ARIZONA HOUSE OF REPRESENTATIVES

HB 2424: undesignated felony; misdemeanor designation

PRIME SPONSOR: Representative Weninger, LD 17

BILL STATUS: House Engrossed

Requires that an undesignated felony be treated as a misdemeanor for all purposes until the court designates the offense a felony.

History

If a person is convicted of a class six felony not involving a dangerous offense and does not have more than one prior felony conviction, the court may enter judgment as a class one misdemeanor or may refrain from designating the offense until the defendant completes probation (A.R.S. §§ 13-604(A), 13-3403(G), 13-3403.01(B)(2), 13-3407(B)(1)). Upon successful completion of probation, the court may then designate the felony as a class one misdemeanor.

An undesignated felony is generally treated as a felony for all purposes until the court designates the offense a misdemeanor, but a qualifying class six felony can be designated a class one misdemeanor by the prosecutor (A.R.S. § 13-604(B)).

Provisions

1. Permits the state and a defendant to enter a stipulation requiring that a class six undesignated felony be treated as a felony until designated.

2. Requires that class six undesignated felonies not subject to such a stipulation be treated as a misdemeanor until designated.

3. Requires the court, upon the defendant's successful completion of probation and discharge, to designate the class six undesignated felony a misdemeanor.

a. Exempts from this requirement a defendant who owes victim restitution or willfully fails to pay a court-ordered monetary obligation.

4. Requires that all outstanding monetary obligation be converted to a criminal restitution order.

5. States that an undesignated offense treated as a misdemeanor must be treated as a class one misdemeanor.

6. Defines successful, for the purposes of determining when a person has successfully completed probation, as being in the discretion of the court.

7. Makes a conforming change.

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11. Fifty-fourth Legislature                       HB 2424

12. First Regular Session                            Version 1: House Engrossed

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