ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: JUD DP 5-3-1-0

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HB 2437: drug-free homeless zones

Sponsor: Representative Gress, LD 4

House Engrossed

Overview

Creates enhanced penalties for selling or transferring drugs within drug-free homeless service zones.

History

Pursuant to A.R.S. § 13-3411, it is unlawful for a person to intentionally be present in a drug-free school zone to transfer marijuana, peyote, prescription-only drugs, dangerous drugs or narcotic drugs. An individual who violates these restrictions is to be sentenced to one year in prison more than he otherwise would be. Drug free school zones are required to have a permanently affixed sign at the entrance of the school, identifying the school and its accompanying grounds as a drug free school zone.

Provisions

1.   Makes it unlawful for a person to intentionally be present in a drug-free homeless service zone, with the intent of transferring dangerous and narcotic drugs. (Sec. 1)

2.   Makes it unlawful for an operator or an employee of a facility-based service to knowingly allow the possession or use of dangerous or narcotic drugs in the drug-free homeless zone. (Sec. 1)

3.   Classifies an offense as the same class of felony had the person committed the offense outside of a drug-free homeless service zone, but with an enhanced sentence of one additional year. (Sec. 1)

4.   Stipulates that such an offender is not eligible for suspension of sentence, probation, pardon or release 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. (Sec. 1)

5.   Requires the court to order a person convicted of a violation in a drug-free zone to pay a minimum fine of $2,000 or three times the value of the drugs involved in the offense, whichever is greater, up to the maximum fine of $150,000 for felony offences. (Sec. 1)

6.   Outlines requirements for drug-free facilities to place and maintain permanently affixed signs on their premises identifying them as drug-free locations. (Sec. 1)

7.   Specifies that this Act does not apply to any prescription drugs. (Sec. 1)

8.   Defines the terms drug-free homeless service zone and homeless individual. (Sec. 1)

 

 

 

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                        HB 2437

Initials NM/DC         Page 0 House Engrossed

 

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