Assigned to JUDE FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
narcotic drugs; death; sentence enhancement
Purpose
Establishes a specific sentencing range for persons convicted of selling a narcotic drug if the narcotic drug sold contributed to the death of another person.
Background
A person is guilty of a class 2 felony if they knowingly transport,
import, offer to transport or import, sell, transfer or offer to sell or
transfer 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).
A person convicted of knowingly transporting, importing, offering to transport or import, selling, transferring or offering to sell or transfer fentanyl in an amount of at least 200 grams is subject to a specific sentencing range, consisting of a minimum term of imprisonment of 5 calendar years, a presumptive term of 10 calendar years or a maximum term of 15 calendar years. A person who has previously been convicted of this offense faces a minimum term of imprisonment of 10 calendar years, a presumptive term of 15 calendar years or a maximum term of 20 calendar years (A.R.S. § 13-3408).
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, which carries a presumptive sentence of 5 years, except that the minimum, presumptive and maximum sentences must be increased by 5 years (A.R.S. § 13-3424).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Establishes a specific sentencing range for a person convicted of selling a narcotic drug if the narcotic drug sold contributed to the death of another person, as follows:
a) minimum sentence, 15 calendar years;
b) presumptive sentence, 20 calendar years; and
c) maximum sentence, 25 calendar years.
2. Makes technical and conforming changes.
3. Becomes effective on the general effective date.
Prepared by Senate Research
February 7, 2025
ZD/ci