This bill proposes several updates to current Arizona statutes regarding sentencing for certain felony offenses motivated by hostility toward a victim based on their identity. Specifically, it introduces a new section (13-722) that mandates increased sentences for individuals convicted of specific felonies if the crime was committed out of hostility toward the victim's identity or based on the defendant's perception of that identity. The bill stipulates that such offenders are ineligible for suspension of sentence, probation, or release until their sentence is fully served, with additional sentence enhancements of three to five years depending on the class of felony.
Additionally, the bill clarifies that these provisions do not apply to certain violations of assault and criminal damage, and it emphasizes that the new section does not infringe upon constitutional rights related to free speech. It also updates the classification of criminal damage to a class 6 felony if committed with hostility based on identity, and it modifies the language regarding the powers of armed nuclear security guards by removing outdated references and ensuring consistency in the legal text. Furthermore, the bill expands the scope of data collection on criminal offenses to include political expression and political affiliation, reflecting a broader understanding of prejudice.
Statutes affected: Introduced Version: 13-722, 13-1203, 13-1602, 13-4903, 13-4904, 41-1750, 13-1204, 13-2308.02, 13-2904, 13-2922, 31-233, 41-1604.07, 13-3102, 13-4902, 13-403, 13-404, 13-405, 13-406, 13-408, 13-409, 13-410, 13-411, 13-1103, 13-1104, 13-1105, 13-1304, 13-1507, 13-1508, 13-1703, 13-1704, 13-1904, 13-2308.01