Page 3, line
35, after "25." insert "The
defendant was convicted of a violation of section 13-1204 and there is"
Page 4, between lines 34 and 35, insert:
"Sec. 2. Section
13-1204, Arizona Revised Statutes, is amended to read:
START_STATUTE13-1204. Aggravated
assault; classification; definitions
A. A
person commits aggravated assault if the person commits assault as prescribed
by section 13‑1203 under any of the following circumstances:
1. If
the person causes serious physical injury to another.
2. If
the person uses a deadly weapon or dangerous instrument.
3. If
the person commits the assault by any means of force that causes temporary but
substantial disfigurement, temporary but substantial loss or impairment of any
body organ or part or a fracture of any body part.
4. If
the person commits the assault while the victim is bound or otherwise
physically restrained or while the victim's capacity to resist is substantially
impaired.
5. If
the person commits the assault after entering the private home of another with
the intent to commit the assault.
6. If
the person is eighteen years of age or older and commits the assault on a minor
under fifteen years of age.
7. If
the person commits assault as prescribed by section 13‑1203, subsection
A, paragraph 1 or 3 and the person is in violation of an order of protection
issued against the person pursuant to section 13‑3602 or 13‑3624.
8. If
the person commits the assault knowing or having reason to know that the victim
is any of the following:
(a) A
peace officer or a person summoned and directed by the officer while
engaged in the execution of any official duties or if the assault results from
the execution of the peace officer's official duties.
(b) A
constable, or a person summoned and directed by the
constable while engaged in the execution of any official duties or if the
assault results from the execution of the constable's official duties.
(c) A
firefighter, fire investigator, fire inspector, emergency medical technician or
paramedic engaged in the execution of any official duties,
or a person summoned and directed by such individual while engaged in the
execution of any official duties or if the assault results from the execution
of the official duties of the firefighter, fire investigator, fire inspector,
emergency medical technician or paramedic.
(d) A
teacher or other person employed by any school and the teacher or other
employee is on the grounds of a school or grounds adjacent to the school or is
in any part of a building or vehicle used for school purposes, any teacher or
school nurse visiting a private home in the course of the teacher's or nurse's
professional duties or any teacher engaged in any authorized and
organized classroom activity held on other than school grounds.
(e) A
health care practitioner who is certified or licensed pursuant to title 32, chapter
13, 15, 17 or 25, or a person summoned and directed by the licensed health care
practitioner while engaged in the person's professional duties. This
subdivision does not apply if the person who commits the assault is seriously
mentally ill, as defined in section 36‑550, or is afflicted with
alzheimer's disease or related dementia.
(f) A
prosecutor while engaged in the execution of any official duties or if the
assault results from the execution of the prosecutor's official duties.
(g) A
code enforcement officer as defined in section 39-123 while engaged in the
execution of any official duties or if the assault results from the execution
of the code enforcement officer's official duties.
(h) A
state or municipal park ranger while engaged in the execution of any official
duties or if the assault results from the execution of the park ranger's
official duties.
(i) A
public defender while engaged in the execution of any official duties or if the
assault results from the execution of the public defender's official duties.
(j) A
judicial officer while engaged in the execution of any official duties or if
the assault results from the execution of the judicial officer's official
duties.
9. If
the person knowingly takes or attempts to exercise control over any of the
following:
(a) A
peace officer's or other officer's firearm and the person knows or has reason
to know that the victim is a peace officer or other officer employed by one of
the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii),
(iv) or (v) of this subsection and is engaged in the execution of
any official duties.
(b) Any
weapon other than a firearm that is being used by a peace officer or other
officer or that the officer is attempting to use, and the person knows or has
reason to know that the victim is a peace officer or other officer employed by
one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii),
(iii), (iv) or (v) of this subsection and is engaged in the
execution of any official duties.
(c) Any
implement that is being used by a peace officer or other officer or that the
officer is attempting to use, and the person knows or has reason to know that
the victim is a peace officer or other officer employed by one of the agencies
listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of
this subsection and is engaged in the execution of any official
duties. For the purposes of this subdivision, "implement"
means an object that is designed for or that is capable of restraining or
injuring an individual. Implement does not include handcuffs.
