ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

 

HB 2036: fentanyl; heroin; carfentanil; mandatory sentencing

Sponsor:  Representative Pierce, LD 1

Committee on Judiciary

Overview

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

 

History

Current statute 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.

 

Title 13 makes it illegal to do any of the following knowingly 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. (A.R.S. § 13-3408)

 

These offenses range from class 2 to class 4 felonies.

 

Statute outlines penalties for the possession, use, sale, manufacture or transportation of a dangerous drug. (A.R.S. § 13-3407) 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.

 

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;

d)    Administering a narcotic drug to another person; or

e)    Transport for saleText Box: ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note. (Sec 1)

 

2.    Adds a sentencing minimum of 5 calendar years, a presumptive of 10 calendar years and a maximum of 15 calendar years for the first offense involving fentanyl, heroin, carfentanil or a fentanyl mimetic substance. (Sec 1)

 

3.    Requires that a person who was previously convicted must have a minimum sentence of 10 calendar years, a presumptive of 15 calendar years and a maximum sentence of 20 calendar years. (Sec 1)

 

4.    States that unless specific conditions are met, a person convicted of the below offenses involving heroin, fentanyl, carfentanil or fentanyl mimetic substances are ineligible for probation, pardon, sentence suspension or release:

a)    Possession for sale;

b)    Possession of equipment or chemicals for manufacturing;

c)    Administering a narcotic drug to another person; or

d)    Transport for sale. (Sec 1)

 

5.    Contains technical and conforming changes. (Sec 1)

 

 

 

 

 

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Initials ____LC______                  Judiciary

 

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