How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(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.
New section 13-722 creates Arizona's primary hate crime sentencing enhancement. It applies to felony violations of chapters 11 (homicide) and 17 (sexual offenses), aggravated assault under § 13-1204(A)(1)–(7) or (12), criminal damage under § 13-1602, and harassment under § 13-2923, when the trier of fact finds beyond a reasonable doubt that the offense was motivated by hostility toward the victim's identity — or the defendant's perception of the victim's identity — in a protected group listed in § 41-1750(A)(3). The enhancement adds one year (class 4–6 felonies) or two years (class 2–3 felonies) and eliminates eligibility for suspended sentence or probation. Express carve-outs exclude bias-elevated assault under § 13-1203(C) and bias-elevated criminal damage under § 13-1602(C)(6) from the enhancement's scope, and a free-speech savings clause is included.
(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.
The amendment to § 13-1203 adds subsection (C), which elevates an assault committed intentionally or knowingly under subsection (A)(1) from a misdemeanor to a class 6 felony when the trier of fact finds beyond a reasonable doubt that the defendant committed the offense out of hostility based on the victim's identity (or perceived identity) in a protected group. The free-speech savings clause is incorporated directly into this subsection.
(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)(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.
The amendment to § 13-1602 adds new paragraph (C)(6), which elevates criminal damage involving property damage between $250 and $1,000 from a class 1 misdemeanor to a class 6 felony when the trier of fact finds the offense was motivated by hostility toward the victim's protected-group identity. The section is also reorganized, swapping former subsections B and C to accommodate the new provision. Conforming cross-reference updates in §§ 13-4903 and 13-4904 reflect this reorganization.
(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 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.
This is a conforming amendment that updates the internal cross-reference in § 13-4903(A) from § 13-1602 "subsection B" to "subsection C" to reflect the reorganization of subsections in § 13-1602. No substantive change to the nuclear security guard use-of-force statute.
(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 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.
This is a conforming amendment that updates the internal cross-reference in § 13-4904(A) from § 13-1602 "subsection B" to "subsection C" to reflect the reorganization of subsections in § 13-1602. No substantive change to the nuclear security guard detention authority statute.
(A)(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.
(F) The chief officers of criminal justice agencies of this state or its political subdivisions also shall provide to the department information concerning crimes that manifest evidence of prejudice based on race, color, religion, national origin, sexual orientation, gender, antisemitism or disability.
(Z)(3) "Antisemitism" includes the definition of antisemitism that was adopted by the international holocaust remembrance alliance on May 26, 2016 and that has been adopted by the United States department of state, including the contemporary examples of antisemitism identified in the adopted definition.
The amendment to § 41-1750 expands the categories of bias-motivated offenses that law enforcement must report to the central state repository. Subsection (A)(3) and subsection (F) are amended to add gender, political affiliation, and antisemitism to the existing list of prejudice categories (race, color, religion, national origin, sexual orientation, and disability). The defined protected groups in subsection (A)(3) also serve as the reference list for the sentencing enhancement in new § 13-722 and the felony-elevation provisions in §§ 13-1203(C) and 13-1602(C)(6). A new definition of "antisemitism" is added at subsection (Z)(3), incorporating the International Holocaust Remembrance Alliance definition adopted by the U.S. Department of State.