Ducey signs 'Blue Lives Matter' bill that toughens penalty for assaulting off-duty police
In an effort to reinforce that “Blue Lives Matter,” the Arizona Legislature and Gov. Doug Ducey have created tougher penalties for assaulting a police officer — even if the officer is off duty.
Ducey signed Senate Bill 1366 into law Monday afternoon. It will take effect later this summer.
"Our police officers put their lives on the line every day to defend our communities and keep our streets safe,” Ducey said in a released statement. "Their job is dangerous enough already, and we have zero tolerance for anyone who would target officers simply for doing their jobs. This legislation sends the clear message that Arizona stands firmly by its men and women in uniform, and I am proud to sign it.”
The measure, dubbed the “Blue Lives Matter Law,” makes it an aggravating circumstance for someone to knowingly assault an off-duty law-enforcement officer out of malice because of the officer's employment. It also creates a new felony charge for attempting to take an off-duty officer's gun, handcuffs or other weapon.
It's already a higher-level crime to assault an on-duty police officer.
"I think our law-enforcement officers across the country have the hardest jobs right now,” said the bill’s sponsor, Sen. Steve Smith, R-Maricopa. “We’re aiming to protect those who protect us…. We’ve got their back.”
Rep. Reginald Bolding, D-Laveen, voted against the bill. He criticized it as a broad effort that establishes a double standard for protections of police officers.
“For myself and my colleagues, we all support police and law-enforcement officers,” Bolding said. “But this bill is not about supporting or not supporting law-enforcement officers. Are we setting up a double standard?”
Bolding also took umbrage with Smith's title, saying it is an inappropriate political statement that attempts to stop a problem of off-duty police officers being assaulted for their profession when there is little quantitative data that it exists.
"This is a bill that is searching for a problem when there is not one," he said.
Under existing law, aggravated-assault charges can be leveled if the defendant knowingly committed the crime against a peace officer, constable, firefighter, paramedic, health-care practitioner, teacher, prosecutor, judicial officer or public defender.
“I based this law on what Arizona already had and strengthened what was already there,” Smith said.
Defendants charged in incidents involving the assaults of off-duty officers will now be treated with the same aggravating statutes if they were to specifically target a uniformed, active officer.
Smith’s bill passed in the House 34-25 earlier this month despite Democratic lawmakers voting against the measure. Only one Republican, Rep. Michelle Ugenti-Rita, R-Scottsdale, voted against it in the House. It passed the Senate 21-9, with all Republicans and four Democrats supporting it.
It's unclear how prevalent such assaults on off-duty officers are in Arizona. In 2015, the FBI released Uniform Crime Reporting data that stated 50,212 on-duty officers were assaulted nationwide. Nearly 30 percent were injured in the attacks.
Arizona accounted for 1,900 of the national assaults, according to 91 reporting agencies.
Several state law-enforcement organizations supported the bill. The American Civil Liberties Union of Arizona opposed it.