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REFERENCE TITLE: sentencing enhancements; drug-free zones |
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State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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SB 1064 |
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Introduced by Senator Kavanagh
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An Act
amending section 13-3411, Arizona Revised Statutes; amending title 13, chapter 34, Arizona Revised Statutes, by adding section 13-3424; relating to sentencing.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-3411, Arizona Revised Statutes, is amended to read:
13-3411. Possession, use, sale or transfer of marijuana, peyote, prescription drugs, dangerous drugs or narcotic drugs or manufacture of dangerous drugs in a drug-free school zone; classification; definitions
A. It is unlawful for a person to do any of the following:
1. Intentionally Knowingly be present in a drug free drug-free school zone to sell or transfer marijuana, peyote, prescription-only drugs, dangerous drugs or narcotic drugs.
2. Possess or use marijuana, peyote, dangerous drugs or narcotic drugs in a drug free drug-free school zone.
3. Manufacture dangerous drugs in a drug free drug-free school zone.
B. A person who violates subsection A of this section is guilty of the same class of felony that the person would otherwise be guilty of had the violation not occurred within a drug free drug-free school zone, except that the presumptive, minimum and maximum sentence shall be increased by one year. The additional sentence imposed under this subsection is in addition to any enhanced punishment that may be applicable under section 13-703, section 13-704, section 13-708, subsection D or any provision in this chapter. A person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except pursuant to section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted.
C. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of this section to pay a fine of not less than two thousand dollars $2,000 or three times the value as determined by the court of the drugs involved in or giving rise to the charge, whichever is greater, and not more than the maximum authorized by chapter 8 of this title. A judge shall not suspend any part or all of the imposition of any fine required by this subsection.
D. Each school district's governing board or its designee, or the chief administrative officer in the case of a nonpublic school, shall place and maintain permanently affixed signs located in a visible manner at the main entrance of each school that identifies the school and its accompanying grounds as a drug free drug-free school zone.
E. The drug free drug-free school zone map prepared pursuant to title 15 shall constitute an official record as to the location and boundaries of each drug free drug-free school zone. The school district's governing board or its designee, or the chief administrative officer in the case of any nonpublic school, shall promptly notify the county attorney of any changes in the location and boundaries of any school property and shall file with the county recorder the original map prepared pursuant to title 15.
F. All school personnel who observe a violation of this section shall immediately report the violation to a school administrator. The administrator shall immediately report the violation to a peace officer. It is unlawful for any school personnel or school administrator to fail to report a violation as prescribed in this section.
G. School personnel having custody or control of school records of a student involved in an alleged violation of this section shall make the records available to a peace officer upon on written request signed by a magistrate. Records disclosed pursuant to this subsection are confidential and may be used only in a judicial or administrative proceeding. A person furnishing records required under this subsection or a person participating in a judicial or administrative proceeding or investigation resulting from the furnishing of records required under this subsection is immune from civil or criminal liability by reason of such action unless the person acted with malice.
H. A person who violates subsection F of this section is guilty of a class 3 misdemeanor.
I. For the purposes of this section:
1. "Drug free drug-free school zone" means the area within three hundred feet of a school or its accompanying grounds, any public property within one thousand feet of a school or its accompanying grounds, a school bus stop or on any school bus or bus contracted to transport pupils to any school.
2. "School" means any public or nonpublic kindergarten program, common school or high school.
Sec. 2. Title 13, chapter 34, Arizona Revised Statutes, is amended by adding section 13-3424, to read:
13-3424. Sale or transfer of marijuana, peyote, prescription drugs, dangerous drugs or narcotic drugs in drug-free neighborhood zone; drug-free neighborhood zone map; classification; definitions
A. It is unlawful for a person to knowingly be present in a drug-free neighborhood zone to sell or transfer marijuana, peyote, prescription-only drugs, dangerous drugs or narcotic drugs.
B. A person who violates subsection A of this section is guilty of the same class of felony that the person would otherwise be guilty of had the violation not occurred within a drug-free neighborhood zone, except that the presumptive, minimum and maximum sentence shall be increased by one year. The additional sentence imposed under this subsection is in addition to any enhanced punishment that may be applicable under section 13-703, section 13-704, section 13-708, subsection D or any provision in this chapter. A person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except pursuant to section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted.
C. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of this section to pay a fine of not less than $2,000 or three times the value as determined by the court of the drugs involved in or giving rise to the charge, whichever is greater, and not more than the maximum authorized by chapter 8 of this title. A judge shall not suspend any part or all of the imposition of any fine required by this subsection.
D. Each drug-free neighborhood zone must have a permanently affixed sign that is located in a visible manner at the main entrance of each drug-free neighborhood zone and that identifies the drug-free neighborhood zone and its accompanying grounds as a drug-free neighborhood zone. A drug-free neighborhood zone may include information regarding the drug-free neighborhood zone boundaries on a sign that identifies the area as a drug-free neighborhood zone in lieu of posting separate drug-free neighborhood zone signs. The following entities may place and maintain the drug-free neighborhood zone signs:
1. If the drug-free neighborhood zone is located in a city or town, the city or town council.
2. If the drug-free neighborhood zone is not located in a city or town, the county board of supervisors.
3. In the case of a nonpublic drug-free neighborhood zone, the chief administrative officer.
E. The entity that places and maintains the sign required by subsection D of this section shall prepare a map of the drug-free neighborhood zone's location and boundaries. The entity shall file the original map with the county recorder and provide a copy to the county attorney. The drug-free neighborhood zone map is the official record as to the location and boundaries of each drug-free neighborhood zone. The entity shall promptly notify the county recorder and county attorney of any changes in the location and boundaries of any drug-free neighborhood zone.
F. For the purposes of this section:
1. "Automated teller machine" has the same meaning prescribed in section 6-101.
2. "Bank" means a bank, credit union or other similar financial institution.
3. "Drug-free neighborhood zone" means the area within three hundred feet of a hospital, a nursing home, a drug treatment center, a mental and behavioral health facility, a public park or the entrance or exit to a bank or an automated teller machine and any of the accompanying grounds of a location listed in this paragraph.
4. "Drug treatment center" means a sober living home, a residential treatment center for substance use disorder, a behavioral HEALTH inpatient facility, a behavioral health residential facility, a substance abuse treatment facility and a hospital or health care facility that provides substance abuse treatment.