5 felony in all other cases. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2485
Initials JL/MB Page 2 Judiciary
2. Includes the cost of the loss of the utility service among other variables that must be
considered in determining the amount of damage to property for purposes of aggravated
criminal damage. (Sec. 1)
3. Makes technical changes. (Sec. 1)