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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
death penalty; repeal
Purpose
Repeals the ability of the state to seek the death penalty in capital sentencing.
Background
The use of the death penalty in capital sentencing is currently permitted in Arizona. Under the Arizona Constitution, executions are performed by lethal injection. Inmates sentenced prior to November 23, 1992 may choose lethal injection or lethal gas (Ariz. Const. art. 22. § 22). A defendant convicted of first-degree murder is eligible for the death penalty if the existence of at least one statutorily enumerated aggravating circumstance exists and there are no mitigating circumstances sufficiently substantial to call for leniency (A.R.S. § 13-751). Pursuant to the decision in Ring v. Arizona, 536 U.S. 584 (2002), the imposition of the death penalty, as well as the existence of aggravating and mitigating circumstances, must be determined by a jury. If aggravating circumstances exist, the jury enters the penalty phase of the trial, considers any mitigating circumstances and determines whether the death penalty should be imposed. A jury must come to a unanimous verdict when determining whether an aggravating circumstance has been proven and whether the death penalty is the appropriate sentence (A.R.S. § 13-752).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Repeals the ability of the state to seek the death penalty in capital sentencing.
2. Repeals statutes relating to the death penalty, including aggravating factors, exceptions and procedural requirements, and makes conforming changes as necessary.
3. Specifies, as necessary, when a sentence of natural life in prison may be sought in place of the death penalty.
4. Specifies that the victim has a right to be present at a sentencing hearing for natural life and to present information as outlined.
5. Makes technical changes.
6. Becomes effective on the general effective date.
Prepared by Senate Research
February 14, 2023
ZD/sr