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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
sentencing enhancements; vulnerable; incapacitated; adult.
Purpose
Increases, to between three and five years, the presumptive, minimum and maximum sentence for felony offenses knowingly committed against vulnerable adults depending on the felony classification. Deems, as ineligible for probation, pardon, suspension of sentence or release from confinement as outlined, any person who is at least 18 years old or tried as an adult who knowingly commits a felony offense against a vulnerable adult.
Background
Under circumstances likely to produce death or serious physical injury, any person who causes a vulnerable adult to suffer physical injury or, having the care or custody of the vulnerable adult, causes or allows the person or health of the vulnerable adult to be injured, or who causes or allows the vulnerable adult to be placed in a situation that endangers the vulnerable adult's person or health is guilty of a : 1) class 2 felony, if the offense is committed intentionally or knowingly; 2) class 3 felony, if the offense is committed recklessly; or 3) class 4 felony, if the offense is committed with criminal negligence. Under circumstances other than those likely to produce death or serious physical injury the person is guilty of a: 1) class 4 felony, if the offense is committed intentionally or knowingly; 2) class 5 felony, if the offense is committed recklessly; or 3) class 6 felony, if the offense is committed with criminal negligence. A person who intentionally or knowingly engages in emotional abuse of a vulnerable adult who is a patient or resident in any setting in which health care, health-related services or assistance with one or more daily living activities is provided, or any person having the care or custody of the vulnerable adult who intentionally or knowingly subjects or allows the vulnerable adult to be subjected to emotional abuse is guilty of a class 6 felony.
A vulnerable adult is an individual who is 18 years old or older and who is unable to protect themselves from abuse, neglect or exploitation by others because of a mental or physical impairment (A.R.S. ยง 13-3623).
The Joint Legislative Budget Committee (JLBC) estimates that H.B. 2680 would increase the Arizona Department of Correction Rehabilitation and Reentry's operating costs as individuals convicted under the sentencing enhancement will spend more time in prison than is required under current law. However, the magnitude of this impact cannot be determined in advance due to insufficient data regarding the number of felony convictions involving a vulnerable adult (JLBC fiscal note).
Provisions
1. Increases, by three years, the presumptive, minimum and maximum sentence for a class 4, 5 or 6 felony offense in which the person who commits the offense knows or has reason to know that the victim is a vulnerable adult.
2. Increases, by five years, the presumptive, minimum and maximum sentence for a class 2 or 3 felony offense in which the person who commits the offense knows or has reason to know that the victim is a vulnerable adult.
3. Prohibits a convicted person from being eligible for probation, pardon, suspension of sentence or release from confinement on any basis, except for temporary removal for work or compassionate leave, until the minimum sentence imposed by the court has been served, the person has reached the person's earned release date or the sentence is commuted, if the person is:
a) convicted of committing a felony offense knowing or having reason to know that the victim is a vulnerable adult; and
b) at least 18 years old or tried as an adult.
4. Specifies that the outlined sentencing enhancements for felony offenses committed against a vulnerable adult are in addition to any other applicable sentencing enhancements.
5. Becomes effective on the general effective date.
House Action
JUD 2/12/25 DP 7-0-2-0
3rd Read 2/25/25 34-26-0
Prepared by Senate Research
March 7, 2025
ZD/KS/ci