REFERENCE TITLE: life sentence; parole eligibility

 

 

 

 

State of Arizona

House of Representatives

Fiftieth Legislature

First Regular Session

2011

 

 

HB 2378

 

Introduced by

Representatives Ash, Court, Miranda R, Patterson: McLain, Miranda C, Pancrazi, Pratt, Smith D, Senator Gray

 

 

AN ACT

 

amending title 13, chapter 7.1, Arizona Revised Statutes, by adding section 13-760; relating to capital sentencing.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 13, chapter 7.1, Arizona Revised Statutes, is amended by adding section 13-760, to read:

START_STATUTE13-760.  Life sentences; parole eligibility; exception

A.  A person who was convicted of murder for an offense that was committed before august 8, 1973 and who was sentenced to life in prison shall be eligible for parole after serving twenty-five calendar years. 

B.  If the person was convicted of any other offense for which the person is serving a sentence that runs consecutively to the murder conviction, the person shall be eligible for parole only to the consecutive sentence.

C.  Parole eligibility pursuant to subsections a and b takes effect immediately on the effective date of this section.

D.  Within thirty days after the effective date of this section, the state department of corrections shall notify all persons who are eligible for parole pursuant to subsections A and B of their parole eligibility. END_STATUTE

Sec. 2.  Intent

It is the intent of the legislature to ensure that persons who are sentenced for the same crime should receive the same sentence and the same opportunity for sentence review.  This legislation is not intended to release any currently serving inmate but rather to correct sentencing inequities that may have occurred and to afford and require similar circumstances of sentence and review opportunities to inmates who were sentenced for the same crime.

Sec. 3.  Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.