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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
second degree murder; sentencing
Purpose
Allows a person who is at least 18 years old or who has been tried as an adult and has been convicted of a dangerous crime against children (DCAC) in the first degree involving second degree murder of a minor under 15 years old to be sentenced to life imprisonment. Outlines exceptions and sentencing requirements when a life sentence is not imposed.
Background
The Director of the Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR) may authorize temporary removal under custody for one day from prison of any inmate for the purpose of prison administration employment, voluntary medical research or for participating in community action activities directed toward delinquency prevention and community betterment programs. The Director of ADCRR may also authorize furlough, temporary removal or temporary release of any inmate for compassionate leave, certain inmate medical treatment and for disaster aid (A.R.S. § 31-233).
Current statute allows a person who is at least 18 years old or who has been tried as an adult and has been convicted of a DCAC in the first degree involving second degree murder of a child under 12 years old, or a child who is 12, 13 or 14 years old may be sentenced to a presumptive term of imprisonment of 20 years for a first offense. For a repeat offense where the child was 12, 13 or 14 years old the offender may be sentenced to a presumptive term of imprisonment of 30 years (A.R.S. § 13-705).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a person who is at least 18 years old or who has been tried as an adult and has been convicted of a DCAC in the first degree involving second degree murder of a minor under 15 years old to be sentenced to life imprisonment.
2. States that a person who was sentenced to life imprisonment for committing a DCAC in the first degree involving second degree murder of a minor under 15 years old is ineligible for suspension of sentence, probation, pardon or release from confinement on any basis, unless the Director of ADCRR makes a statutorily authorized exception for a person who has served 35 years, or had their sentence commuted.
3. Requires a person, if a life sentence is not imposed, to be sentenced to a term of imprisonment of:
a) 25 years minimum;
b) 30 years presumptive; and
c) 35 years maximum.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
House Action
JUD 2/2/22 DP 9-0-1-0
3rd Read 2/15/22 45-14-1
Prepared by Senate Research
March 1, 2022
ZD/HW/sr