The proposed bill would amend current Arizona statutes to establish enhanced sentencing provisions for certain felony offenses committed out of hostility toward a victim based on their identity, including race, gender, and political affiliation. Specifically, it would create a new section that mandates increased prison sentences—by one year for class 4, 5, or 6 felonies and by two years for class 2 or 3 felonies—if the offense is found to be motivated by hostility toward the victim's identity. Additionally, offenders would be ineligible for suspension of sentence, probation, or release until their sentence is fully served, with certain exceptions. The bill also clarifies that these enhancements do not infringe upon constitutional rights to free speech.

Furthermore, the bill expands the list of protected identity groups to include political affiliation and requires the Department of Public Safety to collect data on crimes motivated by prejudice against this group. It raises the classification of certain misdemeanors, such as assault and criminal damage, to felonies if committed with hostility based on the victim's identity. The bill also makes technical changes to existing statutes to ensure consistency with these new provisions.

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
House Engrossed Version: 13-722, 13-1203, 13-1602, 13-4903, 13-4904, 41-1750, 13-1204, 13-2923, 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