 |
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
felony murder; fentanyl; sentencing
Purpose
Classifies, as first-degree murder, causing the death of any person during the course of or immediate flight from a narcotics offense involving the possession for sale, manufacture or transportation of fentanyl as part of the person's association and participation in managing, directing, supervising or financing the conduct of an enterprise that deals in illegal drugs with the intent to promote or further the enterprise's criminal objectives.
Background
Knowingly transporting or offering to transport a narcotic for sale, including fentanyl, is first-degree murder if the amount being transported is in excess of the threshold amount and the person committing the offense or another person present causes the death of any person in the course of and in furtherance of the offense or in immediate flight from the offense. The current threshold amount for fentanyl or fentanyl mimetic substances is nine grams (A.R.S. §§ 13-1105 and 13-3401).
A person is
guilty of a class 2 felony if they knowingly possess a narcotic drug for sale,
knowingly manufacture a narcotic drug, or knowingly transport a narcotic drug
for sale (A.R.S.
§ 13-3408).
A class 2 felony for a non-dangerous offense carries a presumptive sentence of five years and a fine not to exceed $150,000 to be determined by the court. A class 2 felony for a dangerous offense carries a presumptive sentence of 10.5 years and a fine not to exceed $150,000 to be determined by the court. Felony murder is classified as first degree murder and is a class 1 felony punishable by sentence of life or natural life to be determined by the trier of fact and a fine not to exceed $150,000 to be determined by the court (A.R.S. §§ 13-702; 13-752; and 13-1105).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Classifies, as first-degree murder, causing the death of any person during the course of and in furtherance of the offense or immediate flight from an offense involving the possession for sale, manufacture or transportation of fentanyl as part of the person's association and participation in managing, directing, supervising or financing the conduct of an enterprise that deals in illegal drugs with the intent to promote or further the enterprise's criminal objectives.
2. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Adds that, in order for a person to commit first-degree murder in the course of or immediate flight from a narcotics offense involving fentanyl, the person must have committed the offense as part of the person's association and participation in managing, directing, supervising, or financing the conduct of a criminal enterprise with the intent to promote or further the enterprise's criminal objectives.
Senate Action
JUD 2/14/24 DPA 4-3-0
Prepared by Senate Research
February 19, 2024
ZD/cs