Assigned to JUDE                                                                                               AS PASSED BY COMMITTEE

 


 

 

 


ARIZONA STATE SENATE

Fifty-Seventh Legislature, First Regular Session

 

AMENDED

FACT SHEET FOR H.B. 2340

 

murder; law enforcement; punishment

Purpose

States that first degree murder in which a person causes the death of a law enforcement officer who is in the line of duty is punishable by death or natural life.

Background

A person commits first degree murder if: 1) intending or knowing that the person's conduct will cause death, the person causes the death of another person with premeditation; 2) in the course of or flight from specified offenses, the person causes the death of any person; and 3) intending or knowing that the persons conduct will cause death to a law enforcement officer, the person causes the death of a law enforcement officer who is in the line of duty (A.R.S. § 13-1105).

First degree murder is a class 1 felony and is punishable by death or life imprisonment. A defendant who is at least 18 years of age at the time of the offense and convicted of first degree murder based on causing the death of another person with premeditation or causing the death of a law enforcement officer, must be sentenced to death or imprisonment for natural life. A defendant who was under 18 years of age at the time of the offense and convicted of first degree murder based on causing the death of another person with premeditation or causing the death of a law enforcement officer, must be sentenced to imprisonment for life or natural life.

A defendant sentenced to natural life is not eligible for release from confinement on any basis. A defendant sentenced to life must not be released until the completion of service of 25 years, if the murdered person is at least 15 years of age, or 35 years if the murdered person is under 15 years of age (A.R.S. §§ 13-751 and 13-752).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Specifies that first degree murder is punishable by death or natural life if a person, intending or knowing that the person's conduct will cause the death to a law enforcement officer, causes the death of a law enforcement officer who is in the line of duty.

2.   Defines law enforcement officer as:

a)   a regularly employed and paid individual, other than a probationary employee, who is certified by the Arizona peace officer standards and training board and who is working in a position requiring certification by the Arizona Peace Officer Standards and Training Board, other than a person employed by a multi-county water conservation district, an
at-will employee or a voluntary or reserve employee; or

b)   a corrections officer or detention officer, other than a juvenile detention officer, who is employed by this state or a political subdivision of the state.

3.   Becomes effective on the general effective date.

Amendments Adopted by Committee:

1.   Specifies that the first degree murder of a law enforcement officer need not have been intentional in order to be punishable by death or natural life imprisonment.

House Action                                                           Senate Action

JUD                 2/19/25      DP       5-0-4-0               JUDE              3/19/25      DPA           4-3-0                         

3rd Read          3/4/25                    48-10-2

 

Prepared by Senate Research

March 20, 2025

ZD/AW/ci