Bill Text: AZ HB2429 | 2011 | Fiftieth Legislature 1st Regular | Introduced


Bill Title: Drug offenses; public parks; sentencing

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-02-07 - Referred to House JUD Committee [HB2429 Detail]

Download: Arizona-2011-HB2429-Introduced.html

 

 

 

REFERENCE TITLE: drug offenses; public parks; sentencing

 

 

 

 

State of Arizona

House of Representatives

Fiftieth Legislature

First Regular Session

2011

 

 

HB 2429

 

Introduced by

Representative Tovar

 

 

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 calendar years          10 calendar years      15 calendar 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 shall be sentenced as follows:

Minimum                   Presumptive            Maximum

10 calendar years         15 calendar years      20 calendar 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.

E.  The presumptive, minimum and maximum sentence for a violation of section 13-3402, 13-3405, 13-3406, 13-3407 or 13-3408 shall be increased by one year if the offense occurs on the grounds of a public park or playground or on a parking lot or sidewalk adjacent to a public park or playground. END_STATUTE

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