ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature First Regular Session

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HB 2673: mandatory minimum sentences; judicial discretion

Sponsor:  Representative John, LD 4

Committee on Criminal Justice Reform

Overview

Allows the court to depart from imposing a mandatory prison sentence and allows the court to impose a shorter prison sentence or term of probation when sentencing a defendant.

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)

Provisions

1. Authorizes the court to depart from imposing a mandatory prison sentence and allows the court to impose a shorter prison sentence or term of probation when sentencing a defendant if the following conditions apply:

a) The mandatory prison sentence would be an injustice to the defendant;

b) The mandatory prison sentence is not necessary for the protection of the public; and

c) The defendant is not convicted of a serious, dangerous or other related offense. (Sec. 1)

2. Requires the court to explain on the record the reason for departing from a mandatory prison sentence. (Sec. 1)

3. Requires the court to submit an annual report to the Arizona Criminal Justice Commission (ACJC) detailing the cases in which the court departed from a mandatory prison sentence. (Sec. 1)

4. Requires ACJC to determine and notify the State Treasurer annually of the cost savings from mandatory prison sentence departures. (Sec. 1)

5. States this act may be cited as the Arizona Judicial Discretion Act. (Sec. 2)

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9.                   HB 2673

10. Initials LC  Page 0 Criminal Justice Reform

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