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:
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 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.