Assigned to JUD                                                                                         AS PASSED BY THE SENATE

 

 

 

ARIZONA STATE SENATE

Phoenix, Arizona

 

REVISED

FACT SHEET FOR S.B. 1348

 

taking firearms; peace officers; sentencing

 

Purpose

 

            Increases terms of imprisonment by five years for various crimes when the offense involves taking or attempting to take a firearm from a peace officer.

 

Background

 

            According to FBI statistics, 58 law enforcement officers were feloniously killed by firearms in 1998, with six of these officers being shot with their own weapons.  Although more recent numbers are not available, these figures have remained about the same since 1995.  To help prevent officers from becoming disarmed, improvements have been made to both holsters and officer training.  However, the Arizona Professional Police Officer’s Association (APA) indicates that additional penalties are also needed against individuals who disarm or attempt to disarm an officer.

 

            S.B. 1348 increases specified felony imprisonment sentences by five years when the offense involves disarming or attempting to disarm a peace officer.  According to the APA, the increased sentences are appropriate since the individuals impacted are considered more dangerous than other offenders; however, the increased penalty is not expected to reduce the number of attempts to disarm officers.

 

            Based on average costs for 1999, the Department of Corrections estimates that it could cost an additional $96,725 to incarcerate each individual who receives an increased sentence.

 

Provisions

 

1.      Increases terms of imprisonment by five years for specified felony convictions if the offense involved taking or attempting to take a firearm from a peace officer.

 

1.      Updates language relating to disabled persons and prison inmates.

 

1.      Contains technical and conforming changes.

 

1.      Provides for a general effective date.

 

 

 

 

 

 

Amendments Adopted by Judiciary Committee

 

1.      Clarifies that a five year term may be added to the minimum, maximum, or presumptive sentence if a felony involves taking or attempting to take a firearm from a peace officer.

 

2.      Removes the application of the five year sentence enhancement to misdemeanors.

 

3.      Corrects a bill drafting error that allowed decreasing by 10 years the sentence for an individual convicted of a dangerous crime against children in the second degree.

 

Amendments Passed by Committee of the Whole

 

Removes the changes regarding sentence enhancement related to dangerous crimes against children.

 

Senate Action

 

JUD                 2/13/01            DPA    5-0-3-0

3rd Read           2/26/01            DPA    21-9-0

 

 

Prepared by Senate Staff

February 28, 2001