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REFERENCE TITLE: sentencing; prior convictions; methamphetamine.. |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SB 1062 |
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Introduced by Senator Paton
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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:
13-709.03. 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 years 10 years 15 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 or an act in another jurisdiction that if committed in this state would be a violation of section 13-3407, subsection A, paragraph 2, 3, 4 or 7 or section 13-3407.01 shall be sentenced as follows:
Minimum Presumptive Maximum
10 years 15 years 20 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.