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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
sentencing enhancements; drug-free zones
Purpose
Establishes and defines a drug-free neighborhood zone and outlines penalties and fines associated with violations of selling or transferring fentanyl in a zone. Outlines requirements for establishing the location and boundaries of a zone and where signs must be placed to notify the public of the zone. Modifies the culpable mental state a person must have in order to commit the crime of selling or transferring drugs in a drug-free school zone.
Background
It is unlawful for a person to intentionally be present in a drug-free school zone to sell or transfer marijuana, peyote, prescription-only drugs, dangerous drugs or narcotic drugs, to possess or use the prescribed drugs, or to manufacture these drugs in a drug-free school zone. A person who commits a prescribed offense is guilty of the same class of felony they would be guilty of had the offense occurred outside of the drug-free school zone, except that the presumptive, minimum and maximum sentence must be increased by one year. In addition to any other penalty, the court must order a person who is convicted of a violation in a drug-free school zone to pay a fine of not less than $2,000 or three times the amount of the value of the drug involved in the offense, whichever is greater, as determined by the court. A judge may not suspend any part or all of the fine (A.R.S. § 13-3411).
The court must order a person who commits a narcotic drug offense outside of a drug-free school zone to pay a fine of not less than $2,000 or three times the value of the narcotic drugs involved in the offense, whichever is greater, as determined by the court, in addition to any other penalty. The judge may not suspend any part or all of the fine. The court must order a person who is guilty of committing a dangerous drug offense outside of a drug-free school zone to pay a fine of not less than $1,000 or three times the value of the dangerous drugs involved in the offense, whichever is greater, as determined by the court, in addition to any other penalty. A judge may not suspend any part or all of the fine. The court must order a person who possesses for sale or transports for the sale of marijuana outside of a drug-free school zone to pay a fine of not less than $750 or three times the value of the marijuana involved in the offense, whichever is greater, as determined by the court, in addition to any other penalty. A judge may not suspend any part or all of the fine (A.R.S. §§ 13-3405; 13-3407; and 13-3408 ).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Deems it unlawful for a person to knowingly be present in a drug-free neighborhood zone to sell or transfer fentanyl.
2. Defines a drug-free neighborhood zone as the area within 300 feet of a hospital, a nursing home, a drug treatment center, a mental and behavioral health facility, a public park and any of the accompanying grounds of the aforementioned locations.
3. Classifies an offense as the same class of felony had the person committed the offense outside of a drug-free neighborhood zone and increases the sentence when an offense is committed in a drug-free neighborhood zone by one year for the presumptive, minimum, and maximum sentence.
4. Specifies that the sentence imposed for an offense committed in a drug-free neighborhood zone is in addition to any other enhanced punishment that may be applicable to repeat or dangerous offenders.
5. Requires the court to order a person convicted of a violation in a drug-free neighborhood zone to pay a minimum fine of $2,000 or three times the value of the drugs involved in the offense, whichever is greater, and not exceeding the maximum fine of $150,000 for felony classifications, and prohibits a judge from suspending any part or all of the fine.
6. Stipulates that a person who commits a prohibited drug offense as outlined in a drug-free neighborhood zone is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the sentence imposed by the court has been served or commuted, except for temporary removal from confinement for work not to exceed one day or for compassionate leave.
7. Requires each drug-free neighborhood zone to have a permanent sign that is located in a visible manner in each drug-free neighborhood zone and its accompanying grounds that identifies the area as being a drug-free neighborhood zone.
8. Requires each drug-free neighborhood zone to have a permanently affixed sign that identifies an area as a drug-free neighborhood zone at all intersections within 300 feet of the zone measured by a straight line in all directions.
9. Outlines entities who are required to place and maintain drug-free neighborhood zone signs as:
a) the city or town council, if the zone is located in a city or town; and
b) the county board of supervisors, if the zone is not located in a city or town.
10. Requires the entity that places and maintains a zone's signs to mail a notice providing a map with the locations and boundaries of the zone to each single-family home and multi-family residential unit resident within the zone, or within 1320 feet of the zone.
11. Allows the prescribed entities to include information regarding the zone boundaries on a sign that identifies the area as a drug-free neighborhood zone.
12. Requires the entity that places a drug-free neighborhood zone sign to prepare a map of the zone's location and boundaries and to file the original map with the county recorder and provide a copy to the county attorney, and keep the county recorder and county attorney updated with any changes made to the location and boundaries of the drug-free neighborhood zone.
13. Requires the map of the locations and boundaries of a zone to be posted to the entity's website that places and maintains the zone's signs.
14. Provides that the drug-free neighborhood zone map submitted to the county recorder is the official record of the location and boundaries of the zone.
15. Modifies, from intentionally to knowingly, the culpable mental state a person must have to be charged with a violation of being present in a drug-free school zone to sell or transfer marijuana, peyote, prescription-only drugs, dangerous drugs or narcotic drugs.
16. Defines a drug treatment center as, residential treatment center for substance use disorder, a behavioral health inpatient facility, behavioral health residential facility, a substance abuse treatment facility and a hospital or health care facility that provides substance abuse treatment.
17. Defines permanently affixed sign as a dual color sign that is at least 18 inches by 24 inches and has capitalized letters of at least 200-point font.
18. Makes technical and conforming changes.
19. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Deems it unlawful for a person to knowingly be present in a drug-free neighborhood zone to sell or transfer fentanyl, rather than marijuana, peyote, prescription-only drugs, dangerous drugs or narcotics.
2. Requires each drug-free neighborhood zone to have a permanently affixed sign in a visible manner within the zone, rather than at the main entrance, that identifies the area and accompanying grounds as a drug-free neighborhood zone.
4. Removes the ability of a sign that shows the boundaries and locations of the zone to be placed in lieu of separate signs.
5. Requires, rather than allows, entities as outlined to place and maintain the drug-free neighborhood zone signs.
6. Requires an entity that places and maintains a zone's signs to mail a notice providing a map with the locations and boundaries of the zone to each single-family home and multi-family residential unit resident within the zone, or within 1320 feet of the zone.
8. Removes the area within 300 feet of the entrance or exit to a bank or automated teller machine as being part of a drug-free neighborhood zone.
9. Removes the definition of a bank and automated teller machine.
11. Specifies in the definition of drug-free neighborhood zone that the area of the drug-free neighborhood zone is designated with a permanently affixed sign.
12. Removes a sober living home from the definition of a drug treatment center and subsequently from the definition of a drug-free neighborhood zone.
Senate Action
JUD 2/16/23 6-1-0 DPA
Prepared by Senate Research
February 17, 2023
ZD/KS/sr