Bill Text: AZ HB2309 | 2013 | Fifty-first Legislature 1st Regular | Chaptered
Bill Title: Criminal offenses; sentencing
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2013-04-05 - Governor Signed [HB2309 Detail]
Download: Arizona-2013-HB2309-Chaptered.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-first Legislature First Regular Session 2013
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CHAPTER 55
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HOUSE BILL 2309 |
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AN ACT
amending section 8-381, Arizona Revised Statutes; transferring and renumbering section 13-3423, Arizona Revised Statutes, for placement in title 12, chapter 1, article 1, Arizona Revised Statutes, as section 12-116.08; amending section 12-116.08, Arizona Revised Statutes, as transferred and renumbered by this act; amending sections 13-703, 13‑4414 and 32‑109, Arizona Revised Statutes; relating to criminal offenses.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-381, Arizona Revised Statutes, is amended to read:
8-381. Applicability
This article applies to acts that are committed by a juvenile and that if committed by an adult would be either:
1. A misdemeanor offense involving physical injury, the threat of physical injury or a sexual offense.
2. A felony offense.
3. A petty offense.
4. A violation of a local criminal ordinance. END_STATUTE
Sec. 2. Section 13‑3423, Arizona Revised Statutes, is transferred and renumbered for placement in title 12, chapter 1, article 1, Arizona Revised Statutes, as section 12‑116.08 and, as so renumbered, is amended to read:
12-116.08. Assessment for drug offenses
In addition to any other penalty prescribed by law, the court shall order a person who is convicted of a violation of this title 13, chapter 34 to pay an additional assessment of fifteen dollars. This assessment is not subject to any surcharge. The court shall transmit the monies received pursuant to this subsection section to the county treasurer. The county treasurer shall transmit the monies received to the state treasurer. The state treasurer shall deposit the monies received in the technical registration fund established by section 32‑109.
Sec. 3. Section 13-703, Arizona Revised Statutes, is amended to read:
13-703. Repetitive offenders; sentencing
A. A person shall be sentenced as a category one repetitive offender if the person is convicted of two felony offenses that were not committed on the same occasion but that either are consolidated for trial purposes or are not historical prior felony convictions.
B. A person shall be sentenced as a category two repetitive offender if the person either:
1. Is convicted of three or more felony offenses that were not committed on the same occasion but that either are consolidated for trial purposes or are not historical prior felony convictions.
2. Except as provided in section 13‑704 or 13‑705, is at least eighteen years of age or has been tried as an adult and stands convicted of a felony and has one historical prior felony conviction.
C. Except as provided in section 13‑704 or 13‑705, a person shall be sentenced as a category three repetitive offender if the person is at least eighteen years of age or has been tried as an adult and stands convicted of a felony and has two or more historical prior felony convictions.
D. The presumptive term set by this section may be aggravated or mitigated within the range under this section pursuant to section 13‑701, subsections C, D and E.
E. If a person is sentenced as a category one repetitive offender pursuant to subsection A of this section and if at least two aggravating circumstances listed in section 13‑701, subsection D apply or at least two mitigating circumstances listed in section 13‑701, subsection E apply, the court may impose a mitigated or aggravated sentence pursuant to subsection H of this section.
F. If a person is sentenced as a category two repetitive offender pursuant to subsection B of this section and if at least two aggravating circumstances listed in section 13‑701, subsection D apply or at least two mitigating circumstances listed in section 13‑701, subsection E apply, the court may impose a mitigated or aggravated sentence pursuant to subsection I of this section.
G. If a person is sentenced as a category three repetitive offender pursuant to subsection C of this section and at least two aggravating circumstances listed in section 13‑701, subsection D or at least two mitigating circumstances listed in section 13‑701, subsection E apply, the court may impose a mitigated or aggravated sentence pursuant to subsection J of this section.
H. A category one repetitive offender shall be sentenced within the following ranges:
Felony Mitigated Minimum Presumptive Maximum Aggravated
Class 2 3 years 4 years 5 years 10 years 12.5 years
Class 3 2 years 2.5 years 3.5 years 7 years 8.75 years
Class 4 1 year 1.5 years 2.5 years 3 years 3.75 years
Class 5 .5 years .75 years 1.5 years 2 years 2.5 years
Class 6 .3 .25 years .5 years 1 year 1.5 years 1.8 2 years
I. A category two repetitive offender shall be sentenced within the following ranges:
Felony Mitigated Minimum Presumptive Maximum Aggravated
Class 2 4.5 years 6 years 9.25 years 18.5 years 23 years
Class 3 3.3 3.25 years 4.5 years 6.5 years 13 years 16.25 years
Class 4 2.25 years 3 years 4.5 years 6 years 7.5 years
Class 5 1 year 1.5 years 2.25 years 3 years 3.75 years
Class 6 .75 years 1 year 1.75 years 2.25 years 2.75 years
J. A category three repetitive offender shall be sentenced within the following ranges:
Felony Mitigated Minimum Presumptive Maximum Aggravated
Class 2 10.5 years 14 years 15.75 years 28 years 35 years
Class 3 7.5 years 10 years 11.25 years 20 years 25 years
Class 4 6 years 8 years 10 years 12 years 15 years
Class 5 3 years 4 years 5 years 6 years 7.5 years
Class 6 2.25 years 3 years 3.75 years 4.5 years 5.75 years
K. The aggravated or mitigated term imposed pursuant to subsection H, I or J of this section may be imposed only if at least two of the aggravating circumstances are found beyond a reasonable doubt to be true by the trier of fact or are admitted by the defendant, except that an aggravating circumstance under section 13‑701, subsection D, paragraph 11 shall be found to be true by the court, or in mitigation of the crime are found to be true by the court, on any evidence or information introduced or submitted to the court or the trier of fact before sentencing or any evidence presented at trial, and factual findings and reasons in support of these findings are set forth on the record at the time of sentencing.
