Bill Text: AZ HB2373 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced
Bill Title: Criminal street gangs; sentencing
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2010-01-25 - Referred to House JUD Committee [HB2373 Detail]
Download: Arizona-2010-HB2373-Introduced.html
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REFERENCE TITLE: criminal street gangs; sentencing |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HB 2373 |
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Introduced by Representatives Campbell CH, Lujan, Sinema, Young Wright
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AN ACT
amending section 13-603, Arizona Revised Statutes; amending title 13, chapter 7, Arizona Revised Statutes, by adding section 13-709.05; amending title 41, chapter 11, Arizona Revised Statutes, by adding article 9; relating to criminal street gangs.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-603, Arizona Revised Statutes, is amended to read:
13-603. Authorized disposition of offenders
A. Every person convicted of any offense defined in this title or defined outside this title shall be sentenced in accordance with this chapter and chapters 7, 8 and 9 of this title unless otherwise provided by law.
B. If a person is convicted of an offense, the court, if authorized by chapter 9 of this title, may suspend the imposition or execution of sentence and grant such person a period of probation except as otherwise provided by law. The sentence is tentative to the extent that it may be altered or revoked in accordance with chapter 9 of this title, but for all other purposes it is a final judgment of conviction.
C. If a person is convicted of an offense, the court shall require the convicted person to make restitution to the person who is the victim of the crime or to the immediate family of the victim if the victim has died, in the full amount of the economic loss as determined by the court and in the manner as determined by the court or the court's designee pursuant to chapter 8 of this title. Restitution ordered pursuant to this subsection shall be paid to the clerk of the court for disbursement to the victim and is a criminal penalty for the purposes of a federal bankruptcy involving the person convicted of an offense.
D. If the court imposes probation it may also impose a fine as authorized by chapter 8 of this title.
E. If a person is convicted of an offense and not granted a period of probation, or when probation is revoked, any of the following sentences may be imposed:
1. A term of imprisonment authorized by this chapter or chapter 7 of this title.
2. A fine authorized by chapter 8 of this title. The sentence is tentative to the extent it may be modified or revoked in accordance with chapter 8 of this title, but for all other purposes it is a final judgment of conviction. If the conviction is of a class 2, 3 or 4 felony, the sentence cannot consist solely of a fine.
3. Both imprisonment and a fine.
4. Intensive probation, subject to the provisions of chapter 9 of this title.
5. Intensive probation, subject to the provisions of chapter 9 of this title, and a fine.
6. A new term of probation or intensive probation.
F. If an enterprise is convicted of any offense, a fine may be imposed as authorized by chapter 8 of this title.
G. If a person or an enterprise is convicted of any felony, the court may, in addition to any other sentence authorized by law, may order the forfeiture, suspension or revocation of any charter, license, permit or prior approval granted to the person or enterprise by any department or agency of the state or of any political subdivision.
H. A court authorized to pass sentence upon on a person convicted of any offense defined within or without this title shall have a duty to determine and impose the punishment prescribed for such offense.
I. If a person is convicted of a felony offense and the court sentences the person to a term of imprisonment, the court at the time of sentencing shall impose on the convicted person a term of community supervision. The term of community supervision shall be served consecutively to the actual period of imprisonment if the person signs and agrees to abide by conditions of supervision established by the state department of corrections. Except pursuant to subsection J, the term of community supervision imposed by the court shall be for a period equal to one day for every seven days of the sentence or sentences imposed.
J. In calculating the term of community supervision, all fractions shall be decreased to the nearest month, except for a class 5 or 6 felony which shall not be less than one month.
K. Notwithstanding subsection I, if the court sentences a person to serve a consecutive term of probation immediately after the person serves a term of imprisonment, the court may waive community supervision and order that the person begin serving the term of probation upon the person's release from confinement. The court may retroactively waive the term of community supervision or that part remaining to be served if the community supervision was imposed before July 21, 1997. If the court waives community supervision, the term of probation imposed shall be equal to or greater than the term of community supervision that would have been imposed. If the court does not waive community supervision, the person shall begin serving the term of probation after the person serves the term of community supervision. The state department of corrections shall provide reasonable notice to the probation department of the scheduled release of the inmate from confinement by the department.
L. If at the time of sentencing the court is of the opinion that a sentence that the law requires the court to impose is clearly excessive, the court may enter a special order allowing the person sentenced to petition the board of executive clemency for a commutation of sentence within ninety days after the person is committed to the custody of the state department of corrections. If the court enters a special order regarding commutation, the court shall set forth in writing its specific reasons for concluding that the sentence is clearly excessive. The court shall allow both the state and the victim to submit a written statement on the matter. The court's order, and reasons for its order, and the statements of the state and the victim shall be sent to the board of executive clemency.
