ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature First Regular Session
	House: CJR DPA 9-0-0-0

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HB 2162: undesignated offenses; misdemeanor status; exceptions

Sponsor:  Representative Blackman, LD 6

Caucus & COW

Overview

Requires that an undesignated felony be treated as a misdemeanor for all purposes until the court designates the offense a felony.

History

If a person is convicted of a class six felony not involving a dangerous offense and does not have more than one prior felony conviction, the court may enter judgment as a class one misdemeanor or may refrain from designating the offense until the defendant completes probation (A.R.S. §§ 13-604(A), 13-3403(G), 13-3403.01(B)(2), 13-3407(B)(1)). Upon successful completion of probation, the court may then designate the felony as a class one misdemeanor.

An undesignated felony is generally treated as a felony for all purposes until the court designates the offense a misdemeanor, but a qualifying class six felony can be designated a class one misdemeanor by the prosecutor (A.R.S. § 13-604(B)).

Provisions

1. Requires that an undesignated felony be treated as a misdemeanor for all purposes until the court designates the offense a felony. (Sec. 1)

2. States until the court actually enters an order designating the offense as a misdemeanor, the offense will be treated as a felony conviction for all the following purposes:

a) Placing the defendant on felony probation;

b) Determining the defendant's right to possess a firearm;

c) Being used as a historical prior felony conviction;

d) Being admissible for impeachment purposes in another trial; and

e) Being used to enhance a sentence if the defendant commits another felony offense while on probation. (Sec. 1)

3. Requires the court to designate the undesignated offense as a misdemeanor upon the successful completion of probation, provided the defendant has paid all victim restitution and has not willfully failed to pay other monetary obligations. (Sec. 1)

4. Makes conforming changes. (Sec. 1)

Amendment

Committee on Criminal Justice Reform

1. Adds the offense may be treated as a felony if the person commits a felony while on any type of release.

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                        HB 2162

Initials LC        Page 0 Caucus & COW

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