ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

House: JUD DPA 10-0-0-0

HB 2383: sentencing ranges; minimum; maximum; repeal

Sponsor: Representative Blackman, LD 6

Caucus & COW

Overview

Modifies the sentencing guidelines from five terms (aggravated, maximum, presumptive, minimum and mitigated) to three terms (maximum, presumptive and minimum) for first-time felony offenders and for other specific offenses.

History

Sentences can be increased or decreased based on the presence of aggravating or mitigating factors. The following are the five categories of sentencing, from lowest sentence to highest sentence: mitigated, minimum, presumptive, maximum and aggravated.

Unless a specific sentence is otherwise provided, the term of imprisonment for a first-time felony offender will be the presumptive sentence provided in statute. If at least two mitigating factors or two aggravating factors apply in a case, and they are found beyond a reasonable doubt to be true by the trier of fact or are admitted by the defendant, the court may subsequently increase the maximum or minimum terms of imprisonment to the aggravated or mitigated term. (A.R.S. § 13-702)

Category one, two and three repetitive offenders may have their presumptive sentences aggravated or mitigated within the ranges provided in current statute. To be mitigated or aggravated, at least two mitigated or two aggravating factors must apply. (A.R.S. 13-703)

A person who indecently exposes themselves to another person can have their presumptive sentence mitigated or aggravated. (A.R.S. § 13-1402)

A person who commits public sexual indecency can have their presumptive sentence mitigated or aggravated. (A.R.S. § 13-1403)

A person who commits multiple drug offenses on separate occasions can have their presumptive sentence mitigated or aggravated. (A.R.S. § 13-3419)

Provisions

1. Removes the current minimum and maximum sentencing terms for first-time felony offenders and establishes the current mitigating and aggravating sentencing terms as the minimum and maximum sentences. (Sec. 1)

2. Removes the current minimum and maximum sentencing terms for repetitive felony offenders and establishes the current mitigating and aggravating sentencing terms as the minimum and maximum sentences. (Sec. 3)

3. Removes the current minimum and maximum sentencing terms for a person guilty of indecent exposure and establishes the current mitigating and aggravating sentencing terms as the minimum and maximum sentences. (Sec. 3)

4. Removes the current minimum and maximum sentencing terms for a person guilty of public sexual indecency and establishes the current mitigating and aggravating sentencing terms as the minimum and maximum sentences. (Sec. 4)

5. Removes the current minimum and maximum sentencing terms for a person guilty of multiple separate drug offenses on separate occasions and establishes the current mitigating and aggravating sentencing terms as the minimum and maximum sentences. (Sec. 5)

6. Makes technical and conforming changes. (Sec. 1, 2, 3, 4, 5, 6, 7)

Amendments

Committee on Judiciary

1. Changes the term of a mitigated sentence for a first-time felony offender class 6 felony from a mitigated .33 years to a minimum .25 years.

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5. HB 2383

6. Initials LC/IR Page 0 Caucus & COW

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