ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: JUD DP 7-0-2-0

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


HB 2680: sentencing enhancements; vulnerable; incapacitated; adult.

Sponsor: Representative Way, LD 15

House Engrossed

Overview

Modifies the sentencing ranges for certain felony offenses committed against vulnerable adults.

History

A vulnerable adult is an individual at least 18 years of age, who is unable to protect himself due to mental or physical impairment (A.R.S. § 13-3623).

Statute prescribes sentencing ranges for felony offenders. A first-time felony offender may be sentenced within the following ranges:  

1)   for a class 6 felony, between six months and one and a half years;

2)   for a class 5 felony, between nine months and two years;

3)   for a class 4 felony, between one and a half years and three years;

4)   for a class 3 felony, between two and a half years and seven years; and

5)   for a class 2 felony, between 4 years and 10 years (A.R.S. § 13-702).

Provisions

1.   Asserts that an individual who is at least 18-years of age or tried as an adult, and is convicted of any felony knowingly committed against a vulnerable adult, will not be eligible for sentence suspension or early confinement release. (Sec. 1)

2.   Outlines exceptions for sentence suspension and early confinement release. (Sec. 1)

3.   Increases the minimum, presumptive and maximum sentences by three years for a class 4, 5, or 6 felony and five years for a class 2 or 3 felony, in addition to any applicable enhanced sentences. (Sec. 1)

 

 

 

 

 

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                        HB 2680

Initials NM/DC         Page 0 House Engrossed

 

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