ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

House: JUD DPA 9-0-0-1

HB 2540: drug offenses; probation; undesignated felony

Sponsor: Representative Carter, LD 8

House Engrossed

Overview

Allows the court to designate specific drug offenses as a felony or misdemeanor depending upon the successful termination of probation.

History

If a person is convicted of a class 6 felony that does not involve a dangerous offense, the court may enter a judgment of a conviction for a class 1 misdemeanor or place the defendant on probation and refrain from designating the offense as a felony or a misdemeanor until the probation is terminated. The offense is treated as a felony for all purposes until the court enters an order designating the offense as a misdemeanor. A person convicted of a class 6 felony and has previously been convicted of two or more felonies is not eligible for the open designation (A.R.S. § 13-604).

A person is guilty of a class 4 felony if the person commits the following offenses:

1) Manufacturing, selling or distributing a misbranded drug (A.R.S. § 13-3406);

2) Possessing or using a dangerous drug, including lysergic acid diethylamide, methamphetamine or amphetamine (A.R.S. § 13-3407); or

3) Possessing or using a narcotic drug (A.R.S. § 13-3408).

Provisions

1. Allows the court, on motion of the state, to place a defendant who manufactured, sold or distributed a misbranded drug on probation and refrain from designating the offense as a felony or misdemeanor until the probation is successfully terminated if the following apply:

a) The person is a first-time felony offender; and

b) The person has not been previously convicted of another specified drug offense. (Sec. 1)

2. Allows the court, on motion of the state, to place a defendant who possessed or used lysergic acid diethylamide, methamphetamine or amphetamine on probation and refrain from designating the offense as a felony or misdemeanor until the probation is successfully terminated if the following apply:

a) The person is a first-time felony offender; and

b) The person has not been previously convicted of another specified drug offense. (Sec. 2)

3. Allows the court, on motion of the state, to place a defendant who possessed or used a narcotic drug on probation and refrain from designating the offense as a felony or misdemeanor until the probation is successfully terminated if the following apply:

a) The person is a first-time felony offender; and

b) The person has not been previously convicted of another specified drug offense. (Sec. 3)

4. Specifies manufacturing, selling or distributing a misbranded drug must be treated as a misdemeanor, with exceptions, until the court enters an order designating the offense a felony. (Sec. 1)

5. Specifies a person who possessed or used lysergic acid diethylamide, methamphetamine or amphetamine or possessed or used a narcotic drug must be treated as a felony for all purposes until the court enters an order designating the offense a misdemeanor. (Sec. 1, 2, 3)

6. Removes language allowing the court, for specified narcotic possession or use offenses, to enter a judgment of conviction for a class 1 misdemeanor and make disposition accordingly. (Sec. 2)

7. Makes technical and conforming corrections. (Sec. 1, 2, 3)

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11. HB 2540

12. Initials LC Page 0 House Engrossed

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