ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

House: JUD DP 5-4-0-0

HB 2820: drug trafficking homicide; sentencing

Sponsor: Representative Nguyen, LD 1

Caucus & COW

Overview

Establishes drug trafficking homicide as a class 1 felony offense and prescribes special sentencing ranges and enhancements that may apply in certain circumstances.

History

The criminal code currently includes four types of homicide offenses:

1)   first degree murder (A.R.S. § 13-1105);

2)   second degree murder (A.R.S. § 13-1104);

3)   manslaughter (A.R.S. § 13-1103); and

4)   negligent homicide (A.R.S. § 13-1102).

The criminal code also outlines certain criminal offenses and sentencing classifications specific to different types of drugs. Two of these drug categories are dangerous drugs and narcotic drugs, both of which are defined to encompass a detailed list of materials, compounds, mixtures or preparations containing various substances or derivatives. Examples of dangerous drugs include mescaline, methamphetamine and phencyclidine (PCP), while examples of narcotic drugs include cocaine, fentanyl and heroin (A.R.S. § 13-3401).

Criminal offenses relating to dangerous drugs and narcotic drugs are prescribed in A.R.S. §§ 13-3407 and 13-3408, respectively, and while there are distinctions, both statutes largely mirror each other as to the core offenses. Under subsection A, paragraph 7 of both statutes, it is a class 2 felony offense to knowingly transport for sale, import into Arizona, offer to transport for sale or import into Arizona, sell, transfer or offer to sell or transfer a dangerous drug or a narcotic drug. For these purposes, sale (or sell) means an exchange for anything of value or advantage, present or prospective (A.R.S. § 13-3401).

Current law also provides for enhanced sentencing for various recognized categories of offenses, including crimes that fall within the definitions of a dangerous offense (A.R.S. § 13-105), a dangerous crime against children (DCAC) (A.R.S. § 13-705), a serious offense or a violent or aggravated felony (A.R.S. § 13-706). The applicable term of imprisonment for an offense may also be aggravated or mitigated if certain other circumstances are found to be present (A.R.S. § 13-701).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteAdds drug trafficking homicide as a new homicide offense in the criminal code, which a person commits if all of the following circumstances are met:

a)   the person sells a dangerous drug under A.R.S. § 13-3407, subsection A, paragraph 7 or sells a narcotic drug under A.R.S. § 13-3408, subsection A, paragraph 7;

b)   injecting, inhaling, absorbing or ingesting a 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; and

c) the person knows, has reason to know or is criminally negligent as to the identity of the drug. (Sec. 3)

2.   Classifies drug trafficking homicide as a class 1 felony carrying a 10-25 year prison sentence (16 year presumptive), unless the convicted person has previously been convicted of drug trafficking homicide or a class 2 or 3 felony involving a dangerous offense, in which case the offense carries a 15-29 year prison sentence (20 year presumptive). (Sec. 3)

3.   Permits the presumptive prison terms above to be aggravated or mitigated under A.R.S. § 13-701. (Sec. 3)

4.   Specifies that drug trafficking homicide is punishable as a DCAC if the victim is under 15 years old. (Sec. 1, 3)

5.   Adds drug trafficking homicide to the list of offenses currently included in the definitions of a serious offense and a violent or aggravated felony. (Sec. 2)

6.   Includes a serious offense that is also a drug offense as an offense that, upon conviction and if other circumstances are met, requires a person to be sentenced to 25 years to life imprisonment. (Sec. 2)

7.   States legislative findings and intent. (Sec. 4)

8.   Makes technical changes. (Sec. 1)

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12.                    HB 2820

13.  Initials JL Page 0 Caucus & COW

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