Assigned to JUD                                                                                                  FOR CAUCUS & FLOOR ACTION

ARIZONA STATE SENATE

Forty-seventh Legislature, Second Regular Session

AMENDED

FACT SHEET FOR S.B. 1164

aggravated assault; suffocation and strangulation

Purpose

            Classifies suffocation and strangulation as aggravated assault.

Background

            Assault, a misdemeanor, means intentionally, knowingly or recklessly causing 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 (A.R.S. § 13-1203).

            Aggravated assault, a felony, involves committing assault under 16 established conditions, including: 1) if the person is 18 years of age or older and commits the assault upon a child of 15 years of age or under; 2) if the person uses a deadly weapon or dangerous instrument; and 3) if the person causes serious physical injury to another (A.R.S. § 13-1204). 

            Aggravated assault resulting in serious physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument committed against a child under 15 years of age is classified as a dangerous crime against children.  Dangerous crimes against children have increased punishments and for a first time offender convicted of a dangerous crime against children involving aggravated assault, the presumptive sentence is 17 years.  (A.R.S. § 13-604.01). 

            The dictionary definition of strangulation is the serious or fatal obstruction of normal breathing, and to suffocate means to stop respiration or deprive of oxygen.  The Arizona Coalition Against Domestic Violence reports that some victims of domestic violence are subject to strangulation and suffocation.  Under Arizona law, domestic violence includes all offenses of assault and aggravated assault.  Domestic violence offenses carry the classification prescribed by law for that offense and may carry an additional penalty of: 1) a written notice for the first offense; 2) probation for the second offense; and 3) incarceration for the third offense (A.R.S. § 13-3601).

            There may be a fiscal impact associated with this legislation due to an increased number of persons sentenced to serving prison terms in the Arizona Department of Corrections.

Provisions

1. Expands the number of circumstances that are classified as aggravated assault to include assault committed by conduct that impedes:

a) normal breathing or circulation of the blood by the application of pressure on another person’s throat or neck.

b) normal breathing by the blocking of the nose or mouth of another person.

2. Classifies these new circumstances of aggravated assault as a class 4 felony, unless the victim is under 15 years of age, in which case it is a class 3 felony punishable as a dangerous crime against children.

3. Requires the court, if it sentences a person to probation for one of the two new circumstances of aggravated assault, to order as an initial condition of probation the person to be imprisoned in the county jail for a period of not less than 30 days.

4. Specifies the probationary jail term does not apply to those persons sentenced to serve a period of incarceration in the Arizona Department of Corrections and that the jail term cannot be deferred, deleted or otherwise suspended and must commence on the date of sentencing.

5. Makes conforming changes to the dangerous crimes against children statute.

6. Makes technical corrections.

7. Becomes effective on the general effective date.

Amendments Adopted by Committee

· Adds the requirement of a jail term if probation is given and makes conforming changes.

Senate Action

JUD                 2/6/06     DPA     6-0-2-0

Prepared by Senate Research

February 13, 2006

JE/LB/ac