HB2820 - 562R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 13-705, Arizona Revised Statutes, is amended to read:

START_STATUTE13-705. Dangerous crimes against children; sentences; definitions

A. A person who is at least eighteen years of age and who is convicted of a dangerous crime against children in the first degree involving drug trafficking homicide, commercial sexual exploitation of a minor or child sex trafficking and the person has previously been convicted of a dangerous crime against children in the first degree shall be sentenced to imprisonment in the custody of the state department of corrections for natural life. A person who is sentenced to natural life is not eligible for commutation, parole, work furlough, work release or release from confinement on any basis for the remainder of the person's natural life.

B. A person who is at least eighteen years of age and who is convicted of a dangerous crime against children in the first degree involving drug trafficking homicide, sexual assault of a minor who is twelve years of age or younger or sexual conduct with a minor who is twelve years of age or younger shall be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the person has served thirty-five years or the sentence is commuted. This subsection does not apply to masturbatory contact.

C. Except as otherwise provided in this section, a person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a dangerous crime against children in the first degree involving attempted first degree murder of a minor who is under twelve years of age, sexual assault of a minor who is under twelve years of age, sexual conduct with a minor who is under twelve years of age or manufacturing methamphetamine under circumstances that cause physical injury to a minor who is under twelve years of age may be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the person has served thirty-five years or the sentence is commuted. If a life sentence is not imposed pursuant to this subsection, the person shall be sentenced to a term of imprisonment as follows:

Minimum Presumptive Maximum

13 years 20 years 27 years

D. Except as otherwise provided in this section, a person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a dangerous crime against children in the first degree involving second degree murder of a minor who is under fifteen years of age may be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the person has served thirty-five years or the sentence is commuted. If a life sentence is not imposed pursuant to this subsection, the person shall be sentenced to a term of imprisonment as follows:

Minimum Presumptive Maximum

25 years 30 years 35 years

E. Except as otherwise provided in this section, a person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a dangerous crime against children in the first degree involving attempted first degree murder of a minor who is twelve, thirteen or fourteen years of age, sexual assault of a minor who is twelve, thirteen or fourteen years of age, taking a child for the purpose of prostitution, child sex trafficking, commercial sexual exploitation of a minor, sexual conduct with a minor who is twelve, thirteen or fourteen years of age or manufacturing methamphetamine under circumstances that cause physical injury to a minor who is twelve, thirteen or fourteen years of age or involving or using minors in drug offenses shall be sentenced to a term of imprisonment as follows:

Minimum Presumptive Maximum

13 years 20 years 27 years

A person who has been previously convicted of one predicate felony shall be sentenced to a term of imprisonment as follows:

Minimum Presumptive Maximum

23 years 30 years 37 years

F. Except as otherwise provided in this section, a person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a dangerous crime against children in the first degree involving aggravated assault, unlawful mutilation, molestation of a child, sexual exploitation of a minor, aggravated luring a minor for sexual exploitation, child abuse or kidnapping shall be sentenced to a term of imprisonment as follows:

Minimum Presumptive Maximum

10 years 17 years 24 years

A person who has been previously convicted of one predicate felony shall be sentenced to a term of imprisonment as follows:

Minimum Presumptive Maximum

21 years 28 years 35 years

G. Except as otherwise provided in this section, if a person is at least eighteen years of age or has been tried as an adult and is convicted of a dangerous crime against children involving luring a minor for sexual exploitation, sexual extortion or unlawful age misrepresentation and is sentenced to a term of imprisonment, the term of imprisonment is as follows and the person is not eligible for release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or is commuted, except that if the person is convicted of unlawful age misrepresentation the person is eligible for release pursuant to section 41-1604.07:

Minimum Presumptive Maximum

5 years 10 years 15 years

A person who has been previously convicted of one predicate felony shall be sentenced to a term of imprisonment as follows and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or is commuted, except that if the person is convicted of unlawful age misrepresentation the person is eligible for release pursuant to section 41-1604.07:

Minimum Presumptive Maximum

8 years 15 years 22 years

H. Except as otherwise provided in this section, if a person is at least eighteen years of age or has been tried as an adult and is convicted of a dangerous crime against children involving sexual abuse or bestiality under section 13-1411, subsection A, paragraph 2 and is sentenced to a term of imprisonment, the term of imprisonment is as follows and the person is not eligible for release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted:

Minimum Presumptive Maximum

2.5 years 5 years 7.5 years

A person who has been previously convicted of one predicate felony shall be sentenced to a term of imprisonment as follows and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted:

Minimum Presumptive Maximum

8 years 15 years 22 years

I. Except as otherwise provided in this section, a person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a dangerous crime against children in the first degree involving continuous sexual abuse of a child shall be sentenced to a term of imprisonment as follows:

Minimum Presumptive Maximum

39 years 60 years 81 years

A person who has been previously convicted of one predicate felony shall be sentenced to a term of imprisonment as follows:

Minimum Presumptive Maximum

69 years 90 years 111 years

J. The presumptive sentences prescribed in subsections C, D, E, and F and I of this section or subsections G and H of this section if the person has previously been convicted of a predicate felony may be increased or decreased pursuant to section 13-701, subsections C, D and E.

