HB 2673 — mandatory minimum sentences; judicial discretion

HOUSEHB2673 FLOOR- AMENDMENT551R EXPLANATION- BillH Number:HBVer 2673  Floor  Amendment  JohnHouse 1.Engrossed   mandatory minimum sentences;

Changesjudicial thediscretion phrase  from  consensual  conduct  toState voluntaryof conduct.Arizona House of Representatives Fifty-fifth Legislature First Regular Session   HOUSE BILL 2673       AN ACT   amending title 13, chapter 7, Arizona Revised Statutes, by adding section 13-719;

relating to sentencing.

    (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 13-719, to read:

START_STATUTE13-719.

Mandatory prison sentence;

judicial discretion;

annual report A.

Notwithstanding any other law, when sentencing a defendant who is convicted of an offense that requires a mandatory prison sentence, the court may depart from the applicable mandatory prison sentence and impose a shorter prison sentence or suspend the sentence and impose a term of probation if the court finds that, in giving due regard to the nature of the offense and the defendant's history and character, both of the following apply:

1.

The imposition of the mandatory prison sentence would result in an injustice to the defendant.

RemovesThe themandatory requirementprison forsentence theis Courtsnot tonecessary submitfor anthe annualprotection reportof outlining the costpublic. savings for departing from mandatory minimum sentencing.

AmendmentB. explanation prepared by Lauren Cook Phone Number (602) 926-3148 lc 2/11/2021 Fifty-fifth Legislature John First Regular Session H.B.

2673This JOHNsection FLOORdoes AMENDMENTnot HOUSEapply OFto REPRESENTATIVESa AMENDMENTSconviction TOfor H.B.any of the following:

26731. (Reference to printed bill) Page 1, line 5, after "report" strike remainder of line Line 26, strike "CONSENSUAL" insert "VOLUNTARY" Line 28, after "ENTERPRISE" insert a period strike remainder of line Strike line 29 Strike lines 36 through 38 Amend title to conform JOEL JOHN 2673FloorJOHN 02/08/2021 03:35 PM C:

SPAn offense involving death or serious physical injury to another person.

2.

An offense that is listed in chapter 14 of this title and that is committed by the defendant against a minor, other than an offense involving sexual conduct if the victim was fifteen, sixteen or seventeen years of age, the defendant was under nineteen years of age or attending high school and was not more than twenty-four months older than the victim, and the conduct was voluntary.

3.

An offense in which the defendant engages in a continuing criminal enterprise.

C.

The court shall state on the record in each case in which the court departs from a mandatory prison sentence the reason for departing from the mandatory prison sentence.

D.

The administrative office of the courts shall submit an annual report to the Arizona criminal justice commission that contains the name, age, race and gender of the defendant for each case in which the court departed from a mandatory prison sentence.

END_STATUTE Sec. 2.

Short title This act may be cited as the "Arizona Judicial Discretion Act".