ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session
	Senate: JUDE DP 4-2-1-0 | 3^rd Read 18-10-0-2 House: JUD DP 6-3-0-0

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SB1621: narcotic drugs; death; sentence enhancement

Sponsor: Senator Werner, LD 4

House Engrossed

Overview

Introduces mandatory enhanced sentencing for the sale of a narcotic drug that is associated with the death of another person.

History

Under A.R.S. § 13-3408, if a person possesses or transports a narcotic drug for sale, he is guilty of a class 2 felony. For a first offence class 2 felony the sentencing is as follows:

1) minimum sentence of 4 years;

2) presumptive sentence of 5 years; and 

3) maximum sentence of 10 years (A.R.S. § 13-702).

Proposition 314, passed by the voters in 2024, established a separate criminal classification penalizing the sale of lethal fentanyl if the fentanyl causes the death of another person. A person convicted of the sale of lethal fentanyl is guilty of a class 2 felony, with the minimum, presumptive and maximum sentences increased by 5 years (A.R.S. § 13-3424).

Provisions

1. Establishes the following enhanced sentencing for a narcotic drug sale that contributed to the death of another person where the person would not have died but for the drug sold:

a) minimum sentence of 10 years;

b) presumptive sentence of 16 years; and 

c) maximum sentence of 25 years. (Sec. 1)

2. Designates this legislation with the short title Noah's Law. (Sec. 2)

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                        SB 1621

Initials NM/DC         Page 0 House Engrossed

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