SB 1029 — felony murder; fentanyl; sentencing

House Engrossed Senate BillEngrossed felony murder;

sentencing (now:State of Arizona Senate Fifty-sixth Legislature First Regular Session SENATE BILL 1029 AN ACT AMENDING SECTION 13-1105, ARIZONA REVISED STATUTES;

marijuanaRELATING tax;TO HOMICIDE.

collection;

report;

enforcement) State of Arizona Senate Fifty-sixth Legislature First Regular Session SENATE BILL 1029 AN ACT AMENDING TITLE 36, CHAPTER 28.2, ARIZONA REVISED STATUTES, BY ADDING SECTION 36-2866;

RELATING TO MARIJUANA.

SubjectSection to13-1105, the requirements of article IV, part 1, section 1, Constitution of Arizona, title 36, chapter 28.2, Arizona Revised Statutes, is amended by adding section 36-2866, to read:

36-2866.13-1105.

DepartmentFirst ofdegree revenue;murder;

marijuanaclassification taxA. collections report;

departmentA ofperson healthcommits services;first degree murder if:

analysis;1.

enforcementIntending A.or knowing that the person's conduct will cause death, the person causes the death of another person, including an unborn child, with premeditation or, as a result of causing the death of another person with premeditation, causes the death of an unborn child.

ON2. OR BEFORE AUGUST 31 OF EACH YEAR, THE DEPARTMENT OF REVENUE SHALL PROVIDE TO THE DEPARTMENT OF HEALTH SERVICES A REPORT OF THE PREVIOUS FISCAL YEAR'S MARIJUANA TAX COLLECTIONS FROM MARIJUANA ESTABLISHMENTS AND NONPROFIT MEDICAL MARIJUANA DISPENSARIES.

Acting either alone or with one or more other persons the person commits or attempts to commit sexual conduct with a minor under section 13-1405, sexual assault under section 13-1406, molestation of a child under section 13-1410, terrorism under section 13-2308.01, marijuana offenses under section 13-3405, subsection A, paragraph 4, dangerous drug offenses under section 13-3407, subsection A, paragraphs 4 and 7, narcotics offenses under section 13-3408, subsection A, paragraph 7 that equal or exceed the statutory threshold amount for each offense or combination of offenses, NARCOTICS OFFENSES UNDER SECTION 13-3408, SUBSECTION A, PARAGRAPHS 2, 4 AND 7 IF THE NARCOTIC INVOLVED IS FENTANYL, THE NARCOTICS OFFENSE WAS COMMITTED AS PART OF THE PERSON'S ASSOCIATION WITH AND PARTICIPATION IN THE CONDUCT OF AN ENTERPRISE AS DEFINED IN SECTION 13-2301, SUBSECTION D, PARAGRAPH 2 THAT IS ENGAGED IN DEALING IN ILLEGAL DRUGS AND THE PERSON ORGANIZED, MANAGED, DIRECTED, SUPERVISED OR FINANCED THE ENTERPRISE WITH THE INTENT TO PROMOTE OR FURTHER ITS CRIMINAL OBJECTIVES, involving or using minors in drug offenses under section 13-3409, drive by shooting under section 13-1209, kidnapping under section 13-1304, burglary under section 13-1506, 13-1507 or 13-1508, arson under section 13-1703 or 13-1704, robbery under section 13-1902, 13-1903 or 13-1904, escape under section 13-2503 or 13-2504, child abuse under section 13-3623, subsection A, paragraph 1 or unlawful flight from a pursuing law enforcement vehicle under section 28-622.01 and, in the course of and in furtherance of the offense or immediate flight from the offense, the person or another person causes the death of any person.

3.

Intending or knowing that the person's conduct will cause death to a law enforcement officer, the person causes the death of a law enforcement officer who is in the line of duty.

THEHomicide, DEPARTMENTas OFprescribed HEALTHin SERVICESsubsection SHALLA, COMPAREparagraph THE2 MARIJUANAof TAXthis COLLECTIONSsection, DATArequires PROVIDEDno PURSUANTspecific TOmental SUBSECTIONstate Aother OFthan THISwhat SECTIONis TOrequired ACTUALfor REVENUEthe ANDcommission INVENTORYof OFany MARIJUANAof ESTABLISHMENTSthe ANDenumerated NONPROFITfelonies. MEDICAL MARIJUANA DISPENSARIES.

THEC. DEPARTMENT SHALL REPORT ANY DISCREPANCIES TO THE ATTORNEY GENERAL'S OFFICE FOR INVESTIGATION AND ENFORCEMENT ACTION.

Sec.An offense under subsection A, paragraph 1 of this section applies to an unborn child in the womb at any stage of its development.

A person shall not be prosecuted under subsection A, paragraph 1 of this section if any of the following applies:

1.

The person was performing an abortion for which the consent of the pregnant woman, or a person authorized by law to act on the pregnant - 1 - S.B.

1029 woman's behalf, has been obtained or for which the consent was implied or authorized by law.

RequirementsThe forperson enactment;was performing medical treatment on the pregnant woman or the pregnant woman's unborn child.

three-fourths3. vote Pursuant to article IV, part 1, section 1, Constitution of Arizona, section 36-2866, Arizona Revised Statutes, as added by this act, is effective only on the affirmative vote of at least three-fourths of the members of each house of the legislature.

-The 1person -was the unborn child's mother.

D.

First degree murder is a class 1 felony and is punishable by death or life imprisonment as provided by sections 13-751 and 13-752.

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