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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
narcotic drugs; sales; minor; sentencing
Purpose
Modifies sentencing requirements for persons convicted of selling a dangerous or narcotic drug if the narcotic drug sold contributed to the death of a minor.
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, a presumptive
sentence of 5 years, a maximum sentence of 10 years and an aggravated sentence
of 12.5 years. A class 2 felony for a non-dangerous, category two repetitive
offense carries a minimum sentence of 6 years, a presumptive sentence of 9.25
years, a maximum sentence of 18.5 years and an aggravated sentence of 23 years (A.R.S.
§§ 13-702;
13-703;
and 13-3408).
A person who is at least 18 years old and who is convicted of a dangerous crime against children (DCAC) involving or using minors in drug offenses faces a minimum sentence of 13 years, a presumptive sentence of 20 years and a maximum sentence of 27 years (A.R.S. § 13-705).
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 person is subject to the same sentencing ranges for a violation involving the possession of at least 200 grams of fentanyl in a motor vehicle (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. Expands the DCAC statute to include selling a dangerous or narcotic drug to a minor if the drug that was sold contributed to the death of the minor, as specified.
2. Requires a person to be sentenced to the aggravated term of imprisonment for transportation of a dangerous or narcotic drug for sale if all of the following apply:
a) the victim was a minor;
b) an initial autopsy by the county medical examiner finds that the cause of the minor's death resulted from complications of drug intoxication, overdose or the presence of a dangerous drug;
c) a required follow up autopsy performed by another county medical examiner or an independent medical examiner licensed as a physician concludes that the dangerous or narcotic drug contributed to the minor's death and that the minor would not have died but for the dangerous or narcotic drug sold.
3. Requires the convicted person to be sentenced to the maximum term of imprisonment under a different enhanced sentencing scheme for drug offenses if the drug involved was either methamphetamine or fentanyl.
4. Requires the convicted person to be sentenced to the maximum sentence allowed under the corresponding DCAC offense if the minor was under 15 years old.
5. Expands the statutory duties of the county medical examiner to include determining whether a dangerous or narcotic drug contributed to a minor's death, as well as the requirement to order a second autopsy from another county medical examiner or licensed independent medical examiner in the event of a positive determination.
6. Designates this legislation as Noah's Law.
7. Makes technical and conforming changes.
8. Becomes effective on the general effective date.
Amendments Adopted by Additional Committee of the Whole
1. Applies new enhanced sentencing requirements to the sale of both dangerous and narcotic drugs and expands the DCAC statute to include selling dangerous or narcotic drugs to a minor that contribute to the minor's death.
2. Requires a medical examiner who performs an initial autopsy on a minor, and who finds that the minor's death resulted from complications from dangerous or narcotic drug intoxication or overdose, to order a second autopsy by another county medical examiner or independent medical examiner who is a licensed physician.
3. Specifies that, if the second autopsy concludes that a dangerous or narcotic drug sold to the minor contributed to the minor's death, and that the minor would not have died if not for the drug, then new sentencing ranges apply for the person who sold the drug.
4. Modifies the new sentencing requirements for persons convicted of selling a dangerous or narcotic drug that contributes to the death of a minor by removing the minimum, presumptive and maximum sentences, and instead requiring the person be sentenced to the corresponding aggravated term of imprisonment for the offense.
5. Specifies that if the dangerous or narcotic drug sold is meth or fentanyl, the person must be sentenced to the corresponding maximum sentence for sale of a dangerous or narcotic drug involving meth or fentanyl.
6. Specifies that, if the minor who dies was under 15 years old, the person must be given the maximum sentence for a DCAC involving the sale of a dangerous or narcotic drug to a minor that contributes to the minor's death.
7. Adds determining whether a dangerous or narcotic drug contributed to the death of a minor to the statutory duties of the county medical examiner.
8. Makes technical and conforming changes.
Senate Action
JUDE 1/28/26 DP 4-3-0
Prepared by Senate Research
March 11, 2026
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