State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2361: sentencing; repetitive offenders

PRIME SPONSOR: Representative Toma, LD 22

BILL STATUS: House Engrossed

 

 

Overview

Prohibits a court from sentencing a defendant as a repetitive offender unless the defendant was convicted and sentenced for a historical prior felony before the defendant committed the present offense.☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

History

A judge must sentence a defendant as a repetitive offender if the defendant is at least 18 years old and has one or more historical prior felony convictions (A.R.S. § 13-703).

Historical prior felony convictions include:

1.       Felony convictions, other than convictions for certain drug offenses, that mandated a prison term;

2.       Felony convictions that involved a dangerous offense, illegal control of a criminal enterprise, aggravated DUI, or a dangerous crime against children;

3.       Convictions for class two or three felonies committed within the past 10 years;

4.       Convictions for class four, five, or six felonies committed within the past five years;

5.       All third or subsequent felony convictions;

6.       Convictions for felonies committed outside the state within the past five years; and

7.       Felony convictions that involved a dangerous offense committed outside the state (A.R.S. § 13-105(22)).

Even if the defendant does not have any statutorily defined historical prior felony convictions, the judge must still sentence the defendant as a repetitive offender if the defendant is convicted for multiple felonies or non-possession drug offenses that were committed on different occasions if those offenses are either consolidated for trial or do not qualify as historical prior felony convictions (A.R.S. §§ 13-703(A), 13-3419(A)).

The sentencing range for repetitive offenders without historical prior felony convictions is generally lower than for other repetitive offenders. If the defendant is convicted of two felonies committed on different occasions, the defendant qualifies as a class one repetitive offender and the applicable sentencing range is generally the same as for a first-time felony offender (A.R.S. §§ 13-702(D), 13-703(H)). If the defendant is convicted of three or more felonies committed on different occasions, the defendant qualifies as a class two repetitive offender and the applicable sentencing range is the one that applies to a defendant convicted of a felony with one historical prior felony conviction (A.R.S. § 13-703(A), (I)).

Provisions

1.       Prohibits a court from sentencing a defendant as a repetitive offender unless the defendant was convicted and sentenced for a historical prior felony before the person committed the present offense (Sec. 3).

2.       Prohibits a court from sentencing a defendant for the aggregate amount of drugs involved in multiple drug offenses committed on different occasions that are either consolidated for trial or do not qualify as historical prior felony convictions (Sec. 4).

3.       Makes conforming changes (Secs. 1–5).

4.       Makes technical changes (Secs. 3, 5).

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8.       Fifty-fourth Legislature                       HB 2361

9.       First Regular Session                            Version 1: House Engrossed

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