REFERENCE TITLE: death sentence; moratorium

 

 

 

State of Arizona

Senate

Fifty-first Legislature

First Regular Session

2013

 

 

SB 1338

 

Introduced by

Senators Bradley, Lopez

 

 

AN ACT

 

Establishing a moratorium on the imposition of the death penalty.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

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

Section 1.  Death sentences; moratorium

Beginning on the effective date of this act through December 31, 2028, a person who is convicted of first degree murder pursuant to section 13-1105, Arizona Revised Statutes, shall not be sentenced to death pursuant to sections 13-751 and 13-752, Arizona Revised Statutes.

Sec. 2.  Cost savings; cold case investigations

A.  The legislature shall appropriate any cost savings that are generated by the moratorium on the imposition of the death penalty to supplement monies that are appropriated by the legislature to the Arizona criminal justice commission.  The Arizona criminal justice commission shall distribute the cost savings to local law enforcement agencies to fund cold case investigations.

B.  Notwithstanding any other law, counties shall give priority to using the cost savings that are generated by the moratorium on the imposition of the death penalty to fund cold case investigations.

Sec. 3.  Intent

It is the intent of the legislature to impose a moratorium on the imposition of the death penalty in this state for fifteen years and to use the anticipated general fund savings and county savings from the moratorium on the imposition of the death penalty to increase funding to law enforcement agencies in this state to fund cold case investigations.  After the fifteen‑year period expires, the legislature intends to evaluate the cost savings that are generated by the moratorium on the imposition of the death penalty and determine if it should be extended or made permanent.

Sec. 4.  Applicability

This act applies to any first degree murder case in which the trier of fact has not rendered a verdict on or after the effective date of this act.