Key Points

• Preston’s Law was introduced in response to the death of 16-year-old Preston Lord in 2023

• The bill would classify “swarming” as a category of aggravated assault

• An amendment was added to specify that a swarming attack that results in physical injury can be classified as aggravated assault

A bill that would impose strict penalties for groups who assault individuals and cause physical injuries is one step closer to passing the Legislature after the Senate approved the measure during a Committee of the Whole session on April 22.

House Bill 2611 was introduced in response to the beating and death of 16-year-old Preston Lord in 2023 after he was attacked at a Halloween party in Queen Creek. His death was connected to a gang of teens known as the Gilbert Goons who were known for assaulting people in the area.

Seven individuals were charged with first degree murder.

The bill would create a new category of aggravated assault for “swarming,” where at least two accomplices are present when an attacker targets a victim. This type of attack would become a Class 4 felony, which would prevent it from being treated like a misdemeanor.

The bill would also expand aggravated assaults to include categories of workers such as first responders, teachers and school employees, health care workers, park rangers, prosecutors and public defenders.

The Senate adopted an amendment introduced by Sen. John Kavanagh, R-Fountain Hills, during Committee of the Whole specifying that a swarming attack must result in a physical injury to be classified as an aggravated assault.

Rep. Matt Gress, R-Phoenix, the bill’s sponsor, said during the Senate Judiciary and Elections Committee hearing on March 26 that the legislation could serve as an effective tool to deter the type of attacks that led to Lord’s death, as well as serious injuries sustained by victims in similar attacks.

“I believe it’s a really important tool our prosecutors can have to keep communities safe,” Gress said.

Maricopa County Attorney Rachel Mitchell said at the hearing that the current law allows these attacks to be classified as Class 6 felonies, which can result in probation for the attacker and even be converted to a misdemeanor.

“This type of crime is so serious, I don’t need to convince anybody here that it can be deadly,” said Mitchell, who worked with Gress to introduce the bill.

Melissa Ciconte, Lord’s stepmother, spoke in support of the bill at the hearing, describing her stepson’s murder as a “pure act of cruelty.”

“There are no words strong enough to describe the pain of losing him, no words that undo the senseless, brutal act that robbed him of his future, his dreams and his place in our lives,” Ciconte said. 

She referred to the bill as more than a piece of legislation, but also as a necessary step toward justice.

“The passage of Preston’s Law is not just necessary. It’s imperative,” she said. “It sends a clear message (that) if you choose violence, you will be held accountable. We owe it to every victim of senseless violence. Let us make sure Preston’s name is not just a memory, but a catalyst for change.”

Despite the testimony, there were still concerns from some lawmakers and speakers that the bill could lead to children involved in schoolyard fights facing felony convictions.

Kavanagh introduced the amendment to alleviate those concerns.

However, Sen. Lauren Kuby, D-Tempe, said during the Committee of the Whole session that even with the amended language, the bill didn’t adequately address concerns.

“It should clarify that the assault resulted in a serious physical injury,” Kuby said. “Without the inclusion of the word ‘serious,’ kids in a schoolyard altercation will end up being charged with a Class 4 felony for what should be a misdemeanor merely because they’re in a group and have aided in a misdemeanor assault.”

Kavanagh said he was willing to broker negotiations with stakeholders to further address those concerns.