ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session
	House: JUD DP 5-3-1-0-0-0

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HB 2245: narcotic drugs; fentanyl; sentencing

Sponsor: Representative Nguyen, LD 1

Caucus & COW

Overview

Imposes enhanced sentencing ranges for certain existing narcotic drug offenses involving the sale of fentanyl to another person in an amount of at least $1,000.

History

The criminal code defines a narcotic drug to encompass a detailed list of materials, compounds, mixtures or preparations containing various substances or derivatives. Examples of narcotic drugs include cocaine, fentanyl and heroin, among many others (A.R.S. § 13-3401).

Statute outlines several criminal offenses relating to narcotic drugs in A.R.S. § 13-3408. Specifically, subsection A, paragraph 2 of that statute makes it unlawful for a person to knowingly possess a narcotic drug for sale (a class 2 felony). Moreover, subsection A, paragraph 7 makes it unlawful for a person to knowingly 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 (also class 2 felony).

For a first-time offense, and in the absence of any mitigating or aggravating circumstances, a class 2 felony is punishable by either a term of imprisonment in the following ranges or up to 7 years of probation for eligible offenses:

1) 4 years (minimum);

2) 5 years (presumptive); or

3) 10 years (maximum) (A.R.S. §§ 13-702, 13-902).

However, A.R.S. § 13-701 outlines a process for a court or a trier of fact to find that an offense involved certain enumerated mitigating circumstances (subsection E) or aggravating circumstances (subsection D), which may operate to reduce the minimum prison sentence above to 3 years or to enhance the maximum prison sentence to 12.5 years. Additionally, more specific sentencing requirements may apply in certain circumstances, including discrete sentencing ranges or probation eligibility provisions that may apply for repeat offenses or for offenses involving specific drugs or amounts of drugs (A.R.S. §§ 13-3408, 13-3419, 13-3420).

For purposes of drug offenses under the criminal code, sale (or sell) is defined as an exchange for anything of value or advantage, present or prospective. Further, transfer means to furnish, deliver or give away (A.R.S. § 13-3401). For purposes of the criminal code, possess means to knowingly have physical possession or otherwise to exercise dominion or control over property (A.R.S. § 13-105).

Provisions

1. Mandates the following enhanced prison terms for a person who is convicted of a violation of A.R.S. § 13-3408, subsection A, paragraph 2 or 7, if the violation involves the sale to another person of fentanyl in an amount of at least $1,000:

a) 5 years (minimum);

b) 10 years (presumptive); or

c) 15 years (maximum). (Sec. 1)

2. Increases each of these terms by 5 years for a person who has previously been convicted of a violation of A.R.S. § 13-3408, subsection A, paragraph 2 or 7 involving the sale to another person of fentanyl in an amount of at least $1,000. (Sec. 1)

3. Provides that these presumptive prison terms may be mitigated or aggravated pursuant to A.R.S. § 13-701, subsections D and E. (Sec. 1)

4. Makes conforming changes. (Sec. 1)

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8.                   HB 2245

9. Initials JL Page 0 Caucus & COW

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