ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session
	House: JUD DP 6-0-3-0

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HB 2607: fentanyl; motor vehicle; sentencing

Sponsor: Representative Nguyen, LD 1

Caucus & COW

Overview

Introduces mandatory enhanced sentencing for possessing at least 200 grams of fentanyl in a motor vehicle.

History

Under A.R.S. § 13-3408, if a person possesses or uses a narcotic drug, he is guilty of a class 4 felony. If a person possesses or transports a narcotic drug for sale, he is guilty of a class 2 felony. If a person possesses or transports more than 200 grams of fentanyl for sale, for a first offence he is to be sentenced according to the following enhanced sentencing schema:

1) minimum sentence of 5 years;

2) presumptive sentence of 10 years; and 

3) maximum sentence of 15 years.

If the individual has been previously convicted of possessing or transporting more than 200 grams of fentanyl for sale, the minimum, presumptive and maximum sentences are enhanced by five years each.

Provisions

1. Establishes enhanced sentencing for possessing at least 200 grams of fentanyl in a motor vehicle. (Sec. 1)

2. Outlines sentencing for a first time offence as follows:

a) minimum sentence of 5 years;

b) presumptive sentence of 10 years; and  

c) maximum sentence of 15 years. (Sec. 1)

3. Increases each mandatory sentence by five years, if the offense is a second or subsequent offence. (Sec. 1)

4. Specifies that an individual's presumptive term imposed may be mitigated or aggravated, based on existing statutory factors. (Sec. 1)

5. Makes technical changes. (Sec. 1)

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                        HB 2607

Initials NM/DC         Page 0 Caucus & COW

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