ARIZONA STATE SENATE
Phoenix, Arizona
aggravated assault; transit
workers
Expands the list of actions included in aggravated assault to include as class 6 felonies all assaults against public transportation drivers or operators.
Background
Under current law, assault
penalties range from class 1 to class 3 misdemeanors. Any one of the following actions is considered assault:
·
intentionally,
knowingly, or recklessly causing any physical injury to another person;
·
intentionally
placing another person in reasonable apprehension of imminent physical injury;
or
·
knowingly
touching another person with the intent to injure, insult, or provoke.
Current law also classifies
certain types of assaults as aggravated assaults. Aggravated assaults include but are not limited to assaults
against a person who is bound or otherwise physically restrained and assaults
against firefighters, paramedics, and corrections officers engaged in their
official duties. Penalties for
aggravated assault range from class 2 to class 6 felonies.
The City of Phoenix Public
Transit Department reports that during the six-year period from 1994 through
1999, its major transportation contractor experienced an average of 30 assaults
and aggravated assaults on its approximately 500 public transportation drivers
per year. The Arizona Transit
Association believes this legislation would protect operators, passengers, and
other motorists.
Any fiscal impact upon the
state general fund is unknown at this time.
Provisions
1. Broadens the category of aggravated assault to include assault against a driver of a bus, streetcar, or other vehicle used to transport people for hire and stipulates that this assault is a class 6 felony.
2. Makes conforming changes.
3. Provides for a general effective date.
JUD 1/30/01 DPA 6-3-0-1-0
3rd Read 2/21/01 DPA 32-24-4-0
Prepared by Senate Staff
March 9, 2001