M. A person who commits any felony or misdemeanor offense while the person is incarcerated in a jail or prison and who commits the offense to further, promote or assist a criminal street gang or security threat group shall be sentenced for the next higher class of offense, except if the offense is a class 2 felony. It is a rebuttable presumption that the person committed the offense to further, promote or assist a criminal street gang or security threat group if the person has previously been validated as a member of a security threat group by the state department of corrections. For the purposes of this subsection, "security threat group" means any organization, club, association or group of individuals, either formal or informal, that may have a common name or identifying symbol and whose members engage in activities that include planning, organizing, threatening, financing, soliciting, committing or attempting to commit unlawful acts that would violate the state department of correction's written instructions and that detract from the safe and orderly operations of prisons.
Sec. 2. Title 13, chapter 7, Arizona Revised Statutes, is amended by adding section 13-709.05, to read:
13-709.05. Special sentencing provision; security threat group member; definition
A. A person who is convicted of any offense that is committed while the person is incarcerated in the state department of corrections and who has previously been validated as a member of a security threat group by the state department of corrections, as part of the person's sentence, shall be required to register pursuant to section 41‑1691.
B. The court, on its own initiative or on application of a person who is sentenced pursuant to subsection A of this section, after notice and an opportunity to be heard for the prosecuting attorney and, on request, the victim, may terminate the registration requirement pursuant to section 41‑1691 at a time earlier than that originally imposed if in the court's opinion the ends of justice will be served, if the court finds that the defendant has not engaged in any criminal activity or associated with any criminal street gang member or security threat group member for a period of ten years and if the conduct of the defendant warrants it.
C. For the purposes of this section, "security threat group" means any organization, club, association or group of individuals, either formal or informal, that may have a common name or identifying symbol and whose members engage in activities that include planning, organizing, threatening, financing, soliciting, committing or attempting to commit unlawful acts that would violate the department's written instructions and that detract from the safe and orderly operations of prisons.
Sec. 3. Title 41, chapter 11, Arizona Revised Statutes, is amended by adding article 9, to read:
ARTICLE 9. SECURITY THREAT GROUP REGISTRATION
41-1691. Security threat group; registration; definitions
A. A person who has been convicted of a violation or attempted violation of any offense that is punishable pursuant to section 13-709.05 or who has been convicted of an offense committed in another jurisdiction that if committed in this state would be a violation or attempted violation of any offense that would be punishable pursuant to section 13-709.05 or who is required to register by the convicting jurisdiction, within ten days after the conviction or within ten days after entering and remaining in any county of this state, shall register with the state department of corrections.
B. Before the person is released from confinement the state department of corrections shall complete the registration of any person who is imprisoned in this state and who is subject to subsection a of this section. Within three days after the person registers or the person's release from confinement, the state department of corrections shall make available the registered person's statement, fingerprints and photographs to the department of public safety and to the sheriff of the county in which the registered person intends to reside.
C. The court may order the termination of any duty to register under this section if the person was under eighteen years of age when the offense for which the person was convicted was committed.
D. At the time of registering, the person shall sign or affix an electronic fingerprint to a statement giving such information as required by the director of the state department of corrections, including all names by which the person is known. The information that is required by this subsection shall include the physical location of the person's residence and the person's address. If the person has a place of residence that is different from the person's address, the person shall provide the person's address, the physical location of the person's residence and the name of the owner of the residence if the residence is privately owned and not offered for rent or lease. If the person receives mail at a post office box, the person shall provide the location and number of the post office box. If the person does not have an address or a permanent place of residence, the person shall provide a description and physical location of any temporary residence and shall register as a transient not less than every ninety days with the state department of corrections.
E. Within seventy‑two hours, excluding weekends and legal holidays, after moving from the person's residence or after changing the person's name, a person who is required to register under this article shall inform the sheriff in person and in writing of the person's new residence, address or new name. If the person moves to a location that is not a residence and the person receives mail anywhere, including a post office box, the person shall notify the sheriff of the person's address. If the person does not have an address or a permanent place of residence, the person shall register as a transient not less than every ninety days with the sheriff in whose jurisdiction the transient is physically present. Within three days after receipt of the person's new information, the sheriff shall forward it to the department of public safety and to the state department of corrections.
F. A person who is subject to registration under this section and who fails to comply with the requirements of this section is guilty of a class 4 felony.
G. For the purposes of this section:
1. "Address" means the location at which the person receives mail.
2. "Residence" means the person's dwelling place, whether permanent or temporary.
