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REFERENCE TITLE: crimes; culpable mental state; requirement |
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State of Arizona Senate Fifty-third Legislature Second Regular Session 2018
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SB 1121 |
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Introduced by Senator Kavanagh
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AN ACT
amending title 9, chapter 4, article 8, Arizona Revised Statutes, by adding section 9‑500.41; amending section 13‑202, Arizona Revised Statutes; relating to culpable mental states.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 9-500.41, to read:
9-500.41. Culpable mental state; misdemeanor ordinances; exemptions
A. Beginning from and after december 31, 2018, if a city or town adopts a new ordinance defining a strict liability offense, the ordinance must expressly prescribe that it is a strict liability offense. If the ordinance does not expressly prescribe that it is a strict liability offense, the culpable mental state that is required for the commission of the offense is intentional, except that if the offense is a misdemeanor offense that involves a drug offense the culpable mental state is knowingly.
B. This section does not apply to a city or town ordinance that involves:
1. A traffic violation.
2. A building code violation.
3. A food or health and safety code violation.
Sec. 2. Section 13-202, Arizona Revised Statutes, is amended to read:
13-202. Construction of statutes with respect to culpability; exemptions
A. If a statute defining an offense prescribes a culpable mental state that is sufficient for commission of the offense without distinguishing among the elements of such offense, the prescribed mental state shall apply to each such element unless a contrary legislative purpose plainly appears.
B. Beginning from and after december 31, 2018, if a new statute classifies an offense as a misdemeanor or felony and does not expressly prescribe a culpable mental state that is sufficient for the commission of the offense, the culpable mental state that is required for the commission of the offense is intentional, except that if the statute defining an offense is listed in chapter 34 of this title, the culpable mental state that is required for the commission of the offense is knowingly. This subsection does not apply to any of the following:
1. A moving traffic violation included in title 28.
2. A violation involving public health and safety included in title 36.
3. A violation of chapter 14 or 35.1 of this title or title 28, chapter 4.
C. Beginning
from and after December 31, 2018, notwithstanding subsection B of this section, if a a new statute defining an offense expressly
prescribes that it is a strict liability offense and does not expressly prescribe a
culpable mental state that is sufficient for commission of the offense, no
culpable mental state is required for the commission of such the
offense, and the offense is one of strict liability unless the proscribed
conduct necessarily involves a culpable mental state. If the offense
is one of strict liability, proof of a culpable mental state will also suffice
to establish criminal responsibility.
C. D. If a statute provides that criminal negligence suffices to establish an element of an offense, that element also is established if a person acts intentionally, knowingly or recklessly. If acting recklessly suffices to establish an element, that element also is established if a person acts intentionally or knowingly. If acting knowingly suffices to establish an element, that element is also established if a person acts intentionally.