RESEARCH STAFF

CHRIS CARPENTERLEGISLATIVE INTERNKATY YANEZLEGISLATIVE RESEARCH ANALYSTAPPROPRIATIONS COMMITTEE

Telephone: (602) 926 -3171

Facsimile: (602) 926 -3833

TO: MEMBERS OF THE SENATE APPROPRIATIONS COMMITTEE

DATE: March 9, 2012

SUBJECT: Strike everything amendment to H.B. 2071, relating to resisting arrest

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Purpose



Establishes, as a class one misdemeanor, the crime of resisting arrest by passive resistance.

Background

Statute specifies an arrest is made by the actual restraint of the person to be arrested, or by submission to the custody of the person making the arrest (A.R.S. § 13-3881). A person commits resisting arrest by intentionally preventing or attempting to prevent a person reasonably known to be a peace officer acting under official authority from effecting an arrest by: using or threatening to use physical force against the peace officer or another; or using any other means creating a substantial risk of causing physical injury to the peace officer or another. Resisting arrest is a class 6 felony (A.R.S. § 13-2508).

According to Merriam-Webster’s dictionary, passive resistance is resistance, especially to a government or an occupying power, characterized mainly by noncooperation.

There is no anticipated fiscal impact to the state General Fund associated with this legislation; however, there may be costs associated with increased prosecution and incarceration. The maximum fine for a class 1 misdemeanor is $2,500 (A.R.S. § 13-802) and the maximum period of imprisonment is six months in jail (A.R.S. § 13-707).

Provisions

1. Establishes, as a class one misdemeanor, the violation of engaging in passive resistance to prevent arrest.

2. Makes technical and conforming changes.

3. Becomes effective on the general effective date.