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REFERENCE TITLE: undesignated felony;
misdemeanor designation |
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State of
Arizona House of
Representatives Fifty-fourth
Legislature Second Regular
Session 2020 |
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HB 2519 |
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Introduced by Representatives Lieberman: Pawlik, Rodriguez, Shah |
AN ACT
amending section
13‑604, 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. Section 13-604, Arizona Revised Statutes, is amended to read:
13-604. Class 6 felony; designation
A. Notwithstanding any other provision of this title, if a person is convicted of any class 6 felony not involving a dangerous offense and if the court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that it would be unduly harsh to sentence the defendant for a felony, the court may enter judgment of conviction for a class 1 misdemeanor and make disposition accordingly or may place the defendant on probation in accordance with chapter 9 of this title and refrain from designating the offense as a felony or misdemeanor until the probation is terminated. The offense shall be treated as a felony misdemeanor for all purposes until such time as the court may actually enter an order designating the offense a misdemeanor or felony, except that on agreement of the person and the state the offense shall be treated as a felony for all purposes until the court enters an order designating the offense a misdemeanor or felony. Before final designation by the court, the person or the state may petition the court to designate the offense either a misdemeanor or felony. This subsection does not apply to any person who stands convicted of a class 6 felony and who has previously been convicted of two or more felonies.
B. Notwithstanding any outstanding
monetary obligation, on the person's successful fulfillment of the conditions
of probation and discharge by the court, the court shall designate an
undesignated offense a misdemeanor. All
outstanding monetary obligations shall be converted to a criminal restitution
order. this subsection does not apply to
a person who owes victim restitution or who wilfully fails to pay a monetary
obligation ordered by the court. For the
purposes of this subsection, "successful" means, in the discretion of
the court, the person has satisfied the conditions of probation.
C. For the purposes of chapters 7, 8 and 9 of this title, an undesignated offense that is treated as a misdemeanor shall be treated as a class 1 misdemeanor.
B. D. If a crime or public offense is punishable in the discretion of the court by a sentence as a class 6 felony or a class 1 misdemeanor, the offense shall be deemed a misdemeanor if the prosecuting attorney files any of the following:
1. An information in superior court designating the offense as a misdemeanor.
2. A complaint in justice court or municipal court designating the offense as a misdemeanor within the jurisdiction of the respective court.
3. A complaint, with the consent of the defendant, before or during the preliminary hearing amending the complaint to charge a misdemeanor.