ARIZONA
HOUSE OF REPRESENTATIVES
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HB 2424: undesignated felony; misdemeanor designation |
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PRIME SPONSOR: Representative Weninger, LD 17 BILL STATUS: Caucus & COW |
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Requires that an undesignated
felony be treated as a misdemeanor for all purposes until the court designates
the offense a felony
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History
If a person is convicted of a qualifying felony, 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. Felonies that qualify for designation as a class one misdemeanor include:
1. Class six felonies not involving a dangerous offense, if the defendant does not have more than one prior felony conviction;
2. Class five felonies involving the ingestion, sale to a minor, or improper transfer of a vapor-releasing substance containing a toxic substance;
3. Class five felonies involving giving a minor a container exclusively containing nitrous oxide, unless the minor is delivering to or accepting delivery for someone else as an employee;
4. Class four felonies involving the possession of certain dangerous drugs without a prior felony conviction.
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. Requires that an undesignated felony be treated as a misdemeanor for all purposes until the court designates the offense a felony (Secs. 1–4).
2. Makes technical changes (Secs. 1–4).
Amendments
Committee on Judiciary
1. Requires that an undesignated felony, other than a class six undesignated felony not involving a dangerous offense and where the defendant does not have more than one prior felony conviction, be treated as a felony until finally designated as a misdemeanor.
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5. Fifty-fourth Legislature HB 2424
6. First Regular Session Version 1: Caucus & COW
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