Originally assigned to FIN                                                                                            AS PASSED BY HOUSE

Now JUD-related

ARIZONA STATE SENATE

Fifty-Fourth Legislature, First Regular Session

AMENDED

FACT SHEET FOR S.B. 1334

independent functional utility; deduction

(NOW: sentencing; repetitive offenders)

            As passed by the Senate, S.B. 1334 eliminated, from the definition of independent functional utility, the requirement that any attachment to real property be nonpermanent.

            The House of Representatives adopted a strike-everything amendment that does the following:

Purpose

            Prohibits sentencing a non-dangerous offender as a repetitive offender for a person convicted of multiple felony offenses that were not committed on the same occasion and are not historical prior felony convictions.

Background

A defendant must be sentenced as a repeat offender if the person is at least 18 years of age or has been tried as an adult and is convicted of a felony, and has a historical prior felony conviction.

            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 2 or class 3 felonies committed within the past 10 years; 4) convictions for class 4, class 5 or class 6 felonies committed within the past 5 years; 5) all third or subsequent felony convictions; 6) convictions for felonies committed outside the state within the past 5 years; and 7) felony convictions that involved a dangerous offense committed outside the state (A.R.S. § 13-105).

            A person convicted of multiple felony offenses that were not committed on the same occasion but that either are consolidated for trial purposes or are not historical prior felony convictions must be sentenced as a first-time felony offender for the first offense, a category one repeat offender for the second offense and a category two repeat offender for the third and subsequent offenses (A.R.S. § 13-703).

            There's no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Removes the requirement to sentence a defendant who is convicted of multiple felony offenses that were not committed on the same occasion but that either are consolidated for trial or are not historical prior felony convictions as repeat offenses, as outlined.

2. Prohibits a court from sentencing a non-dangerous offender as a repetitive offender unless the defendant was convicted and sentenced for a historical prior felony before committing the present offense.

3. Prohibits a court from sentencing a defendant for the aggregate amount of drugs involved in specified drug possession offenses committed on different occasions that are either consolidated for trial or do not qualify as historical prior felony convictions.

4. Makes technical and conforming changes.

5. Becomes effective on the general effective date.

Amendments Adopted by the House of Representatives

· Adopted the strike-everything amendment relating to historical prior felony convictions.

House Action

WM                 4/1/19       W/D           

APPROP         4/3/19       DPA/SE      10-1-0-0

3^rd Read          5/9/19                          42-16-2

Prepared by Senate Research

May 10, 2019

JA/kja