ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

 

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HB 2671: chronic felony offenders; juveniles

Sponsor: Representative Hernandez C, LD 21

Committee on Government

Overview

Revises the definition of chronic felony offender to include only convictions for class 1, 2 or 3 felonies.

History

A chronic felony offender is a juvenile who has had two prior and separate adjudications and dispositions for conduct that would constitute a historical prior felony conviction if the juvenile had been tried as an adult.

The county attorney can bring a criminal prosecution against a juvenile in the same manner as an adult if the juvenile is at least 14 years old at the time of allegedly committing: 1) a class 1 or 2 felony; 2) certain class 3 felonies; 3) a class 3, 4, 5 or 6 felony involving a dangerous offense; 4) any felony offense committed by a chronic felony offender; or 6) any offense that is properly joined to one of these offenses. A criminal prosecution must be brought against a juvenile in the same manner as an adult if the juvenile has been accused of a criminal offense and has a historical prior felony conviction.

In such cases, when the county attorney files a complaint or indictment, they also must file a notice stating that the juvenile is a chronic felony offender. The juvenile may move to hold a hearing to determine if they are a chronic felony offender. The hearing is held after arraignment and before trial. On a preponderance of evidence, if the juvenile is found to be a chronic felony offender, the criminal prosecution will continue. Additionally, if the juvenile does not file a motion for hearing, the criminal prosecution will continue (A.R.S. § 13-501).

Provisions

1.   Specifies that a juvenile must have two prior and separate adjudications and dispositions that were classified as class 1, 2 or 3 felonies to be a chronic felony offender. (Sec. 1)

2.   Makes technical changes. (Sec. 1)

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6.   Initials ML/MN               HB 2671

7.   2/3/2026    Page 0 Government

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