Arizona 57th Legislature - Second Regular Session Status: In Committee 1 R cosponsors

SB 1285 — prisoners; correctional facilities; sentencing

Last action — FAILED

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 57th Legislature - Second Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

829 added · 230 removed

Plain-language change summary

The recent amendment to Bill SB 1285 involves significant changes to definitions and provisions concerning cannabis and other substances. Notably, the reference to prisoners and correctional facilities has been removed, indicating a shift in focus from sentencing and prison policies to substance definitions. This matters because it highlights a potential legislative prioritization of drug-related issues over corrections, possibly reflecting a broader policy shift towards addressing drug use and its implications.

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REFERENCE TITLE:
Fifty-seventh Legislature Judiciary and Elections Second Regular Session S.B.
prisoners;
1285 PROPOSED SENATE AMENDMENTS TO S.B.
correctional facilities;
1285 (Reference to printed bill) Strike everything after the enacting clause and insert:
sentencing State of Arizona Senate Fifty-seventh Legislature Second Regular Session SB 1285 Introduced by Senator Bolick AN ACT AMENDING SECTIONS 13-711, 13-751 AND 13-1206, ARIZONA REVISED STATUTES;
"Section 1.
RELATING TO CORRECTIONAL FACILITIES.
Section 13-3401, Arizona Revised Statutes, is amended to read:
(TEXT OF BILL BEGINS ON NEXT PAGE) - i - SB 1285 Be it enacted by the Legislature of the State of Arizona:
13-3401.
Section 1.
Definitions In this chapter, unless the context otherwise requires:
Section 13-711, Arizona Revised Statutes, is amended to read:
13-711.
Multiple sentences of imprisonment;
concurrent and consecutive determinations A.
Except as otherwise provided by law, if multiple sentences of imprisonment are imposed on a person at the same time, the sentences imposed by the court may run consecutively or concurrently, as determined by the court.
The court shall state on the record the reason for its determination.
B.
Notwithstanding subsection A of this section, if a person is subject to an undischarged term of imprisonment and is sentenced to an additional term of imprisonment for a felony offense that is committed while the person is under the jurisdiction of the state department of corrections, IMPRISONED IN A PRIVATELY OWNED CORRECTIONAL FACILITY OR IN THE CUSTODY OF A FEDERAL PRISON OR DETENTION CENTER, the sentence imposed by the court shall run consecutively to the undischarged term of imprisonment.
Sec.
2.
Section 13-751, Arizona Revised Statutes, is amended to read:
13-751.
Sentence of death or life imprisonment;
aggravating and mitigating circumstances;
definition A.
If the state has filed a notice of intent to seek the death penalty and the defendant is:
Convicted of first degree murder pursuant to section 13-1105, subsection A, paragraph 1 or 3 and was at least eighteen years of age at the time of the commission of the offense, the defendant shall be sentenced to death or imprisonment in the custody of the state department of corrections for natural life as determined and in accordance with the procedures provided in section 13-752.
"Administer" means to apply, inject or facilitate the inhalation or ingestion of a substance to the body of a person.
A defendant who is sentenced to natural life is not eligible for commutation, parole, work furlough, work release or release from confinement on any basis.
Convicted of first degree murder pursuant to section 13-1105 and was under eighteen years of age at the time of the commission of the offense, the defendant shall be sentenced to imprisonment in the custody of the state department of corrections for life or natural life, as determined and in accordance with the procedures provided in section 13-752.
"Amidone" means any substance identified chemically as (4-4-diphenyl-6-dimethylamine-heptanone-3), or any salt of such substance, by whatever trade name designated.
A defendant who is sentenced to natural life is not eligible for commutation, parole, work furlough, work release or release from confinement on any basis.
If the defendant is sentenced to life, the defendant shall not be released on any basis until the completion of the service of twenty-five calendar years if the murdered person was fifteen or more years of age and thirty-five years if the murdered person was under fifteen years of age or was an unborn child.
- 1 - SB 1285 3.
Convicted of first degree murder pursuant to section 13-1105, subsection A, paragraph 2, the defendant shall be sentenced to death or imprisonment in the custody of the state department of corrections for life or natural life as determined and in accordance with the procedures provided in section 13-752.
