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REFERENCE TITLE: fentanyl; heroin; carfentanil; homicide sentencing |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HB 2779 |
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Introduced by Representative Pratt
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AN ACT
Amending title 13, chapter 11, Arizona Revised Statutes, by adding Section 13-1106; amending section 13-3408, Arizona Revised Statutes; relating to drug offenses.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 11, Arizona Revised Statutes, is amended by adding section 13-1106, to read:
13-1106. Drug trafficking homicide; classification
A. A person commits drug trafficking homicide if the person delivers a dangerous drug in violation of section 13-3407 or a narcotic drug in violation of section 13-3408 and the injection, inhalation, absorption or ingestion of the dangerous drug or narcotic drug causes a person's death.
B. Drug trafficking homicide is a class 1 felony and is punishable as follows:
Minimum Presumptive Maximum
10 calendar years 16 calendar years 25 calendar years
C. Except as provided in section 13-704, a person who is convicted of drug trafficking homicide and who has previously been convicted of drug trafficking homicide or a class 2 or 3 felony involving a dangerous offense shall be sentenced as follows:
Minimum Presumptive Maximum
15 calendar years 20 calendar years 29 calendar years
D. The presumptive term imposed pursuant to subsections B and C of this section may be mitigated or aggravated pursuant to section 13-701, subsections D and E.
Sec. 2. Section 13-3408, Arizona Revised Statutes, is amended to read:
13-3408. Possession, use, administration, acquisition, sale, manufacture or transportation of narcotic drugs; classification
A. A person shall not knowingly:
1. Possess or use a narcotic drug.
2. Possess a narcotic drug for sale.
3. Possess equipment or chemicals, or both, for the purpose of manufacturing a narcotic drug.
4. Manufacture a narcotic drug.
5. Administer a narcotic drug to another person.
6. Obtain or procure the administration of a narcotic drug by fraud, deceit, misrepresentation or subterfuge.
7. Transport for sale, import into this state, offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer a narcotic drug.
B. A person who violates:
1. Subsection A, paragraph 1 of this section is guilty of a class 4 felony.
2. Subsection A, paragraph 2 of this section is guilty of a class 2 felony.
3. Subsection A, paragraph 3 of this section is guilty of a class 3 felony.
4. Subsection A, paragraph 4 of this section is guilty of a class 2 felony.
5. Subsection A, paragraph 5 of this section is guilty of a class 2 felony.
6. Subsection A, paragraph 6 of this section is guilty of a class 3 felony.
7. Subsection A, paragraph 7 of this section is guilty of a class 2 felony.
C. Except as provided in subsection E of this section, a person who is convicted of a violation of subsection A, paragraph 1, 3 or 6 of this section and who has not previously been convicted of any felony or who has not been sentenced pursuant to section 13-703, section 13-704, subsection A, B, C, D or E, section 13-706, subsection A, section 13-708, subsection D or any other provision of law making the convicted person ineligible for probation is eligible for probation.
D. Except as provided in subsection E of this section, if the aggregate amount of narcotic drugs involved in one offense or all of the offenses that are consolidated for trial equals or exceeds the statutory threshold amount, a person who is convicted of a violation of subsection A, paragraph 2, 5 or 7 of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.
E. If a person is convicted of a violation of subsection A, paragraph 2, 3, 4, 5 or 7 of this section and the drug involved is fentanyl, heroin, carfentanil or a fentanyl mimetic substance, the person shall be sentenced as follows:
Minimum Presumptive Maximum
5 calendar years 10 calendar years 15 calendar years
A person who has previously been convicted of a violation of subsection A, paragraph 2, 3, 4, 5 or 7 of this section involving fentanyl, heroin, carfentanil or a fentanyl mimetic substance shall be sentenced as follows:
Minimum Presumptive Maximum
10 calendar years 15 calendar years 20 calendar years
E. F. A person who is convicted of a violation of subsection A, paragraph 4 of this section or subsection A, paragraph 2, 3, 5 or 7 of this section involving fentanyl, heroin, carfentanil or a fentanyl mimetic substance is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.
F. G. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of this section to pay a fine of not less than two thousand dollars $2,000 or three times the value as determined by the court of the narcotic drugs involved in or giving rise to the charge, whichever is greater, and not more than the maximum authorized by chapter 8 of this title. A judge shall not suspend any part or all of the imposition of any fine required by this subsection.
G. H. A person who is convicted of a violation of this section for which probation or release before the expiration of the sentence imposed by the court is authorized is prohibited from using any marijuana, dangerous drug, narcotic drug or prescription-only drug except as lawfully administered by a health care practitioner and as a condition of any probation or release shall be required to submit to drug testing administered under the supervision of the probation department of the county or the state department of corrections, as appropriate, during the duration of the term of probation or before the expiration of the sentence imposed.
H. I. If a person who is convicted of a violation of this section is granted probation, the court shall order that as a condition of probation the person perform not less than three hundred sixty hours of community restitution with an agency or organization that provides counseling, rehabilitation or treatment for alcohol or drug abuse, an agency or organization that provides medical treatment to persons who abuse controlled substances, an agency or organization that serves persons who are victims of crime or any other appropriate agency or organization.