ARIZONA
HOUSE OF REPRESENTATIVES
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SB 1334: NOW: sentencing; repetitive offenders |
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PRIME SPONSOR: Senator Mesnard, LD 17 BILL STATUS: Transmitted to Governor |
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Prohibits a court from
sentencing a non-dangerous offender as 
a category one or two repetitive offender on
the basis of a historical prior felony conviction unless the conviction
occurred before the date of the current offense.
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, 13-704, 13-706).
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)).
The sentencing ranges for repetitive dangerous offenders are independent of the sentencing ranges for basic repetitive offenders and are contained in a different section of statute (A.R.S. § 13-704).
A dangerous offense is an offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person (A.R.S. § 13-105(13)).
Provisions
1. Requires the court, in determining the appropriate sentence, to consider whether the defendant has previously received probation services or services from the Arizona Department of Corrections for a felony offense (Sec. 1).
2.
Prohibits a court from
sentencing a non-dangerous offender as 
a category one or two repetitive offender
on the basis of a historical prior felony conviction unless the conviction
occurred before the date of the current offense (Sec. 2).
3. Makes conforming changes (Secs. 1–2).
4.
5.
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7. Fifty-fourth Legislature SB 1334
8. First Regular Session Version 4: Transmitted
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