ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature Second Regular Session

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HB 2021: drug offenses; homicide; sentencing

Sponsor: Representative Nguyen, LD 1

Committee on Judiciary

Overview

Creates the offense drug trafficking homicide and classifies it as a class 1 felony.

History

Arizona's sentencing requirements generally include increased penalties for aggravated offenses, dangerous crimes and dangerous crimes against children. While the presumptive sentence for a person convicted of second degree murder is 16 calendar years in prison, the same offense involving a minor under 12 years of age may be sentenced to life in prison without the eligibility for parole or a presumptive sentence of 20 years in prison at the discretion of the court (A.R.S. §§ 13-710, 705). First degree murder carries a sentence of life imprisonment or the death penalty at the court's discretion (A.R.S. § 13-751). First degree murder of a minor under 12 years old carries a sentence of life imprisonment without the possibility for parole or release or a presumptive sentence of 20 years in prison. The presumptive sentences for these crimes involving a minor under the age of 12 increase based on additional criteria such as previous convictions and other aggravating circumstances (A.R.S. § 13-705).

Provisions

1. Requires an adult convicted of a dangerous crime against children in the first degree involving drug trafficking homicide to be sentenced to imprisonment for natural life and states the person is not eligible for release on any basis. (Sec. 1)

2. Requires an adult convicted of a dangerous crime against children in the first degree involving drug trafficking homicide to be sentenced to life imprisonment and states the person is not eligible for release on any basis, unless authorized by statute, until the person has served 35 years or the sentence is commuted. (Sec. 1)

3. Adds drug trafficking homicide to the list of offenses comprising dangerous crimes against children. (Sec. 1)

4. Classifies drug trafficking homicide as a serious offense and a violent or aggravated felony offense. (Sec. 2)

5. States a person commits drug trafficking homicide if both of the following apply:

a) The person transfers a dangerous drug or narcotic drug to another person and the use of the drug causes the victim's death; and

b) The dangerous drug or narcotic drug transferred to the other person was a contributing cause of the other person's death and the death did not result from a cause not connected to the defendant. (Sec. 3)

6. Specifies the state is not required to prove that the transfer of the dangerous drug or narcotic drug was the sole and immediate cause of the other person's death. (Sec. 3)

7. Specifies it is a rebuttable presumption that the dangerous drug or narcotic drug that the person transferred to the victim was the same dangerous drug or narcotic drug causing the victim's death if the state proves both of the following beyond a reasonable doubt:

a) The person transferred a dangerous drug or narcotic drug to the victim within 24 hours before the victim used the drug; and

b) The victim's death was caused by the same type of drug specified above. (Sec. 3)

8. Classifies drug trafficking homicide as a class 1 felony.

9. Outlines the sentencing guidelines for drug trafficking homicide as follows:

a) If a person has not been previously convicted of drug trafficking homicide or a class 2 or 3 felony involving a dangerous offense:

i. Minimum: 10 years; Presumptive: 16 years; Maximum: 25 years;

b) If a person has been previously convicted of drug trafficking homicide or a class 2 or 3 felony involving a dangerous offense:

i. Minimum: 15 years; Presumptive: 20 years; Maximum: 29 years;

c) Allows the presumptive term to be mitigated or aggravated. (Sec. 3)

10. Entitles this act as the "Ashley Dunn Act". (Sec. 4)

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14.                   HB 2021

15. Initials LC  Page 0 Judiciary

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