HB2175 - Crimes; hostility towards victims; sentencing

House Engrossed crimes; hostility towards victims; sentencing State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026 HOUSE BILL 2175 AN ACT AMENDING TITLE 13, CHAPTER 7, ARIZONA REVISED STATUTES, BY ADDING SECTION 13-722; AMENDING SECTIONS 13-1203, 13-1602, 13-4903, 13-4904 AND 41-1750, ARIZONA REVISED STATUTES; RELATING TO SENTENCING. (TEXT OF BILL BEGINS ON NEXT PAGE) Be it enacted by the Legislature of the State of Arizona: Section 1. 1. Title 13, chapter 7, Arizona Revised Statutes, is amended by adding section 13-722, to read: START_STATUTE 13-722. Special sentencing provisions; offenses committed out of malice towards the victim; exception A. A person who is convicted of committing a felony violation of chapter 11 of this title, section 13-1204 SUBSECTION A, PARAGRAPHS 1 THROUGH 7, OR PARAGRAPH 12, or 13-1602, chapter 17 of this title or section 13-2923 AND THE TRIER OF FACT FINDS BEYOND A REASONABLE DOUBT THE OFFENSE WAS COMMITTED out of hostility toward a victim because of the victim's identity in a group listed in section 41-1750, subsection a, paragraph 3 OR because of THE DEFENDANT'S PERCEPTION OF THE vICTIM'S IDENTITY in a group listed in section 41-1750, subsection a, paragraph 3 is not eligible for suspension of sentence, probation or release from confinement on any basis except as authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted. The presumptive, minimum and maximum sentence for the offense shall be increased by one year if the offense is a class 4, 5 or 6 felony or shall be increased by two years if the offense is a class 2 or 3 felony. The additional sentence imposed pursuant to this section is in addition to any enhanced sentence that may be applicable. B. This section does not apply to A PERSON who is CONVICTED OF a violation of section 13-1203, subsection c or section 13-1602, subsection C, paragraph 6. C. This section does not affect or limit a person's constitutional right to the lawful expression of free speech or other recognized rights that are secured by the Constitution or laws of this state or by the Constitution or laws of the United States. END_STATUTE Sec. 2. 2. Section 13-1203, Arizona Revised Statutes, is amended to read: START_STATUTE 13-1203. Assault; classification A. A person commits assault by: 1. Intentionally, knowingly or recklessly causing any physical injury to another person; or 2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or 3. Knowingly touching another person with the intent to injure, insult or provoke such person. B. Assault committed intentionally or knowingly pursuant to subsection A, paragraph 1 is a class 1 misdemeanor. Assault committed recklessly pursuant to subsection A, paragraph 1 is a class 2 misdemeanor. Assault committed pursuant to subsection A, paragraph 2 or 3 is a class 3 misdemeanor. C. Notwithstanding subsection B of this section, Assault committed pursuant to subsection A, paragraph 1 of this section is a class 6 felony if THE TRIER OF FACT FINDS BEYOND A REASONABLE DOUBT the defendant committed the offense out of hostility toward the victim because of the victim's identity in a group listed in section 41-1750, subsection a, paragraph 3 or because of the defendant's perception of the victim's identity in a group listed in section 41-1750, subsection a, paragraph 3. This subsection does not affect or limit a person's constitutional right to the lawful expression of free speech or other recognized rights that are secured by the Constitution or laws of this state or by the Constitution or laws of the United States. END_STATUTE Sec. 3. 3. Section 13-1602, Arizona Revised Statutes, is amended to read: START_STATUTE 13-1602. Criminal damage; classification A. A person commits criminal damage by: 1. Recklessly defacing or damaging property of another person. 2. Recklessly tampering with property of another person so as substantially to impair its function or value. 3. Recklessly damaging property of a utility. 4. Recklessly physically obstructing a passageway in such a manner as to deprive livestock of access to the only reasonably available water . 5. Recklessly drawing or inscribing a message, slogan, sign or symbol that is made on any public or private building, structure or surface, except the ground, and that is made without permission of the owner. 6. Intentionally tampering with utility property. C. B. For a violation of subsection A, paragraph 5 of this section, in determining the amount of damage to property, damages include reasonable labor costs of any kind, reasonable material costs of any kind and any reasonable costs that are attributed to equipment that is used to abate or repair the damage to the property. B. C. Criminal damage is punished as follows: 1. Criminal damage is a class 4 felony if the person recklessly damages property of another in an amount of $10,000 or more. 2. Criminal damage is a class 4 felony if the person recklessly damages the property of a utility in an amount of $5,000 or more or if the person intentionally tampers with utility property and the damage causes an imminent safety hazard to any person. 