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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
fentanyl; motor vehicle; sentencing
Purpose
Establishes specific sentencing ranges for persons convicted of possession or transportation of a narcotic drug if the offense involves the possession of fentanyl in a motor vehicle in an amount of at least 200 grams.
Background
A person is
guilty of a class 2 felony if they knowingly transport, import, offer to
transport or import, sell, transfer or offer to sell or transfer a narcotic
drug. A class 2 felony for a
non-dangerous offense carries a minimum sentence of 4 years, presumptive
sentence of 5 years and a maximum sentence of 10 years. A class 2 felony for a
non-dangerous, repetitive offense carries a minimum sentence of 6 years,
presumptive sentence of 9.25 years and a maximum sentence of 18.5 years (A.R.S.
§§ 13-702;
13-703
and 13-3408).
A person convicted of knowingly transporting, importing, offering to transport or import, selling, transferring or offering to sell or transfer fentanyl in an amount of at least 200 grams is subject to a specific sentencing range, consisting of a minimum term of imprisonment of 5 calendar years, a presumptive term of 10 calendar years or a maximum term of 15 calendar years. A person who has previously been convicted of this offense faces a minimum term of imprisonment of 10 calendar years, a presumptive term of 15 calendar years or a maximum term of 20 calendar years (A.R.S. § 13-3408).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Establishes a specific sentencing range for a person convicted of a first offense for the possession or transportation of a narcotic drug if the offense involves the possession of fentanyl in a motor vehicle in an amount of at least 200 grams, as follows:
a) minimum, 5 calendar years;
b) presumptive, 10 calendar years; and
c) maximum, 15 calendar years.
2. Establishes a specific sentencing range for a person who has previously been convicted of an offense for the possession or transportation of a narcotic drug if the offense involves the possession of fentanyl in a motor vehicle in an amount of at least 200 grams, as follows:
a) minimum, 10 calendar years;
b) presumptive, 15 calendar years; and
c) maximum, 20 calendar years.
3. Allows the presumptive prison sentences in these new ranges to be mitigated or aggravated pursuant to statute.
4. Makes conforming changes.
5. Becomes effective on the general effective date.
House Action
JUD 2/19/25 DP 6-0-3-0
3rd Read 3/3/25 46-12-2
Prepared by Senate Research
March 24, 2025
ZD/ci