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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
REVISED
second degree murder; presumptive sentence
Purpose
Increases the presumptive prison sentence for a person who commits second degree murder, from 16 to 20 calendar years, if the person has no prior convictions of second degree murder or outlined felonies, and, from 20 to 25 calendar years, if the person has a prior conviction of second degree murder or an outlined felony.
Background
A person commits second degree murder if without premeditation the person causes the death of another person, including an unborn child, by: 1) intentionally causing the death of another person or as a result of intentionally causing the death of another person, causes the death of an unborn child; 2) engaging in conduct that the person knows will cause death or serious physical injury; or 3) recklessly engaging in conduct that creates a grave risk of death under circumstances manifesting extreme indifference to human life. A person may not be prosecuted under second degree murder of an unborn child if the person was: 1) performing an abortion for which the consent of the pregnant woman, or a person authorized by law to act on the pregnant woman's behalf, has been obtained or for which the consent was implied or authorized by law; 2) performing medical treatment on the pregnant woman or the pregnant woman's unborn child; or 3) the unborn child's mother.
Second degree murder is a class 1 felony and generally carries a presumptive term of imprisonment of 16 calendar years for a person with no prior convictions of second degree murder or a class 2 or 3 felony involving a dangerous offense, or 20 calendar years for a person who has been previously convicted of second degree murder or a felony involving a dangerous offense as outlined. Increased presumptive terms of imprisonment are prescribed for persons convicted of a dangerous crime against children involving second degree murder or persons convicted of second degree murder who have previously been convicted of two or more serious, violent or aggravated felonies (A.R.S. Title 13, Chapter 7 and A.R.S. § 13-1104).
The Joint Legislative Budget Committee (JLBC) estimates that S.B. 1597 could increase the Arizona Department of Corrections Rehabilitation and Reentry's (ADCRR) operating costs due to longer sentences for offenders. However, the total impact cannot be estimated in advance as the impact would depend on the number of individuals charged under the revised sentencing requirements and the cumulative impact on the ADCRR inmate population (JLBC fiscal note).
Provisions
1. Increases, from 16 to 20 calendar years, the presumptive sentence for second degree murder committed by a person who has no previous convictions for second degree murder or a class 2 or 3 felony involving a dangerous offense.
2. Increases, from 20 to 25 calendar years, the presumptive sentence for second degree murder committed by a person who has previously been convicted of second degree murder or a class 2 or 3 felony involving a dangerous offense.
3. Makes technical changes.
4. Becomes effective on the general effective date.
Revisions
· Updates the fiscal impact statement.
Prepared by Senate Research
April 2, 2025
ZD/KS/ci