ARIZONA HOUSE OF REPRESENTATIVES

HB 2241: heroin; fentanyl; sales; mandatory prison

PRIME SPONSOR: Representative Farnsworth E, LD 12

BILL STATUS: Judiciary & Public Safety

Abstract

Relating to sentencing for offenses involving heroin, fentanyl, carfentanil or fentanyl mimetic substances.

Provisions

1. Provides an enhanced sentence for a person who is convicted of any of the following offenses involving heroin, fentanyl, carfentanil or fentanyl mimetic substances:

a. Possession for sale;

b. Possession of equipment or chemicals for manufacturing;

c. Manufacturing; or

d. Transport for sale. (Sec 1)

2. Establishes a 10-year presumptive term of incarceration for a first offense (range of 5-15 years) and a 15-year presumptive term of incarceration for a second or subsequent offense involving the same drugs (range of 10-20 years).  (Sec 1)

3. Permits the term of incarceration to be mitigated or aggravated as outlined in the general sentencing statute (A.R.S. § 13-701). (Sec 1)

4. Makes a person convicted of these offenses ineligible for probation, pardon, sentence suspension or release on any basis until specific conditions are met. (Sec 1)

5. Makes conforming changes. (Sec 1)

Current Law

A.R.S. Title 13, Chapter 34 outlines drug offenses and sentencing parameters for violations.  There are several categories of drugs, including narcotic drugs, dangerous drugs, prescription-only drugs and marijuana. These categories are defined in A.R.S. § 13-3401.  

A.R.S. § 13-3408 makes it illegal to do any of the following with a narcotic drug:

1. Possess or use;

2. Possess for sale;

3. Possess equipment or chemicals for manufacturing;

4. Manufacture;

5. Administer to another person;

6. Obtain or procure the administration by fraud; or

7. Transport for sale.

These offenses range from Class 2 to Class 4 felonies and some are probation-eligible.

A.R.S. § 13-3407 outlines penalties for the possession, use, sale, manufacture or transportation of a dangerous drug.  Various penalties are provided, including an enhanced sentence if the offense involved the sale, transport for sale or manufacture of methamphetamines or possession of equipment to make methamphetamines. The presumptive term is 10 years, 15 years if the person has a previous conviction for the same offense involving methamphetamines.  Additionally, the person is not eligible for sentence suspension, pardon or release until specific conditions are met.

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Fifty-third Legislature                  HB 2241

Second Regular Session                               Version 1: Judiciary & Public Safety

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