SB 1344 — felony murder; fentanyl; sentencing

Fifty-sixthSenate LegislatureEngrossed Judiciaryfelony Secondmurder; Regular Session S.B.

1344fentanyl; PROPOSED SENATE AMENDMENTS TO S.B.

1344sentencing (ReferenceState toof printedArizona bill)Senate PageFifty-sixth 1,Legislature lineSecond 19,Regular afterSession "FENTANYL"SENATE insertBILL ",1344 THE OFFENSE WAS COMMITTED AS PART OF THE PERSON'S ASSOCIATION WITH AND PARTICIPATION IN THE CONDUCT OF AN ENTERPRISEACT ASAMENDING DEFINED IN SECTION 13-2301,13-1105, SUBSECTIONARIZONA D,REVISED PARAGRAPHSTATUTES; 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" Amend title to conform ANTHONY KERN 1344KERN.docx 02/14/2024 10:47 AM C:

ASRELATING TO HOMICIDE.

(TEXT OF BILL BEGINS ON NEXT PAGE) - i - S.B.

1344 Be it enacted by the Legislature of the State of Arizona:

Section 1.

Section 13-1105, Arizona Revised Statutes, is amended to read:

13-1105.

First degree murder;

classification A.

A person commits first degree murder if:

1.

Intending 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.

2.

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 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.

B.

Homicide, as prescribed in subsection A, paragraph 2 of this section, requires no specific mental state other than what is required for the commission of any of the enumerated felonies.

C.

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:

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1344 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 woman's behalf, has been obtained or for which the consent was implied or authorized by law.

2.

The person was performing medical treatment on the pregnant woman or the pregnant woman's unborn child.

3.

The person 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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