Bill Text: AZ HB2400 | 2019 | Fifty-fourth Legislature 1st Regular | Introduced
Bill Title: Sentencing; mandatory minimum; exception
Spectrum: Slight Partisan Bill (Democrat 5-3)
Status: (Introduced - Dead) 2019-01-31 - House read second time [HB2400 Detail]
Download: Arizona-2019-HB2400-Introduced.html
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REFERENCE TITLE: sentencing; mandatory minimum; exception |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HB 2400 |
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Introduced by Representatives Engel: Blanc, Bowers, Rivero, Rodriguez, Stringer, Senators Gonzales, Mendez
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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 minimum sentence exception; factors to consider; sentencing record
A. Notwithstanding any other law, the court may impose a sentence that is below a mandatory minimum sentence if the court finds that it is necessary in order to comply with subsection B of this section.
B. The court shall impose a sentence that is sufficient, but not greater than necessary, to comply with the purposes listed in paragraph 2 of this subsection. the court shall consider all of the following to determine the particular sentence to impose:
1. The nature and circumstances of the offense and the history and characteristics of the defendant.
2. The need for the sentence imposed to do all of the following:
(a) Reflect the seriousness of the offense, to promote respect for the law and to provide just punishment for the offense.
(b) Afford adequate deterrence to criminal conduct.
(c) Protect the public from the defendant committing further crime.
(d) Provide the defendant with needed education or vocational training, medical care or other correctional treatment in the most effective manner.
3. The kinds of sentences that are available.
4. The kinds of sentence and the sentencing range that is established for the applicable category of offense committed by the applicable category of defendant as set forth in statute.
5. the need to avoid unwarranted sentence disparities among defendants who have similar criminal history records and who have been found guilty of similar conduct.
6. The need to provide restitution to any victim of the offense.
C. Before imposing a sentence that is below the mandatory minimum pursuant to this section, the court shall provide the parties notice of the court's intent to do so and an opportunity to respond. The court shall include in the defendant's sentencing record the reasons that the specific factors listed in subsection B of this section require the imposition of a sentence that is below the statutory minimum.
D. This section does not limit any of the defendant's appeal rights.
