House of Representatives

SB 1444

failure to register; presumptive sentence

(now:  sentencing; third felony offenses)

Sponsor: Senator Verschoor

 

DPA S/E

Committee on Judiciary

DPA

Caucus and COW

X

As Engrossed and As Passed the House

 

 

SB 1444 requires life imprisonment for a person convicted of a violent or aggravated felony if the person has two previous convictions of violent or aggravated felonies.

 

History

Sentencing for felonies in Arizona is prescribed in multiple statutes based on the classification of the felony and whether certain factors exist that qualify the felony for a longer term of incarceration.  For sentencing purposes, most felonies are classified as either “non-dangerous” or “dangerous.” Generally, an offense is considered “dangerous” if one of two elements is present:

1)                            The felony involved the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument, or

2)                            The intentional or knowing infliction of serious physical injury has occurred. 

 

Sentences for these “dangerous” offenses are provided in A.R.S. § 13-604 and are longer than the sentence for a “non-dangerous” offense.  This section also contains sentences for repetitive offenders (one or more historical prior felony convictions).   Based on the classification of the current conviction and the historical prior felony conviction, a longer sentence is imposed on the offender.  A person who has been convicted of a “dangerous” offense and has at least one historical prior felony conviction may also receive a longer sentence under this section.   “Non-dangerous” felony presumptive sentences are outlined in A.R.S. § 13-701.  If a person is convicted of a “non-dangerous” offense and the person has been convicted of at least one historical prior felony, the person may receive a longer sentence than is prescribed for a first offense. 

 

Additionally, A.R.S. § 13-702.02 provides sentences for persons convicted of multiple felonies not committed on the same occasion if the felonies are either consolidated for trial or are not considered historical prior felonies.  Sentences for multiple convictions of both “dangerous” and “non-dangerous” offenses are prescribed in this section and may be longer than sentences prescribed for a first offense.

 

Regardless of whether the offense is considered “dangerous” or “non-dangerous,” for non-capital felonies the presumptive term of incarceration may be increased or decreased within the ranges found in A.R.S. § 13-604, § 13-604.01, § 13-702, § 13-702.01 or § 13-702.02 if aggravating or mitigating circumstances are found to be true by the trier of fact at the time of sentencing.  A.R.S. § 13-702 contains a list of 22 specific aggravating circumstances and also allows the jury to consider “any other factor that the state alleges is relevant to the defendant’s character or background or to the nature or circumstances of the crime” as an aggravating circumstance.  The section also contains four specific mitigating circumstances and language allowing the court to consider any other factor it deems relevant to the defendant’s character or background or to the nature or circumstances of the crime as a mitigating circumstance. 

 

Sentences for capital offenses (first degree murder) are provided in A.R.S. § 13-703.  A person convicted of first degree murder may be sentenced to life in prison (not eligible for release until serving 25 years or 35 years if the victim was under 15), natural life in prison or death. 

 

Certain other offenses also carry enhanced sentences, such as dangerous crimes against children (A.R.S. § 13-604.01), sexual assault (A.R.S. § 13-1406) and violent sexual assault (A.R.S. § 13-1423).

 

Provisions

 Findings and Declarations

·          Provides that it is a fundamental purpose of criminal law to identify and remove persons whose conduct threatens public safety from society.

 

Life Sentence

·          Sentences a person to life if the person has been convicted of:

­       Committing or attempting or conspiring to commit any violent or aggravated felony if the person has previously been convicted (on separate occasions) of two or more violent or aggravated felonies.

 

·          Prohibits the person from being eligible for suspension of sentence, probation, pardon or release on any basis.  Allows the person to be eligible for commutation after serving at least 35 years.

 

·          Provides that for the purposes of this section, the prior convictions must:

­       Have been entered within 15 years of the conviction for the third offense, excluding time spent in custody, on probation or as an absconder, and

­       The sentence for the 1st violent or aggravated felony conviction must have been imposed before the conduct occurred that gave rise to the 2nd conviction and the sentence for the 2nd violent or aggravated felony conviction must have been imposed before the conduct occurred that gave rise to the 3rd conviction.

 

·          Applies Chapter 3 of Title 13 (parties to offenses; accountability) to all offenses under the new section.

 

·          Considers an offense committed in another jurisdiction an offense committed in Arizona if:

­       Had the offense been committed in Arizona, it would be a violation or attempted violation of any offenses listed in the new section, and

­       The offense has the same elements of an offense listed in the new section.

 

·          Defines violent or aggravated felony as any of the following offenses:

­       First degree murder (A.R.S. § 13-1105)

­       Second degree murder (A.R.S. § 13-1104)

­       Aggravated assault resulting in serious physical injury or involving the discharge, use or threatening exhibition of a deadly weapon/dangerous instrument (A.R.S. § 13-1204)

­       Dangerous or deadly assault by a prisoner (A.R.S. § 13-1206)

­       Committing an assault with intent to incite to riot or participate in riot (A.R.S. § 13-1207)

­       Drive by shooting (A.R.S. § 13-1209)

­       Knowingly discharging a firearm at a residential structure if it is occupied (A.R.S. § 13-1211)

­       Kidnapping (A.R.S. 13-1304)

­       Sexual conduct with a minor that is a Class 2 felony (victim is under 15 years of age) (A.R.S. § 13-1405)

­       Sexual assault (A.R.S. § 13-1406)

­       Molestation of a child (A.R.S. § 13-1410)

­       Continuous sexual abuse of a child (A.R.S. § 13-1417)

­       Violent sexual assault (A.R.S. § 13-1423)

­       First degree burglary committed in a residential structure if the structure is occupied (A.R.S. § 13-1508)

­       Arson of an occupied structure (A.R.S. § 13-1704)

­       Arson of an occupied prison or jail facility (A.R.S. § 13-1705)

­       Armed robbery (A.R.S. § 13-1904)

­       Participating in or assisting a criminal syndicate or leading or participating in a criminal street gang (A.R.S. § 13-2308)

­       Terrorism (A.R.S. § 13-2308.01)

­       Taking a child for the purpose of prostitution (A.R.S. § 13-3206)

­       Child prostitution (A.R.S. § 13-3212)

­       Commercial sexual exploitation of a minor (A.R.S. § 13-3552)

­       Sexual exploitation of a minor (A.R.S. § 13-3553)

­       Unlawful introduction of disease or parasite (A.R.S. § 13-2912)

 

 

 

 

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Forty-seventh Legislature

Second Regular Session          2          April 12, 2006

 

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