3. Criminal damage is a class 5 felony if the person recklessly damages property of another in an amount of $2,000 or more but less than $10,000 or if the damage is inflicted to promote, further or assist any criminal street gang or criminal syndicate with the intent to intimidate and the person is not subject to paragraph 1 or 2 of this subsection. 4. Criminal damage is a class 6 felony if the person recklessly damages property of another in an amount of $1,000 or more but less than $2,000. 5. Criminal damage is a class 1 misdemeanor if the person recklessly damages property of another in an amount of more than $250 but less than $1,000. 6. Notwithstanding paragraph 5 of this subsection, Criminal damage is a class 6 felony if the defendant recklessly damages property of another in an amount of more than $250 but less than $1,000 and THE TRIER OF FACT FINDS BEYOND A REASONABLE DOUBT the defendant committed the offense out of hostility toward the victim because of the victim's identity in a group listed in section 41-1750, subsection a, paragraph 3 or because of the defendant's perception of the victim's identity in a group listed in section 41-1750, subsection a, paragraph 3. This paragraph does not affect or limit a person's constitutional right to the lawful expression of free speech or other recognized rights that are secured by the Constitution or laws of this state or by the Constitution or laws of the United States. 6. 7 . In all other cases criminal damage is a class 2 misdemeanor. END_STATUTE Sec. 4. 4. Section 13-4903, Arizona Revised Statutes, is amended to read: START_STATUTE 13-4903. Use of force; armed nuclear security guards A. An armed nuclear security guard is justified in using physical force against another person at a commercial nuclear generating station or structure or fenced yard of a commercial nuclear generating station if the armed nuclear security guard reasonably believes that such force is necessary to prevent or terminate the commission or attempted commission of criminal damage under section 13-1602, subsection A, paragraph 3 and subsection B C , paragraph 1 or 2, misconduct involving weapons under section 13-3102, subsection A, paragraph 13 or criminal trespass on a commercial nuclear generating station under section 13-4902. B. Notwithstanding sections 13-403, 13-404, 13-405, 13-406, 13-408, 13-409, 13-410 and 13-411, an armed nuclear security guard is justified in using physical force up to and including deadly physical force against another person at a commercial nuclear generating station or structure or fenced yard of a commercial nuclear generating station if the armed nuclear security guard reasonably believes that such force is necessary to: 1. Prevent the commission of manslaughter under section 13-1103, second or first degree murder under section 13-1104 or 13-1105, aggravated assault under section 13-1204, subsection A, paragraph 1 or 2, kidnapping under section 13-1304, burglary in the second or first degree under section 13-1507 or 13-1508, arson of a structure or property under section 13-1703, arson of an occupied structure under section 13-1704, armed robbery under section 13-1904 or an act of terrorism under section 13-2308.01. 2. Defend oneself or a third person from the use or imminent use of deadly physical force. C. Notwithstanding any other provision of this chapter, an armed nuclear security guard is justified in threatening to use physical or deadly physical force if and to the extent a reasonable armed nuclear security guard believes it necessary to protect oneself or others against another person's potential use of physical force or deadly physical force. D. An armed nuclear security guard is not subject to civil liability for engaging in conduct that is otherwise justified pursuant to this chapter. END_STATUTE Sec. 5. 5. Section 13-4904, Arizona Revised Statutes, is amended to read: START_STATUTE 13-4904. Detention authority; armed nuclear security guards A. An armed nuclear security guard, with reasonable belief, may detain in or on a commercial nuclear generating station or a structure or fenced yard of a commercial nuclear generating station in a reasonable manner and for a reasonable time any person who is suspected of committing or attempting to commit manslaughter under section 13-1103, second or first degree murder under section 13-1104 or 13-1105, aggravated assault under section 13-1204, subsection A, paragraph 1 or 2, kidnapping under section 13-1304, burglary in the second or first degree under section 13-1507 or 13-1508, criminal damage under section 13-1602, subsection A, paragraph 3 and subsection B C , paragraph 1 or 2, arson of a structure or property under section 13-1703, arson of an occupied structure under section 13-1704, armed robbery under section 13-1904, an act of terrorism under section 13-2308.01, misconduct involving weapons under section 13-3102, subsection A, paragraph 13 or criminal trespass on a commercial nuclear generating station under section 13-4902 for the purpose of summoning a law enforcement officer. B. Reasonable belief of an armed nuclear security guard is a defense to a civil or criminal action against an armed nuclear security guard for false arrest, false or unlawful imprisonment or wrongful detention. END_STATUTE Sec. 6. 