ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

HB 2234: sentencing; aggravating circumstances

Sponsor: Representative Allen J, LD 15

Committee on Judiciary

Overview

Requires the court or trier of fact to prove at least two aggravating circumstances before alleging any other factor relevant to the defendant's character, background or nature of the crime when determining a sentence of imprisonment for a felony.

History

Current law states a sentence of imprisonment for a felony must be a definite term of years. The maximum or minimum terms may only be imposed if one or more of the aggravating or mitigating circumstances are found to be true by the trier of fact or court, including any factors relevant to the defendant's character, background or nature or circumstances of the crime. (A.R.S. § 13-701)

In determining the sentence to impose, the court will take into account the amount of aggravating circumstances and whether the amount of mitigating circumstances is sufficient to justify a lesser term. If the trier of fact finds aggravating circumstances, and the court does not find any mitigating circumstances, the court shall impose an aggravated sentence. (A.R.S. § 13-701)

Trier of fact means a jury unless the defendant and the state waive a jury, in which case the trier of fact means the court. (A.R.S. § 13-701)

Provisions

1. Specifies that the court or trier of fact must prove at least two aggravating circumstances before alleging any other factor relevant to the defendant's character, background or nature or circumstances of the crime when determining a sentence of imprisonment for a felony. (Sec. 1)

2. Contains technical corrections. (Sec. 1)

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6. Initials LC Judiciary

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