SB1141 - 452R - House Bill Summary

House of Representatives

SB 1141

crimes; assault; drugs; gangs

(NOW: criminal code; omnibus)

Sponsors: Senator Richardson; Representatives Voss, Giffords

dp	Committee on Judiciary
DP	Committee on Retirement and Government Operations
DPA	Caucus and COW
X	Third Read
	As Passed the House

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SB 1141 classifies the crime of assisting a criminal street gang and allows a judicial officer to inquire into the source of the property offered by a defendant for bail.

Current Status

SB 1141 passed the Judiciary Committee unamended. SB 1198 passed the Retirement and Government Operations Committee unamended.

SB 1141 was amended in the Committee of the Whole with numerous substantive changes that affect various aspects of Arizona’s criminal law.

Provisions

§ Classifies assault committed against a person in violation of an order of protection or emergency order of protection issued in another jurisdiction as aggravated assault.

§ Separates the crime of assisting a criminal street gang from its current grouping in the criminal syndicate statute, and places it in a new section of law, retaining its current penalty of a Class 3 felony.

§ Specifies that assisting a criminal street gang consists of a felony preparatory or completed offense.

§ Stipulates that a judicial officer may inquire into the source of the property offered as collateral to secure a bond and may decline property offered as collateral if the property would not reasonably assure the defendant’s appearance.

§ Makes technical and conforming changes.

Amendments

SB 1141 was amended in the Committee of the Whole as follows:

§ Provides that interest accrues on a criminal restitution order during probation in the same manner as a civil judgment.

§ Removes the provision that limits imposition of release conditions to felony cases for a person released from custody on bail or on his own recognizance.

§ Provides that if there is evidence that a misdemeanor crime was a hate crime, the court must sentence the defendant to the maximum time allowable or to pay the maximum fine.

§ Removes inconsistencies in statute to clarify that modified orders of protection and injunctions against harassment become effective when served on the defendant.

§ Distinguishes between the sentence enhancement allowed for domestic violence misdemeanors and felonies when the victim is pregnant.

§ Requires that petitions for orders of protection must include whether there is pending action for maternity or paternity.

§ Establishes a sentence enhancement for persons convicted of a dangerous crime against a vulnerable or incapacitated adults and requires that the allegation that the dangerous crime was committed against an incapacitated or vulnerable adult be charged in the indictment or information and be admitted by the defendant or found by the court.

§ Gives the court discretion in whether to enhance the sentence of a person convicted of a crime against an incapacitated or vulnerable adult.

§ Requires the court to allow the allegation that the dangerous crime was committed against an incapacitated or vulnerable adult to be made at any time before the case is tried unless:

Ø The allegation is filed fewer than 20 days before the case is tried.

Ø The court finds prejudice against the defendant resulted by the untimely filing of the allegation and states the reason for the finding.

§ Defines the term dangerous crime against an incapacitated or vulnerable adult as including any of the following crimes if committed against an incapacitated or vulnerable adult:

Ø Sexual assault.

Ø Kidnapping.

Ø Sexual abuse.

Ø Attempted first degree murder.

Ø Vulnerable adult abuse.

Ø Felony theft if the person knowingly takes control, title, use or management of an incapacitated or vulnerable adult’s assets or property through intimidation or deception while acting in a position of trust and confidence and with the intent to deprive the incapacitated or vulnerable adult of the asset or property.

§ Defines the terms incapacitated and vulnerable adult.

§ Adds United States attorneys to the definition of prosecutor for purposes of aggravated assault.

§ Removes the provision of law that makes furnishing harmful items to minors inapplicable to transmission or sending of items over the Internet.

§ Requires an employer to allow an employee to leave work to attend an order of protection hearing.

§ Provides that in lieu of providing the employer with a copy of the form provided to the employee by law enforcement prior to leaving work to attend a court proceeding in which the employee has the right to be present pursuant to Arizona’s victims’ rights law, the employee must provide written verification of the criminal proceeding issued by the court.