10. If
the person meets both of the following conditions:
(a) Is
imprisoned or otherwise subject to the custody of any of the following:
(i) The
state department of corrections.
(ii) The
department of juvenile corrections.
(iii) A
law enforcement agency.
(iv) A
county or city jail or an adult or juvenile detention facility of a city or
county.
(v) Any
other entity that is contracting with the state department of corrections, the
department of juvenile corrections, a law enforcement agency, another state,
any private correctional facility, a county, a city or the federal bureau of
prisons or other federal agency that has responsibility for sentenced or
unsentenced prisoners.
(b) Commits
an assault knowing or having reason to know that the victim is acting in an
official capacity as an employee of any of the entities listed in subdivision
(a) of this paragraph.
11. If
the person uses a simulated deadly weapon.
B. A
person commits aggravated assault if the person commits assault by either
intentionally, knowingly or recklessly causing any physical injury to another
person, intentionally placing another person in reasonable apprehension of
imminent physical injury or knowingly touching another person with the intent
to injure the person, and both of the following occur:
1. The
person intentionally or knowingly impedes the normal breathing or circulation
of blood of another person by applying pressure to the throat or neck or by
obstructing the nose and mouth either manually or through the use of an
instrument.
2. Any
of the circumstances exists that are set forth in section 13‑3601,
subsection A, paragraph 1, 2, 3, 4, 5 or 6.
C. A
person who is convicted of intentionally or knowingly committing aggravated
assault on a peace officer while the officer is engaged in the
execution of any official duties pursuant to
subsection A, paragraph 1 or 2 of this section shall be sentenced to
imprisonment for not less than the presumptive sentence authorized under
chapter 7 of this title and is not eligible for suspension of sentence,
commutation or release on any basis until the sentence imposed is served.
D. It
is not a defense to a prosecution for assaulting a peace officer or a
mitigating circumstance that the peace officer was not:
1. On
duty.
2. engaged
in the execution of any official duties.
3. A
peace officer, if the defendant committed the act with the belief that the
victim was a peace officer.
D. e. Except
pursuant to subsections E F and
F G of this section,
aggravated assault pursuant to subsection A, paragraph 1 or 2, paragraph 9,
subdivision (a) or paragraph 11 of this section is a class 3 felony except if
the aggravated assault is a violation of subsection A, paragraph 1 or 2 of this
section and the victim is under fifteen years of age it is a class 2 felony
punishable pursuant to section 13‑705. Aggravated assault pursuant to
subsection A, paragraph 3 or subsection B of this section is a class 4
felony. Aggravated assault pursuant to subsection A, paragraph 9,
subdivision (b) or paragraph 10 of this section is a class 5 felony. Aggravated
assault pursuant to subsection A, paragraph 4, 5, 6, 7 or 8 or paragraph 9,
subdivision (c) of this section is a class 6 felony.
E. F. Aggravated
assault pursuant to subsection A, paragraph 1 or 2 of this section committed on
a peace officer while the officer is engaged in the execution of
any official duties is a class 2 felony. Aggravated assault pursuant to
subsection A, paragraph 3 of this section committed on a peace officer while the officer is engaged in the execution of any official duties
is a class 3 felony. Aggravated assault pursuant to subsection A,
paragraph 8, subdivision (a) of this section committed on a peace officer while the officer is engaged in the execution of any official duties
is a class 5 felony unless the assault results in any physical injury to the
peace officer while the officer is engaged in the execution of
any official duties, in which case it is a class 4 felony.
F. G. Aggravated
assault pursuant to:
1. Subsection
A, paragraph 1 or 2 of this section is a class 2 felony if committed on a
prosecutor.
2. Subsection
A, paragraph 3 of this section is a class 3 felony if committed on a
prosecutor.
3. Subsection
A, paragraph 8, subdivision (f) of this section is a class 5 felony if the
assault results in physical injury to a prosecutor.
G. H. For
the purposes of this section:
1. "Judicial
officer" means a justice of the supreme court, judge, justice of the peace
or magistrate or a commissioner or hearing officer of a state, county or
municipal court.
2. "Prosecutor"
means a county attorney, a municipal prosecutor or the attorney general and
includes an assistant or deputy county attorney, municipal prosecutor or
attorney general."
Renumber to
conform
Amend title to conform
