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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: JUDE DP 4-3-0-0 | Third Read 17-9-4-0-0 |
SB 1170: narcotic drugs; sales; minor; sentencing
Sponsor: Senator Werner, LD 4
Committee on Judiciary
Overview
Enhances sentencing for selling a dangerous drug or narcotic drug to a minor when the drug contributed to and was a but-for cause of the minor’s death, makes those offenses a dangerous crime against children (DCAC) when the victim is under 15 years of age.
History
A person may not knowingly transport for sale, import, sell, transfer or offer to sell or transfer either a dangerous drug or a narcotic drug; a violation is generally a class 2 felony. If the aggregate amount involved equals or exceeds the statutory threshold amount, a person convicted of certain sale-related offenses under either statute is not eligible for probation or early release until the sentence is served or commuted. For methamphetamine offenses and fentanyl sale offenses involving at least 200 grams sold to another person, statute establishes an enhanced sentencing schema (A.R.S. §§ 13-3407; 13-3408).
Under current law, DCAC applies to listed offenses committed against a minor who is under 15 years of age. The listed offenses currently include involving or using minors in drug offenses. A DCAC sentence generally must be served without suspension of sentence, probation, pardon or release until served or commuted, and most such sentences must run consecutively (A.R.S. § 13-705).
Provisions
1. Establishes that, if a person is convicted of selling a dangerous or narcotic drug, the victim of the offense was a minor and an initial autopsy finds that the minor’s death resulted from complications of drug intoxication, then the medical examiner must order a second autopsy by another medical examiner. (Sec. 3, 4)
2. Requires an offender, in the aforesaid case where a minor died due to drug intoxication, to be sentenced to the aggravated term of imprisonment, for transportation of a dangerous or narcotic drug for sale, if the second autopsy concludes that the drug sold to the minor contributed to the minor’s death and that the minor would not have died but for the drug. (Sec. 3, 4)
3. Stipulates that an offender in the aforesaid case is to be sentenced to an enhanced sentencing schema if the drug involved was either methamphetamine or fentanyl or the minor was under 15 years old. (Sec. 3, 4)
4. Adds the aforesaid dangerous or narcotic drug offences to the list of DCACs. (Sec. 2)
5. Requires the county medical examiner or alternate medical examiner to carry out the duties specified in this legislation's new dangerous-drug and narcotic-drug sentencing provisions. (Sec. 1)
6. Adds the aforesaid dangerous or narcotic drug offences to the list of DCACs. (Sec. 2)
7. Requires the county medical examiner or alternate medical examiner to carry out the duties specified in this legislation's new dangerous-drug and narcotic-drug sentencing provisions. (Sec. 1)
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11. Initials NM SB 1170
12. 3/19/2026 Page 0 Judiciary
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