Bill Text: AZ HB2376 | 2020 | Fifty-fourth Legislature 2nd Regular | Introduced
Bill Title: Mandatory minimum sentences; judicial discretion
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2020-02-04 - House read second time [HB2376 Detail]
Download: Arizona-2020-HB2376-Introduced.html
|
REFERENCE TITLE: mandatory minimum
sentences; judicial discretion |
|
State of
Arizona House of
Representatives Fifty-fourth
Legislature Second Regular
Session 2020 |
|
HB 2376 |
|
|
|
Introduced by Representatives Rivero: Toma |
AN ACT
amending title
13, chapter 7, Arizona Revised Statutes, by adding section 13‑719;
relating to sentencing.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 7, Arizona Revised Statutes, is amended by adding section 13-719, to read:
13-719. Mandatory prison sentence; judicial discretion; annual report; annual savings determination
A. Notwithstanding any other law,
when sentencing a defendant who is convicted of an offense that requires a
mandatory prison sentence, the court may depart from the applicable mandatory
prison sentence and impose a shorter prison sentence or suspend the sentence
and impose a term of probation if the court finds that, in giving due regard to
the nature of the offense and the defendant's history and character, both of
the following apply:
1. The imposition of the mandatory
prison sentence would result in an injustice to the defendant.
2. The mandatory prison sentence is
not necessary for the protection of the public.
B. This section does not apply to a
conviction for any of the following:
1. An offense involving death or
serious physical injury to another person.
2. An offense that is listed in
chapter 14 of this title and that is committed by the defendant against a
minor, other than an offense involving sexual conduct if the victim was
fifteen, sixteen or seventeen years of age, the defendant was under nineteen
years of age or attending high school and was not more than twenty‑four
months older than the victim, and the conduct was consensual.
3. An offense in which the defendant
engages in a continuing criminal enterprise or organizes, leads, manages or
supervises others in an offense.
C. The court shall state on the
record in each case in which the court departs from a mandatory prison sentence
the reason for departing from the mandatory prison sentence.
D. The administrative office of the
courts shall submit an annual report to the Arizona criminal justice commission
that contains the name of each case in which the court departed from a
mandatory prison sentence.
E. The Arizona criminal justice commission shall annually determine the cost savings realized as a result of mandatory prison sentence departures and shall notify the state treasurer of this amount.
Sec. 2. Short title
This act may be cited as the "Arizona Judicial Discretion
Act".
