ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session
	Senate: JUDE DPA 6-0-1-0 | 3^rd Read 28-0-0-2

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SB 1449: lifetime injunction; undesignated offenses

Sponsor: Senator Bolick, LD 2

Committee on Judiciary

Overviews

Establishes that a class 6 felony that is reduced to a class 1 misdemeanor, or one pending designation, is still considered a felony for the purpose of issuing a lifetime injunction.

History

In criminal sentencing, the court has discretion in sentencing individuals convicted of a non-dangerous class 6 felony by either reducing the conviction to a class 1 misdemeanor or deferring its designation as a felony or misdemeanor until the completion of probation. While the offence is pending designation, it is legally treated as a misdemeanor for most purposes but as a felony in specific outlined cases such as probation, DNA collection, firearm rights and sentence enhancement (A.R.S. § 13-604).

Upon request of a victim or prosecutor, the court is required to issue a lifetime injunction prohibiting the defendant from contacting the victim if the offender was convicted of certain felony offences such as violent offences, sexual offences or stalking. The injunction remains in place for the defendant’s lifetime unless the victim dies, the conviction is dismissed, expunged, overturned, pardoned or the victim requests its early termination (A.R.S. § 13-719).

Provisions

1. Asserts that a class 6 felony conviction that is reduced to a class 1 misdemeanor is still considered a felony for the purposes of issuing a lifetime injunction. (Sec. 2)

2. Adds that, for the purposes of issuing a lifetime injunction, while an offence pending designation as either a class 6 felony or a class 1 misdemeanor, it is to be treated as a felony. (Sec. 1)

3. Specifies that lifetime injunctions are to be issued by the superior court. (Sec. 2)

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                        SB 1449

Initials NM    Page 0 Judiciary

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