ARIZONA HOUSE OF REPRESENTATIVES

SB 1314: death penalty; aggravating circumstances

PRIME SPONSOR: Senator Farnsworth E, LD 12

BILL STATUS: Transmitted to Governor

Overview

Eliminates certain aggravating circumstances that qualify a defendant convicted of murder for the death penalty.

History

Certain murder convictions qualify for the death penalty (A.R.S. § 13-751). A person may only be sentenced to death if the jury finds that, beyond a reasonable doubt, at least one enumerated aggravating circumstance applies. These aggravating circumstances include when the defendant:

1. Has another conviction that qualified for a sentence of life imprisonment or death;

2. Has been convicted, at any time, of a serious offense;

3. Knowingly created a grave risk of death to someone other than the person murdered;

4. Paid someone to commit, or was paid to commit, the murder;

5. Committed the offense to obtain something of pecuniary value;

6. Committed the offense in an especially heinous, cruel, or depraved manner;

7. Committed the offense while in custody or on probation;

8. Is convicted of other homicides committed during the offense;

9. Was tried as an adult and the victim was under 16 years of age, was an unborn child, or was older than 69 years of age;

10. Knowingly murdered an on-duty peace officer;

11. Committed the offense to promote the objectives of a criminal street gang or criminal syndicate, or in order to join such an organization;

12. Committed the offense to prevent the victim from cooperating with law enforcement or testifying, or in retaliation for cooperation or testimony;

13. Committed the offense in a cold, calculated manner without pretense of moral or legal justification; or

14. Used a remote stun gun or authorized remote stun gun in the commission of the offense.

If one or more of these factors is present, the jury must impose a death sentence unless a mitigating circumstance exists that sufficiently calls for leniency.

Provisions

1. Eliminates as aggravating circumstances that the defendant:

a. Knowingly created a grave risk of death to a person other than the person murdered;

b. Committed the offense expecting to receive something of pecuniary value, unless the defendant committed the offense for payment;

c. Committed the offense in a cold, calculated manner without pretense of moral or legal justification; or

d. Used a remote stun gun or authorized remote stun gun in commission of the offense.

2. Makes conforming changes.

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6. Fifty-fourth Legislature                       SB 1314

7. First Regular Session                            Version 4: Transmitted

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