Bill Text: AZ HB2136 | 2010 | Forty-ninth Legislature 2nd Regular | Engrossed


Bill Title: Sentencing; prior convictions; methamphetamine.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2010-03-02 - Referred to Senate JUD Committee [HB2136 Detail]

Download: Arizona-2010-HB2136-Engrossed.html

 

 

 

House Engrossed

 

 

 

 

State of Arizona

House of Representatives

Forty-ninth Legislature

Second Regular Session

2010

 

 

HOUSE BILL 2136

 

 

 

AN ACT

 

amending section 13-709.03, Arizona Revised Statutes; relating to sentencing.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 13-709.03, Arizona Revised Statutes, is amended to read:

START_STATUTE13-709.03.  Special sentencing provisions; drug offenses

A.  A person who is convicted of a violation of section 13-3407, subsection A, paragraph 2, 3, 4 or 7 involving methamphetamine shall be sentenced as follows:

Minimum                Presumptive             Maximum

5 years                10 years                15 years

B.  A person who is convicted of a violation of section 13-3407, subsection A, paragraph 2, 3, 4 or 7 involving methamphetamine and who has previously been convicted of a violation of section 13-3407, subsection A, paragraph 2, 3, 4 or 7 involving methamphetamine, or section 13-3407.01 or an act in another jurisdiction that if committed in this state would be a violation of section 13-3407, subsection A, paragraph 2, 3, 4 or 7 or section 13-3407.01 shall be sentenced as follows:

Minimum                Presumptive             Maximum

10 years               15 years                20 years

C.  The presumptive, minimum and maximum sentence for a violation of section 13-3411, subsection A shall be increased by one year.  A person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except pursuant to section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted.  The additional sentence imposed under section 13-3411, subsection B is in addition to any enhanced punishment that may be applicable under section 13‑703, section 13-704, section 13-708, subsection D or any provision of chapter 34 of this title.

D.  The presumptive term imposed pursuant to subsections A and B of this section may be mitigated or aggravated pursuant to section 13‑701, subsections D and E. END_STATUTE

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