PHOENIX — Aggressive begging will soon be illegal in Arizona. So will the non-aggressive kind — if you stop traffic to do it.
Gov. Doug Ducey signed two measures Wednesday designed to deal with what state Sen. John Kavanagh, R-Fountain Hills, contends are gaps in state law.
The more comprehensive measure follows a 2013 ruling by a federal judge that voided state and local laws that made panhandling a crime. Judge Neil Wake said simply asking for money — or food — is protected by the First Amendment.
This new law, which takes effect in July, narrows what is a crime to instead outlaw begging if the person soliciting the donation makes intentional or knowing physical contact with the other person. It also outlaws continuing to beg after being rejected or acting in ways designed to cause a reasonable person to fear imminent bodily harm.
There also is a specific prohibition against begging within 15 feet of a bank or automated teller machine unless the person has permission of the property owner.
But Kavanagh, who originally sought jail time for offenders, agreed to reduce the penalty to a petty offense with a maximum $300 fine. He said that prevents those who run afoul of the law from having a criminal record.
The other legislation, also set to kick in this summer, is the outgrowth of problems on the senator’s nightly trip home.
Kavanagh said that in getting off the freeway in Mesa he often found the light was red, not because of cross traffic, but because someone kept pushing the button at the crosswalk. The intent, Kavanagh said, was not to cross but to stop traffic to provide extra time to seek money.
Kavanagh was so incensed he introduced legislation to make it a misdemeanor, punishable by up to six months in jail, to push the crosswalk button if the purpose is to solicit a donation.
“Here’s someone who’s not working, who’s bumming money, and he’s going to slow you down so he can bum off more people?” Kavanagh told Capitol Media Services in explaining why he introduced the legislation. “That’s wrong.”
The measure would also apply to those who sell things on the roadside.
