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ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth Legislature First Regular Session |
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HB 2779: fentanyl; heroin; carfentanil; homicide sentencing
Sponsor: Representative Pratt, LD 8
Committee on Judiciary
Overview
Modifies sentencing for offenses involving heroin, fentanyl, carfentanil or fentanyl mimetic substances.
History
Current statute outlines drug offenses and sentencing parameters for violations. There are several categories of drugs, including narcotic drugs, dangerous drugs, prescription-only drugs and marijuana. These categories are defined in (A.R.S. § 13-3401).
Title 13 makes it illegal to do any of the following knowingly with a narcotic drug:
1) Possess or use;
2) Possess for sale;
3) Possess equipment or chemicals for manufacturing;
4) Manufacture;
5) Administer to another person;
6) Obtain or procure the administration by fraud; or
7) Transport for sale (A.R.S. § 13-3408).
Statute outlines penalties for the possession, use, sale, manufacture or transportation of a dangerous drug (A.R.S. § 13-3407). Various penalties are provided, including an enhanced sentence if the offense involved the sale, transport for sale or manufacture of methamphetamines or possession of equipment to make methamphetamines. The presumptive term is 10 years, 15 years if the person has a previous conviction for the same offense involving methamphetamines. Additionally, the person is not eligible for sentence suspension, pardon or release until specific conditions are met.
Provisions
1. States a person commits drug trafficking homicide if the person delivers a dangerous or narcotic drug to another person and the use of the drug causes the person's death. (Sec. 1)
2. Establishes drug trafficking homicide as a class 1 felony and outlines the sentencing ranges for the offense. (Sec. 1)
3. Provides an enhanced sentence for a person who is convicted of any of the following offenses involving heroin, fentanyl, carfentanil or fentanyl mimetic substances:
a) Possession for sale;
b) Possession of equipment or chemicals for manufacturing;
c) Manufacturing;
d) Administering a narcotic drug to another person; or
e) Transport for sale. (Sec. 2)
4. Adds a sentencing minimum of 5 years, a presumptive of 10 years and a maximum of 15 years for the first offense involving fentanyl, heroin, carfentanil or a fentanyl mimetic substance. (Sec 2)
5. Requires that a person who was previously convicted must have a minimum sentence of 10 years, a presumptive of 15 years and a maximum sentence of 20 years. (Sec 1)
6. States that unless specific conditions are met, a person convicted of the below offenses involving heroin, fentanyl, carfentanil or fentanyl mimetic substances are ineligible for probation, pardon, sentence suspension or release:
a) Possession for sale;
b) Possession of equipment or chemicals for manufacturing;
c) Administering a narcotic drug to another person; or
d) Transport for sale. (Sec 2)
7. Contains technical and conforming changes. (Sec 2)
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HB 2779
Initials LC Page 0 Judiciary
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