K. Except as provided in subsections G, H, M and N of this section, a person who is sentenced for a dangerous crime against children in the first degree pursuant to this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted.

L. A person who is convicted of any dangerous crime against children in the first degree pursuant to subsection C, D, E, or F or I of this section and who has been previously convicted of two or more predicate felonies shall be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the person has served not fewer than thirty-five years or the sentence is commuted.

M. Notwithstanding chapter 10 of this title, a person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a dangerous crime against children in the second degree pursuant to subsection B, C, E, or F or I of this section is guilty of a class 3 felony and if the person is sentenced to a term of imprisonment, the term of imprisonment is as follows and the person is not eligible for release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted:

Minimum Presumptive Maximum

5 years 10 years 15 years

N. A person who is convicted of any dangerous crime against children in the second degree and who has been previously convicted of one or more predicate felonies is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

O. Section 13-704, subsection J and section 13-707, subsection B apply to the determination of prior convictions.

P. The sentence imposed on a person by the court for a dangerous crime against children under subsection H of this section involving sexual abuse may be served concurrently with other sentences if the offense involved only one victim. The sentence imposed on a person for any other dangerous crime against children in the first or second degree shall be consecutive to any other sentence imposed on the person at any time, including sexual abuse of the same victim.

Q. In this section, for purposes of punishment an unborn child shall be treated like a minor who is under twelve years of age.

R. A dangerous crime against children is in the first degree if it is a completed offense and is in the second degree if it is a preparatory offense, except attempted first degree murder is a dangerous crime against children in the first degree.

S. It is not a defense to a dangerous crime against children that the minor is a person posing as a minor or is otherwise fictitious if the defendant knew or had reason to know the purported minor was under fifteen years of age.

T. For the purposes of this section:

1. "Dangerous crime against children" means any of the following that is committed against a minor who is under fifteen years of age:

(a) Second degree murder.

(b) Aggravated assault resulting in serious physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.

(d) Molestation of a child.

(e) Sexual conduct with a minor.

(f) Commercial sexual exploitation of a minor.

(g) Sexual exploitation of a minor.

(h) Child abuse as prescribed in section 13-3623, subsection A, paragraph 1.

(i) Kidnapping.

(j) Sexual abuse.

(k) Taking a child for the purpose of prostitution as prescribed in section 13-3206.

(l) Child sex trafficking as prescribed in section 13-3212.

(m) Involving or using minors in drug offenses.

(n) Continuous sexual abuse of a child.

(o) Attempted first degree murder.

(p) Sex trafficking.

(q) Manufacturing methamphetamine under circumstances that cause physical injury to a minor.

(r) Bestiality as prescribed in section 13-1411, subsection A, paragraph 2.

(s) Luring a minor for sexual exploitation.

(t) Aggravated luring a minor for sexual exploitation.

(u) Unlawful age misrepresentation.

(v) Unlawful mutilation.

(w) Sexual extortion as prescribed in section 13-1428.

(x) drug trafficking homicide.

2. "Predicate felony" means any felony involving child abuse pursuant to section 13-3623, subsection A, paragraph 1, a sexual offense, conduct involving the intentional or knowing infliction of serious physical injury or the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument, or a dangerous crime against children in the first or second degree. END_STATUTE

Sec. 2. Section 13-706, Arizona Revised Statutes, is amended to read:

START_STATUTE13-706. Serious, violent or aggravated offenders; sentencing; life imprisonment; definitions

A. A person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a serious offense except a drug offense, first degree murder or any dangerous crime against children as defined in section 13-705, whether a completed or preparatory offense, and who has previously been convicted of two or more serious offenses not committed on the same occasion shall be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis, except as specifically authorized by section 31-233, subsection A or B, until the person has served at least twenty-five years or the sentence is commuted.

B. Unless a longer term of imprisonment or death is the prescribed penalty and notwithstanding any provision that establishes a shorter term of imprisonment, a person who has been convicted of committing or attempting or conspiring to commit any violent or aggravated felony and who has previously been convicted on separate occasions of two or more violent or aggravated felonies not committed on the same occasion shall be sentenced to imprisonment for life and is not eligible for suspension of sentence, probation, pardon or release on any basis except that the person may be eligible for commutation after the person has served at least thirty-five years.

