REFERENCE TITLE: criminal case statistics; report; appropriation

State of Arizona

House of Representatives

Fifty-fourth Legislature

Second Regular Session

2020

HB 2557

Introduced by

Representatives Engel: Pawlik, Rodriguez, Salman, Toma

AN ACT

prescribing criminal case statistics reporting requirements; appropriating monies; relating to criminal justice.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Criminal case statistics report; county attorneys; posting requirement; delayed repeal; definitions

A.  Beginning January 1, 2021, on the first day of each month for twenty‑four consecutive months, each county attorney shall submit a report to the Arizona criminal justice commission that contains the following information for the previous month:

1.  The respective aggregate number of misdemeanor and felony cases by individual defendant:

(a)  That are indicted by the prosecutor's office.

(b)  That are resolved by the prosecutor's office through a plea agreement.  If resolved through a plea agreement, the prosecutor shall post the aggregate number of cases in which the defendant either:

(i)  Pleaded guilty.

(ii)  Pleaded no contest.

(c)  That are presented for bench or jury trial consideration, excluding prior conviction trials.

(d)  In which a first time felony offender received a sentence of:

(i)  Less than one year of imprisonment.

(ii)  One year or more but less than three years of imprisonment.

(iii)  Three years or more but less than five years of imprisonment.

(iv)  Five years or more but less than ten years of imprisonment.

(v)  Ten years or more of imprisonment.

(e)  In which a repetitive offender received a sentence of:

(i)  Less than one year of imprisonment.

(ii)  One year or more but less than three years of imprisonment.

(iii)  Three years or more but less than five years of imprisonment.

(iv)  Five years or more but less than ten years of imprisonment.

(v)  Ten years or more of imprisonment.

2.  For each individual defendant's indicted case, a breakdown of each offense charged and whether that offense was charged as a misdemeanor or felony.

3.  For each misdemeanor and felony offense that was charged in each individual defendant's case:

(a)  Whether the offense was resolved by plea agreement.

(b)  If the offense was resolved by plea agreement, whether the defendant pleaded guilty or no contest.

(c)  Whether the offense was presented for bench or jury trial consideration, excluding prior conviction trials.

(d)  The verdict on each misdemeanor and felony charge that was submitted for bench or jury trial consideration.

(e)  The final sentence entered on each charge.

(f) For each charge that resulted in a conviction, the statute number for the crime.

(g) For each sentence, whether the prosecutor alleged a sentencing enhancement and, if applied to the sentence, the statute number of the enhancement.

(h)  Any changes that were mandated by an appellate court to a final sentence that was entered by a justice or superior court.

4.  For each individual defendant's case, whether the defendant has previously been charged with a felony in this state and, if the defendant has previously been charged with a felony in this state, how many prior felony charges in this state.

5.  For each individual defendant's case in which the defendant has a prior felony conviction, a description of each prior felony conviction.

6.  The amount, as recorded by the arresting officer, that was the basis for the following charges:

(a)  Possession or use of marijuana or a dangerous or narcotic drug.

(b)  Possession for sale of marijuana or a dangerous or narcotic drug.

(c)  Possession of equipment or chemicals, or both, for the purpose of manufacturing a dangerous or narcotic drug.

(d)  Manufacturing a dangerous or narcotic drug.

(e)  Administering a dangerous or narcotic drug to another person.

(f)  Obtaining or procuring the administration of a dangerous or narcotic drug by fraud, deceit, misrepresentation or subterfuge.

(g)  Transporting for sale, importing into this state or offering to transport for sale or import into this state, selling, transferring or offering to sell or transfer marijuana or a dangerous or narcotic drug.

7.  For each misdemeanor and felony case, each individual defendant's:

(a)  Age.

(b)  Race or ethnicity.

(c)  Declared gender.

B.  The Arizona criminal justice commission shall post the reports received from each county attorney on the commission's public website. The report information required by this section must be accessible by the public and remain on the Arizona criminal justice commission's public website in perpetuity.

C.  This section is repealed from and after June 30, 2023.

D.  For the purposes of this section:

1.  "Consideration" means that a jury was empaneled and sworn in to consider the charges or, in the case of a bench trial, at least one witness testified.

2.  "Prosecutor" means a county attorney.

Sec. 2. Appropriations; Arizona criminal justice commission; criminal case statistics reports; exemption

A.  The sum of $150,000 is appropriated from the drug and gang enforcement resource center fund established by section 41-2402, Arizona Revised Statutes, in each of fiscal years 2020-2021 and 2021‑2022 to the Arizona criminal justice commission to distribute to each county attorney's office to cover the cost associated with preparing the criminal case statistics report.

B.  The appropriations made in subsection A of this section are exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.