6. Section 41-1750, Arizona Revised Statutes, is amended to read: START_STATUTE 41-1750. Central state repository; department of public safety; duties; funds; accounts; definitions A. The department is responsible for the effective operation of the central state repository in order to collect, store and disseminate complete and accurate Arizona criminal history records and related criminal justice information. The department may procure criminal history records and related criminal justice information for violations that are not listed in this section. The department shall: 1. Procure from all criminal justice agencies in this state accurate and complete personal identification data, fingerprints, charges, process control numbers and dispositions and such other information as may be pertinent to all persons who have been charged with, arrested for, convicted of or summoned to court as a criminal defendant for any of the following: (a) A felony offense or an offense involving domestic violence as defined in section 13-3601. (b) A violation of title 13, chapter 14 or title 28, chapter 4. (c) An offense listed in: (i) Section 32-2422, subsection A, paragraph 4. (ii) Section 32-2441, paragraph 4. (iii) Section 32-2612, subsection A, paragraph 4. (iv) Section 32-2622, subsection A, paragraph 4. (v) Section 41-1758.03, subsections B and C. (vi) Section 41-1758.07, subsections B and C. 2. Collect information concerning the number and nature of offenses known to have been committed in this state and of the legal steps taken in connection with these offenses, such other information that is useful in the study of crime and in the administration of criminal justice and all other information deemed necessary to operate the statewide uniform crime reporting program and to cooperate with the federal government uniform crime reporting program. 3. Collect information concerning criminal offenses that manifest evidence of prejudice based on race, color, religion, national origin, sexual orientation, gender, political affiliation, antisemitism or disability. 4. Cooperate with the central state repositories in other states and with the appropriate agency of the federal government in the exchange of information pertinent to violators of the law. 5. Ensure the rapid exchange of information concerning the commission of crime and the detection of violators of the law among the criminal justice agencies of other states and of the federal government. 6. Furnish assistance to peace officers throughout this state in crime scene investigation for the detection of latent fingerprints and in the comparison of latent fingerprints. 7. Conduct periodic operational audits of the central state repository and of a representative sample of other agencies that contribute records to or receive criminal justice information from the central state repository or through the Arizona criminal justice information system. 8. Establish and enforce the necessary physical and system safeguards to ensure that the criminal justice information maintained and disseminated by the central state repository or through the Arizona criminal justice information system is appropriately protected from unauthorized inquiry, modification, destruction or dissemination as required by this section. 9. Aid and encourage coordination and cooperation among criminal justice agencies through the statewide and interstate exchange of criminal justice information. 10. Provide training and proficiency testing on the use of criminal justice information to agencies receiving information from the central state repository or through the Arizona criminal justice information system. 11. Operate and maintain the Arizona automated fingerprint identification system established by section 41-2411. 12. Provide criminal history record information to the fingerprinting division for the purpose of screening applicants for fingerprint clearance cards. B. The director may establish guidelines for the submission and retention of criminal justice information as deemed useful for the study or prevention of crime and for the administration of criminal justice. C. Criminal justice agencies may provide criminal history records and related criminal justice information for violations that are not listed in this section. Except for the requirements listed in su [Text truncated for display. Full text available on LegiScan.]