C. In order for the penalty under subsection B of this section to apply, both of the following must occur:

1. The aggravated or violent felonies that comprise the prior convictions shall have been entered within fifteen years of the conviction for the third offense, not including time spent in custody or on probation for an offense or while the person is an absconder.

2. The sentence for the first aggravated or violent felony conviction shall have been imposed before the conduct occurred that gave rise to the second conviction, and the sentence for the second aggravated or violent felony conviction shall have been imposed before the conduct occurred that gave rise to the third conviction.

D. Chapter 3 of this title applies to all offenses under this section.

E. For the purposes of this section, if a person has been convicted of an offense committed in another jurisdiction that if committed in this state would be a violation or attempted violation of any of the offenses listed in this section and that has the same elements of an offense listed in this section, the offense committed in another jurisdiction is considered an offense committed in this state.

F. For the purposes of this section:

1. "Serious offense" means any of the following offenses if committed in this state or any offense committed outside this state that if committed in this state would constitute one of the following offenses:

(a) First degree murder.

(b) Second degree murder.

(d) Aggravated assault resulting in serious physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.

(e) Sexual assault.

(f) Any dangerous crime against children.

(g) Arson of an occupied structure.

(h) Armed robbery.

(i) Burglary in the first degree.

(j) Kidnapping.

(k) Sexual conduct with a minor under fifteen years of age.

(l) Child sex trafficking.

(m) Drug trafficking homicide.

2. "Violent or aggravated felony" means any of the following offenses:

(a) First degree murder.

(b) Second degree murder.

(c) Aggravated assault resulting in serious physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.

(d) Dangerous or deadly assault by prisoner.

(e) Committing assault with intent to incite to riot or participate in riot.

(f) Drive by shooting.

(g) Discharging a firearm at a residential structure if the structure is occupied.

(h) Kidnapping.

(i) Sexual conduct with a minor that is a class 2 felony.

(j) Sexual assault.

(k) Molestation of a child.

(l) Continuous sexual abuse of a child.

(m) Violent sexual assault.

(n) Burglary in the first degree committed in a residential structure if the structure is occupied.

(o) Arson of an occupied structure.

(p) Arson of an occupied jail or prison facility.

(q) Armed robbery.

(r) Participating in or assisting a criminal syndicate or leading or participating in a criminal street gang.

(s) Terrorism.

(t) Taking a child for the purpose of prostitution.

(u) Child sex trafficking.

(v) Commercial sexual exploitation of a minor.

(w) Sexual exploitation of a minor.

(x) Unlawful introduction of disease or parasite as prescribed by section 13-2912, subsection A, paragraph 2 or 3.

(y) drug trafficking homicide. END_STATUTE

Sec. 3. Title 13, chapter 11, Arizona Revised Statutes, is amended by adding section 13-1106, to read:

START_STATUTE13-1106. Drug trafficking homicide; classification

A. A person commits drug trafficking homicide if all of the following apply:

1. The person sells a dangerous drug under section 13-3407, subsection a, paragraph 7 or sells a narcotic drug under section 13-3408, subsection a, paragraph 7.

2. Injecting, inhaling, absorbing or ingesting the dangerous drug or narcotic drug, either alone or in combination with other dangerous drugs or narcotic drugs, causes the death of the person to whom the drug was sold.

3. The person knows, has reason to know or is criminally negligent as to the identity of the drug.

B. Drug trafficking homicide is a class 1 felony and is punishable as follows:

Minimum Presumptive Maximum

10 calendar years 16 calendar years 25 calendar years

C. A person who is convicted of drug trafficking homicide and who has previously been convicted of drug trafficking homicide or a class 2 or 3 felony involving a dangerous offense shall be sentenced as follows:

Minimum Presumptive Maximum

15 calendar years 20 calendar years 29 calendar years

D. The presumptive term imposed pursuant to subsection B or C of this section may be aggravated or mitigated pursuant to section 13-701, subsections D and E.

E. Notwithstanding subsection B or C of this section, if the victim is under fifteen years of age, drug trafficking homicide is punishable pursuant to section 13-705.END_STATUTE

Sec. 4. Legislative findings and intent

The legislature finds that the department of health services has reported that thousands of Arizonans have lost their lives to opioid overdoses and that fentanyl is a powerful synthetic opioid that is up to fifty times stronger than heroin and one hundred times stronger than morphine. The legislature intends to hold fentanyl dealers fully accountable for these deaths and target the drug traffickers who are responsible for causing these deaths. The legislature does not intend to punish individuals for homicide who possess fentanyl without the intent to sell to others. The legislature further intends that in any prosecution for this offense causation must be proven beyond a reasonable doubt as required by section 13-203, Arizona Revised Statutes.