REFERENCE TITLE: sentence enhancements; unlawful presence; release

 

 

 

State of Arizona

Senate

Fifty-second Legislature

Second Regular Session

2016

 

 

SB 1377

 

Introduced by

Senator Smith

 

 

AN ACT

 

AMENDING TITLE 13, CHAPTER 7, ARIZONA REVISED STATUTES, BY ADDING SECTION  13-717; repealing section 41‑1604.14, arizona revised statutes; RELATING TO sentencing.

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 13, chapter 7, Arizona Revised Statutes, is amended by adding section 13-717, to read:

START_STATUTE13-717.  Special sentencing provisions; unlawful presence

A.  if a person is convicted of committing any felony offense and the trier of fact determines that the aggravating factor listed in section 13‑701, subsection d, paragraph 21 applies, the court shall sentence the person to imprisonment for not less than the presumptive sentence authorized under this chapter and the person is not eligible for probation, suspension of sentence, community supervision, commutation or release on any basis until the sentence imposed is served.

B.  if a person is convicted of committing any misdemeanor offense and the trier of fact determines that the aggravating factor listed in section 13‑701, subsection d, paragraph 21 applies, the court shall sentence the person to imprisonment for the maximum term of imprisonment in jail authorized by this chapter and the person is not eligible for probation, suspension of sentence, commutation, work furlough or release on any basis until the sentence imposed is served.

C.  Any time that the person is not in this country is tolled when calculating the statute of limitations prescribed in section 13‑107.END_STATUTE

Sec. 2.  Repeal

Section 41‑1604.14, Arizona Revised Statutes, is repealed.