Bill Text: AZ SB1033 | 2018 | Fifty-third Legislature 2nd Regular | Introduced
Bill Title: Unlawful assembly; riot; identity; classification
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-09 - Senate read second time [SB1033 Detail]
Download: Arizona-2018-SB1033-Introduced.html
PREFILED DEC 13 2017
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REFERENCE TITLE: unlawful assembly; riot; identity; classification |
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State of Arizona Senate Fifty-third Legislature Second Regular Session 2018
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SB 1033 |
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Introduced by Senator Kavanagh
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AN ACT
amending sections 13‑2902 and 13‑2903, Arizona Revised Statutes; relating to offenses against public order.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-2902, Arizona Revised Statutes, is amended to read:
13-2902. Unlawful assembly; classification
A. A person commits unlawful assembly by either:
1. Assembling with two or more other persons with the intent to engage in conduct constituting a riot as defined in section 13‑2903. ; or
2. Being present at an assembly of two or more other persons who are engaged in or who have the readily apparent intent to engage in conduct constituting a riot as defined in section 13‑2903 and knowingly remaining there and refusing to obey an official order to disperse.
B. It is an affirmative defense to an allegation that the person's identity was obscured or hidden during the commission of the offense if the mask, disguise, makeup or other device was worn for a medical or religious purpose.
B. C. Unlawful assembly is a class 1 misdemeanor unless the person obscures or hides the person's identity with a mask, disguise, makeup or other device during the commission of the offense, in which case it is a class 6 felony.
Sec. 2. Section 13-2903, Arizona Revised Statutes, is amended to read:
13-2903. Riot; classification
A. A person commits riot if, with two or more other persons acting together, such person recklessly uses force or violence or threatens to use force or violence, if such threat is accompanied by immediate power of execution, which disturbs the public peace.
B. It is an affirmative defense to an allegation that the person's identity was obscured or hidden during the commission of the offense if the mask, disguise, makeup or other device was worn for a medical or religious purpose.
B. C. Riot is a class 5 felony unless the person obscures or hides the person's identity with a mask, disguise, makeup or other device during the commission of the offense, in which case it is a class 4 felony.
