ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

HB 2355: second degree murder; sentencing

Sponsor: Representative Biasiucci, LD 5

Committee on Judiciary

Overview

Modifies the sentencing guidelines for a person convicted of second degree murder of a minor under the age of 15.

History

Under current law, a dangerous crime against children includes the following if committed against a minor who is under 15 years of age: 1) second degree murder; 2) sexual assault; 3) sexual conduct with a minor; 4) kidnapping; 5) attempted first degree murder; 6) child prostitution; 7) involving or using minors in drug offenses; 8) sex trafficking; 9) aggravated assault; 10) molestation of a child; 11) commercial and non-commercial sexual exploitation of a minor or luring a minor for sexual exploitation; 12) child abuse; 13) unlawful mutilation; 14) bestiality, under certain conditions; and 15) unlawful age misrepresentation. Dangerous crimes against children are classified as class 3 felonies. Statute outlines specific sentences for dangerous crimes against children that range from 5 years to life in prison, depending on the conditions of the offense and the age of the victim (A.R.S. § 13-705).

If a person is convicted of a dangerous crime against children involving second degree murder and does not receive a sentence of life imprisonment, the person must be sentenced as follows: Minimum: 13 years; Presumptive: 20 years; Maximum: 27 years (A.R.S. § 13-705).

Provisions

1. States an adult, or person who was tried as an adult, who is convicted of a dangerous crime against children in the first degree involving second degree murder of a minor under the age of 15 may be sentenced to life imprisonment. (Sec. 1)

2. If a person is sentenced to life imprisonment for the above offense, 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.

3. Specifies that if a life sentence is not imposed, the person must be sentenced to a term of imprisonment as follows:

a) Minimum: 25 years;

b) Presumptive: 30 years; or

c) Maximum: 35 years. (Sec. 1)

4. Makes technical and conforming changes. (Sec. 1, 2, 3, 4, 5, 6)

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8. HB 2355

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