 |
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
fentanyl sales; manufacture; sentencing; testing
Purpose
Establishes specific sentencing ranges for persons convicted of possession of a narcotic drug for sale, the possession of equipment or chemicals for the purpose of manufacturing a narcotic drug, manufacture of a narcotic drug or the transportation for sale of a narcotic drug if the offense involves a single unit dose that contains two or more milligrams of fentanyl. Establishes and defines a drug-free neighborhood zone and outlines penalties and fines associated with violations of selling or transferring fentanyl in a zone.
Background
A person is guilty of a class 2 felony if they knowingly possess a
narcotic drug for sale, knowingly manufacture a narcotic drug, or knowingly
transport a narcotic drug for sale. A person is guilty of a class 3 felony if
they knowingly possess equipment or chemicals, or both, for the purpose if
manufacturing a narcotic drug. A class 2 felony for a non-dangerous offense
carries a minimum sentence of 4 years, presumptive sentence of 5 years and a
maximum sentence of
10 years. A class 2 felony for a non-dangerous, repetitive offense carries a
minimum sentence of 6 years, presumptive sentence of 9.25 years and a maximum
sentence of 18.5 years (A.R.S.
§§ 13-702;
13-703
and 13-3408).
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 that the person 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 Joint Legislative Budget Committee estimates that H.B. 2802 would increase costs for the Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR) by extending the time individuals convicted of crimes serve in state prison, thereby increasing the total prison population. In the short term, ADCRR would have additional marginal costs, such as food and laundry, of $2.3 million beginning in FY 2026 and increasing to $6.9 million in FY 2033 and every year thereafter. Additionally, ADCRR estimates that when fully phased-in in FY 2033, the bill would increase the ADCRR population by a total of 3,200 inmates, which may require additional staffing. The Arizona Administrative Office of the Courts believes the bill would likely create more trials and increase court costs and potentially require additional prosecutors and judges but did not estimate a specific impact (JLBC fiscal note).
Provisions
Fentanyl Offenses
1. Establishes a specific sentencing range for a person convicted of a first offense for the possession of a narcotic drug for sale, the possession of equipment or chemicals for the purpose of manufacturing a narcotic drug, manufacture of a narcotic drug or the transportation for sale of a narcotic drug if the offense involves a single unit dose that contains two or more milligrams of fentanyl as follows:
a) minimum, five calendar years;
b) presumptive, 10 calendar years; and
c) maximum, 15 calendar years.
2. Establishes a specific sentencing range for a person convicted of a repetitive offense for the possession of a narcotic drug for sale, the possession of equipment or chemicals for the purpose of manufacturing a narcotic drug, manufacture of a narcotic drug or the transportation for sale of a narcotic drug if the offense involves a single unit dose that contains two or more milligrams of fentanyl as follows:
a) minimum, 10 calendar years;
b) presumptive, 15 calendar years; and
c) maximum, 20 calendar years.
3. Specifies that a person is not eligible for suspension of sentence, probation, pardon or release from confinement if the person is convicted of the possession of a narcotic drug for sale, the possession of equipment or chemicals for the purpose of manufacturing a narcotic drug, manufacture of a narcotic drug or the transportation for sale of a narcotic drug and the drug involved is a single unit dose that contains two or more milligrams of fentanyl.
4. Exempts a person who is convicted of transportation of fentanyl for sale from increased sentencing ranges if the violation involved the transfer or offer to transfer a single unit dose of fentanyl.
Drug-Free Neighborhood Zones
5. Deems it unlawful for a person to knowingly be present in a drug-free neighborhood zone to sell or transfer fentanyl.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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 at all intersections within 300 feet of the zone measured by a straight line in all directions that identifies the area as being a drug-free neighborhood zone and the accompanying grounds as such.
12. Allows a zone to include information regarding the zone boundaries on a sign that identifies the area as a drug-free neighborhood zone
13. 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.
14. 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.
15. 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 1,320 feet of the zone.
16. Requires the map of the locations and boundaries of a zone to be posted to the website of the entity that places and maintains the zone's signs.
17. 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.
18. 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.
19. Defines a drug treatment center as 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.
20. 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.
Miscellaneous
21. Makes technical and conforming changes
22. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Specifies that a single unit dose of fentanyl must contain two or more milligrams of fentanyl in order for a person to be subject to increased sentencing if convicted of possession of fentanyl for sale, fentanyl manufacture, possession of fentanyl manufacturing equipment or transportation of fentanyl for sale.
2. Exempts a person convicted of transportation of fentanyl for sale from increased sentencing if the violation involved the transfer or offer to transfer a single unit dose of fentanyl.
Amendments Adopted by Conference Committee
1. Removes the requirement for law enforcement that confiscates fentanyl during an investigation of a narcotics offense involving fentanyl to submit a sample of the fentanyl to an accredited crime laboratory for testing.
2. Makes it unlawful to knowingly be present in a drug-free neighborhood zone to sell or transfer fentanyl.
3. Adds provisions relating to the establishment of drug-free neighborhood zones and penalties associated with selling fentanyl in drug-free neighborhood zones.
House Action Senate Action
JUD 2/15/23 DP 5-3-0-0 JUD 3/23/23 DP 4-3-0
3rd Read 3/1/23 31-28-1
Prepared by Senate Research
June 13, 2023
ZD/KS/sr