ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

Senate: JUD DP 4-3-0-0 | 3rd Read DPA 17-13-0-0-0

SB 1029: felony murder; fentanyl; sentencing

Sponsor: Senator Kern, LD 27

Committee on Judiciary

Overview

Adds certain narcotic drug offenses involving fentanyl and that were committed as part of an illegal drug enterprise to statutory enumerated felonies that may be used as a basis for felony murder.

History

Narcotic Drug Offenses

The criminal code defines narcotic drugs to encompass a detailed list of materials, compounds, mixtures or preparations containing various substances or derivatives, including, among many others, fentanyl. Statute also defines the threshold amount for certain narcotic drugs that, if met or exceeded in any given case, may operate the increase the applicable prison sentence or affect the convicted person's eligibility for probation or release (A.R.S. §§ 13-3401, 13-3408, 13-3410, 13-3420).

It is a criminal offense to knowingly:

1)   Possess a narcotic drug for sale, which is a class 2 felony that, if the amount of the drug involved in the offense (or all of the offenses that are consolidated for trial) meets or exceeds the threshold amount, is ineligible for suspension of sentence, probation, pardon or release until the sentence is served, the person is eligible for community supervision or the sentence is commuted;

2)   Manufacture a narcotic drug, which is a class 2 felony that is ineligible for suspension of sentence, probation, pardon or release until the sentence is served, the person is eligible for community supervision or the sentence is commuted;

3)   Transport for sale, import into Arizona, offer to transport for sale or import into Arizona, sell, transfer or offer to sell or transfer a narcotic drug, which is a class 2 felony that, if the amount of the drug involved in the offense (or all of the offenses that are consolidated for trial) meets or exceeds the threshold amount, is ineligible for suspension of sentence, probation, pardon or release until the sentence is served, the person is eligible for community supervision or the sentence is commuted (A.R.S. § 13-3408).

For a first time offense, a class 2 felony carries a presumptive prison term of 5 years and a maximum fine of $150,000 (A.R.S. §§ 13-702 and 13-801).

Felony Murder

The most severe homicide offense in the criminal code is first degree murder, which is classified as a class 1 felony. One form of first degree murder, commonly referred to as felony murder, involves a person who, either alone or with others, commits or attempts to commit one of several statutorily enumerated felony offenses and, while in the course of and in furtherance of the offense, the person or another person causes the death of any person. Among many others, narcotics offenses under A.R.S. § 13-3408 involving the transport for sale, import into Arizona, offer to transport for sale or import into Arizona, sale, transfer or offer to sell or transfer a narcotic drug that equal or exceed the statutory threshold amount for each offense or combination of offenses are currently among the statutorily enumerated felonies that be a basis for felony murder (A.R.S. § 13-1105).

First and second degree murder are the only class 1 felony offenses in the criminal code (A.R.S. §§ 13-1104 and 13-1105). A person who is convicted of felony murder may be sentenced to death (if the prosecution files the appropriate notice), or life or natural life imprisonment, as determined pursuant to procedures outlined in statute (A.R.S. §§ 13-751 and 13-752).

Relevant Definitions

For purposes of certain offenses, the criminal code defines an enterprise as any corporation, partnership, association, labor union or other legal entity or any group of persons associated in fact although not a legal entity (A.R.S. § 13-2301).

For purposes of drug offenses, like those mentioned above, the criminal code defines terms such as manufacture, sale (or sell) and transfer (A.R.S. § 13-3401). Other general terms, such as possess and possession, in addition to the culpable mental states applicable throughout the criminal code, including intentionally (or with the intent to) and knowingly are also defined in statute (A.R.S. § 13-105).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteEnumerates the following narcotic drug offenses as potential predicate felonies for felony murder if the narcotic drug involved is fentanyl, the offense was committed was as part of the person's association with and participation in the conduct of an enterprise as defined in A.R.S. § 13-2301 that is engaged in dealing illegal drugs and the person organized, managed, directed, supervised or financed the enterprise with the intent to promote or further its criminal objectives:

a)   Possession of a narcotic drug for sale;

b)   Manufacture of a narcotic drug; or

c)   Transport for sale, import into Arizona, offer to transport for sale or import into Arizona, sale or transfer or offer to sell or transfer of a narcotic drug. (Sec. 1)

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