L. Convictions for two or more offenses committed on the same occasion shall be counted as only one conviction for the purposes of subsection B, paragraph 2 and subsection C of this section.
M. For the purposes of subsection B, paragraph 2 and subsection C of this section, a person who has been convicted in any court outside the jurisdiction of this state of an offense that was punishable by that jurisdiction as a felony is subject to this section. A person who has been convicted as an adult of an offense punishable as a felony under the provisions of any prior code in this state or the jurisdiction in which the offense was committed is subject to this section. A person who has been convicted of a felony weapons possession violation in any court outside the jurisdiction of this state that would not be punishable as a felony under the laws of this state is not subject to this section.
N. The penalties prescribed by this section shall be substituted for the penalties otherwise authorized by law if an allegation of prior conviction is charged in the indictment or information and admitted or found by the court. The release provisions prescribed by this section shall not be substituted for any penalties required by the substantive offense or a provision of law that specifies a later release or completion of the sentence imposed before release. The court shall allow the allegation of a prior conviction at any time before the date the case is actually tried unless the allegation is filed fewer than twenty days before the case is actually tried and the court finds on the record that the person was in fact prejudiced by the untimely filing and states the reasons for these findings. If the allegation of a prior conviction is filed, the state must make available to the person a copy of any material or information obtained concerning the prior conviction. The charge of previous conviction shall not be read to the jury. For the purposes of this subsection, "substantive offense" means the felony offense that the trier of fact found beyond a reasonable doubt the person committed. Substantive offense does not include allegations that, if proven, would enhance the sentence of imprisonment or fine to which the person otherwise would be subject.
O. A person who is sentenced pursuant to this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis, except as specifically authorized by section 31‑233, subsection A or B, until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41‑1604.07 or the sentence is commuted.
P. The court shall inform all of the parties before sentencing occurs of its intent to impose an aggravated or mitigated sentence pursuant to subsection H, I or J of this section. If the court fails to inform the parties, a party waives its right to be informed unless the party timely objects at the time of sentencing.
Q. The court in imposing a sentence shall consider the evidence and opinions presented by the victim or the victim's immediate family at any aggravation or mitigation proceeding or in the presentence report.
Sec. 4. Section 13-4414, Arizona Revised Statutes, is amended to read:
13-4414. Notice of post-conviction release; right to be heard; hearing; final decision
A. The victim has the right to be present and be heard at any proceeding in which post‑conviction release from confinement is being considered pursuant to section 31‑233, section 31‑326 31-236 or section 31‑411.
B. If the victim has made a request for post‑conviction notice, the board of pardons and paroles executive clemency shall, at least fifteen days before the hearing, give to the victim written notice of the hearing and of the victim's right to be present and be heard at the hearing.
C. If the victim has made a request for post‑conviction notice, the board of pardons and paroles executive clemency shall give to the victim notice of the decision reached by the board. The notice shall be mailed within fifteen days after the board reaches its decision.
Sec. 5. Section 32-109, Arizona Revised Statutes, is amended to read:
32-109. Technical registration fund
A. Pursuant to sections 35‑146 and 35‑147, the executive director shall deposit ten per cent of all fees or other revenues received by the board in the state general fund to assist in defraying the cost of maintaining the state government and shall deposit the remaining ninety per cent in a separate fund, known as the technical registration fund, to be used only in defraying expenses of the board and in prosecuting violations of this chapter.
B. Monies deposited in the technical registration fund pursuant to subsection A of this section shall be are subject to the provisions of section 35‑143.01.
C. In addition to the monies deposited in the technical registration fund pursuant to subsection A of this section, the technical registration fund consists of monies received pursuant to section 13‑3423 12-116.08. The monies that are received in the fund pursuant to this subsection shall be used:
1. To pay the board's expenses associated with investigations and enforcement actions pursuant to section 12‑1000.
2. For a county, city or town for remediation pursuant to section 12‑1000, subsection D. Notwithstanding section 35‑143.01, the monies received pursuant to section 13‑3423 12‑116.08 are not subject to legislative appropriation.
APPROVED BY THE GOVERNOR APRIL 5, 2013.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 5, 2013.
