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REFERENCE TITLE: criminal law; purpose |
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State of Arizona Senate Fifty-fourth Legislature First Regular Session 2019
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SB 1421 |
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Introduced by Senators Quezada: Dalessandro, Mendez, Peshlakai, Rios; Representative Andrade
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AN ACT
amending sections 13‑101 and 13‑101.01, Arizona Revised Statutes; relating to the purpose of the criminal law.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-101, Arizona Revised Statutes, is amended to read:
13-101. Purposes
It is declared that the public policy of this state and the general purposes of the provisions of this title are:
1. To proscribe conduct that unjustifiably and inexcusably causes or threatens substantial harm to individual or public interests;
2. To give fair warning of the nature of the conduct proscribed and of the sentences authorized upon on conviction;
3. To define the act or omission and the accompanying mental state which that constitute each offense and limit the condemnation of conduct as criminal when it does not fall within the purposes set forth;
4. To differentiate on reasonable grounds between serious and minor offenses and to prescribe proportionate penalties for each;
5. To insure ensure the public safety by preventing the commission of offenses through the deterrent influence of the sentences authorized;
6. To impose just and deserved punishment on those whose conduct threatens the public peace. ; and
7. To promote truth and accountability in sentencing; and .
8. To make the victim and community whole through the application of restorative justice principles while holding the offender accountable through rehabilitative means, which fosters reconciliation and ensures the safety of the community.
Sec. 2. Section 13-101.01, Arizona Revised Statutes, is amended to read:
13-101.01. Additional purposes of the criminal law
In order to preserve and protect the rights of crime victims to justice and the right of the people to safety, it is a fundamental purpose of the criminal law to ensure that the government's response to criminal conduct is focused on effective means to ensure public safety, including the application of restorative justice principles whenever possible, but when restorative justice principles cannot be applied, the government shall identify and remove from society persons whose conduct continues to threaten public safety through the commission of violent or aggravated felonies after having been convicted twice previously of violent or aggravated felony offenses.