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ARIZONA STATE SENATE

Fifty-Sixth Legislature, Second Regular Session

FACT SHEET FOR H.B. 2245

narcotic drugs; fentanyl; sentencing

Purpose

Establishes specific sentencing ranges for persons convicted of possession or transportation of a narcotic drug if the offense involves the sale of fentanyl to another person in an amount of at least 200 grams.

Background

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 person is guilty of a class 3 felony if they knowingly possess equipment or chemicals, or both, for the purpose if manufacturing a narcotic drug. A class 2 felony for a non-dangerous offense carries a minimum sentence of 4 years, presumptive sentence of 5 years and a maximum sentence of 10 years. A class 2 felony for a non-dangerous, repetitive offense carries a minimum sentence of 6 years, presumptive sentence of 9.25 years and a maximum sentence of 18.5 years (A.R.S. §§
13-702; 13-703 and 13-3408).

In 2023, the Joint Legislative Budget Committee issued a fiscal note on a similar measure, H.B. 2802, which estimated an impact of $2.3 million beginning in FY 2026, increasing to $6.9 million in FY 2033 (JLBC Fiscal Note).

Provisions

1. Establishes a specific sentencing range for a person convicted of a first offense for the possession or transportation of a narcotic drug if the offense involves the sale of fentanyl to another person in an amount of at least 200 grams, as follows:

a) minimum, five calendar years;

b) presumptive, 10 calendar years; and

c) maximum, 15 calendar years.

2. Establishes a specific sentencing range for a person who has previously been convicted of an offense for the possession or transportation of a narcotic drug if the offense involves the sale of fentanyl to another person in an amount of at least 200 grams, as follows:

a) minimum, 10 calendar years;

b) presumptive, 15 calendar years; and

c) maximum, 20 calendar years.

3. Allows the presumptive prison sentences in these new ranges to be mitigated or aggravated pursuant to statute.

4. Designates this legislation as the Ashley Dunn Act.

5. Makes conforming changes.

6. Becomes effective on the general effective date.

House Action

JUD                 1/24/24      DP                5-3-1-0

3^rd Read          2/22/24                           47-10-2-0-1

Prepared by Senate Research

March 11, 2024

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