ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

House: JUD DP 10-0-0-0

HB 2735: sexual assault study committee.

Sponsor: Representative Hernandez M, LD 26

Caucus & COW

Overview

Establishes the Sexual Assault Study Committee (Committee).

History

Sexual assault is intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without the person's consent (A.R.S. § 13-1406).

Sexual assault is a class 2 felony and statute prescribes sentencing guidelines for those convicted as follows:

1) The term for a first offense: minimum: 5.25 years; presumptive: 7 years; and maximum: 14 years;

2) The term for a defendant with one prior felony conviction: minimum 7 years; presumptive: 10.5 years; and maximum: 21 years;

3) The term for a defendant with two or more prior felony convictions: minimum: 14 years; presumptive: 15.75 years; and maximum: 28 years; and

4) If the sexual assault involved the intentional use of specific drugs without the victim's knowledge, the sentence for the offense is increased by three years.

If the sexual assault involved the knowing infliction of serious physical injury, the person may be sentenced to life imprisonment and is not eligible for suspension of sentence or release from confinement, unless specifically authorized by statute, until at least 25 years has been served or the sentence is commuted (A.R.S. § 13-1406).

Provisions

1. Establishes the Committee. (Sec. 1)

2. Outlines Committee membership. (Sec. 1)

3. Requires the Legislature to provide staff and support services to the Committee. (Sec. 1)

4. States that Committee members are not eligible to receive compensation but are eligible for expense reimbursement. (Sec. 1)

5. Directs the Committee to perform the following:

a) Study state and federal laws relating to sexual assault;

b) Study current policies and practices of local, state and tribal law enforcement agencies and county attorneys relating to the investigation and prosecution of sexual assault-related crimes; and

c) Analyze the current training provided to professionals responding to sexual assault-related offenses. (Sec. 1)

6. Requires the Committee to submit a report to the Governor and the Legislature by December 1, 2023, on the Committee's activities and recommendations. (Sec. 1)

7. Repeals the Committee on July 1, 2024. (Sec. 1)

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11. HB 2735

12. Initials LC Page 0 Caucus & COW

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