ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

Senate: JUD DPA 4-3-0-0 | 3rd Read 18-10-2-0-0


SB 1344: felony murder; fentanyl; sentencing

Sponsor: Senator Kern, LD 27

Committee on Judiciary

Overview

Adds certain narcotic drug offenses involving fentanyl as predicate offenses for felony murder if specific circumstances are met.

History

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 predicate felony offenses enumerated in statute and, while in the course of and in furtherance of the offense, the person or another person causes the death of any person. 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). However, the fact that a defendant was convicted of first degree murder based on felony murder may be a mitigating circumstance in determining whether the death penalty is appropriate (Arizona Supreme Court Capital Sentencing Guide).

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 (A.R.S. § 13-3401). Statute delineates the primary criminal offenses relating to narcotic drugs in A.R.S. § 13-3408, subsection A. Under paragraph 2 of that subsection, it is a class 2 felony to knowingly possess a narcotic drug for sale. Additionally, under paragraph 4, it is a class 2 felony to knowingly manufacture a narcotic drug. Finally, under paragraph 7, it is a class 2 felony 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. 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).

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 NoteAdds narcotic drug offenses under A.R.S. § 13-3408, subsection A, paragraphs 2, 4 and 7 as predicate offenses for felony murder if all of the following circumstances are met:

a)   The narcotic drug involved in the offense is fentanyl;

b)   The offense was committed as part of the person's association with and participation in the conduct of an enterprise that is engaged in dealing in illegal drugs;

c) The person organized, managed, directed, supervised or financed the enterprise with the intent to promote or further its criminal objectives. (Sec. 1)

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g)                           SB 1344

h)   Initials JL      Page 0 Judiciary

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