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REFERENCE TITLE: mandatory prison sentences; judicial discretion |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SB 1275 |
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Introduced by Senator Gowan
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AN ACT
amending title 13, chapter 7, Arizona Revised Statutes, by adding section 13-722; relating to sentencing and imprisonment.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 7, Arizona Revised Statutes, is amended by adding section 13-722, to read:
13-722. Mandatory term of imprisonment; judicial discretion; definitions
A. Notwithstanding any other law, when sentencing a defendant who is convicted of an offense that requires a mandatory term of imprisonment, the court may impose a lesser term of imprisonment or suspend the sentence and impose a term of probation if the court finds that all of the following apply:
1. imposing the mandatory term of imprisonment would result in an injustice to the defendant.
2. The mandatory term of imprisonment is not necessary for the protection of the public.
3. The defendant has a mental health condition related to the defendant's:
(a) military service if the defendant is a military member or veteran.
(b) employment as a first responder if the defendant is or was a first responder.
B. This section does not apply to a conviction for any of the following:
1. An offense involving the death of or serious physical injury to another person.
2. A domestic violence offense as defined in section 13-3601 or a violation of chapter 14 or 35.1 of this title.
3. An offense in which the defendant engages in a continuing criminal enterprise.
C. if the court imposes a lesser term of imprisonment or suspends the sentence, the court shall state on the record the reason for departing from the mandatory term of imprisonment.
D. For the purposes of this section:
1. "First responder" means:
(a) A peace officer.
(b) A firefighter, a fire marshal, a fire inspector, an emergency medical care technician or a paramedic.
(c) a tribal police officer.
2. "Military member" means an individual who serves in the uniformed services of the United States, including all regular, reserve and national guard components of the United States army, navy, air force, space force, marine corps and coast guard.
(a) Honorable conditions.
(b) Dishonorable conditions if the person has been diagnosed with a mental health condition, including:
(i) A substance use disorder.
(ii) Military sexual trauma.
(iii) A traumatic brain injury.