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House Engrossed
sentencing; judgment of guilt; fingerprints |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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CHAPTER 74
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HOUSE BILL 2075 |
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AN ACT
amending section 13-607, 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 13-607, Arizona Revised Statutes, is amended to read:
13-607. Judgment of guilt and sentence document; fingerprint; contents of document; recitations
A. At the time of sentencing a person who is convicted of a felony offense, a violation of section 13-1802 or 13-1805, a domestic violence offense as defined in section 13-3601 or a violation of chapter 14 of this title or title 28, chapter 4, the court shall execute a judgment of guilt and sentence document or minute order as prescribed by this section.
B. The court or a person appointed by the court shall at the time of sentencing and in open court either permanently affix a require either that the defendant's fingerprint be permanently affixed to the document or order or obtain and record that the defendant's two fingerprint biometric-based identifier be obtained and recorded in the court case file.
C. The document or order shall recite all of the following in addition to any information deemed appropriate by the court:
1. The defendant's full name and date of birth.
2. The name of the counsel for the defendant or, if counsel was waived, the fact that the defendant knowingly, voluntarily and intelligently waived the defendant's right to counsel after having been fully apprised of the defendant's right to counsel.
3. The name, statutory citation and classification of the offense.
4. Whether there was a finding by the trier of fact that the offense was of a dangerous or repetitive nature pursuant to section 13-703 or 13-704 or was committed while released from confinement pursuant to section 13-708.
5. Whether the basis of the finding of guilt was by trial to a jury or to the court, or by plea of guilty or no contest.
6. That there was a knowing, voluntary and intelligent waiver of the right to a jury trial if the finding of guilt was based on a trial to the court.
7. That there was a knowing, voluntary and intelligent waiver of all pertinent rights if the finding of guilt was based on a plea of guilty or no contest.
8. A certification by the court or the clerk of the court that at the time of sentencing and in open court that either the defendant's fingerprint was permanently affixed to the document or order or the defendant's two fingerprint biometric-based identifier was obtained and recorded in the court case file.
D. The document or order shall be made a permanent part of the public records of the court, and the recitations contained in the document or order are prima facie evidence of the facts stated in the recitations.
E. If the supreme court has authorized the clerk of the court to maintain an electronic court record, the clerk may maintain only an electronic reproduction or image of the original document or order.
APPROVED BY THE GOVERNOR MARCH 23, 2021.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 23, 2021.