A defendant who is sentenced to natural life is not eligible for commutation, parole, work furlough, work release or release from confinement on any basis.
If the defendant is sentenced to life, the defendant shall not be released on any basis until the completion of the service of twenty-five calendar years if the murdered person was fifteen or more years of age and thirty-five years if the murdered person was under fifteen years of age or was an unborn child.
B.
At the aggravation phase of the sentencing proceeding that is held pursuant to section 13-752, the admissibility of information relevant to any of the aggravating circumstances set forth in subsection F of this section shall be governed by the rules of evidence applicable to criminal trials.
The burden of establishing the existence of any of the aggravating circumstances set forth in subsection F of this section is on the prosecution.
The prosecution must prove the existence of the aggravating circumstances beyond a reasonable doubt.
C.
At the penalty phase of the sentencing proceeding that is held pursuant to section 13-752, the prosecution or the defendant may present any information that is relevant to any of the mitigating circumstances included in subsection G of this section, regardless of its admissibility under the rules governing admission of evidence at criminal trials.
The burden of establishing the existence of the mitigating circumstances included in subsection G of this section is on the defendant.
The defendant must prove the existence of the mitigating circumstances by a preponderance of the evidence.
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If the trier of fact is a jury, the jurors do not have to agree unanimously that a mitigating circumstance has been proven to exist.
Each juror may consider any mitigating circumstance found by that juror in determining the appropriate penalty.
D.
Evidence that is admitted at the trial and that relates to any aggravating or mitigating circumstances shall be deemed admitted as evidence at a sentencing proceeding if the trier of fact considering that evidence is the same trier of fact that determined the defendant's guilt.
The prosecution and the defendant shall be permitted to rebut any information received at the aggravation or penalty phase of the sentencing proceeding and shall be given fair opportunity to present argument as to whether the information is sufficient to establish the existence of any of the circumstances included in subsections F and G of this section.
E.
In determining whether to impose a sentence of death or life imprisonment, the trier of fact shall take into account the aggravating and mitigating circumstances that have been proven.
The trier of fact shall impose a sentence of death if the trier of fact finds one or more of the aggravating circumstances enumerated in subsection F of this section - 2 - SB 1285 and then determines that there are no mitigating circumstances sufficiently substantial to call for leniency.
F.
The trier of fact shall consider the following aggravating circumstances in determining whether to impose a sentence of death:
1.
The defendant has been convicted of another offense in the United States for which under Arizona law a sentence of life imprisonment or death was imposable.
2.
The defendant has been or was previously convicted of a serious offense, whether preparatory or completed.
Convictions for serious offenses committed on the same occasion as the homicide, or not committed on the same occasion but consolidated for trial with the homicide, shall be treated as a serious offense under this paragraph.
The defendant procured the commission of the offense by payment, or promise of payment, of anything of pecuniary value, or the defendant committed the offense as a result of payment, or a promise of payment, of anything of pecuniary value.
"Board" means the Arizona state board of pharmacy.
The defendant committed the offense in an especially heinous, cruel or depraved manner.
"Cannabis" means the following substances under whatever names they may be designated:
(a) The resin extracted from any part of a plant of the genus cannabis, and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or its resin.
Cannabis does not include oil or cake made from the seeds of such plant, any fiber, compound, manufacture, salt, derivative, mixture or preparation of the mature stalks of such plant except the resin extracted from the stalks or any fiber, oil or cake or the sterilized seed of such plant which is incapable of germination.
(b) Every compound, manufacture, salt, derivative, mixture or preparation of such resin or tetrahydrocannabinol.
The defendant committed the offense while:
"Coca leaves" means cocaine, its optical isomers and any compound, manufacture, salt, derivative, mixture or preparation of coca leaves, except derivatives of coca leaves which do not contain cocaine, ecgonine or substances from which cocaine or ecgonine may be synthesized or made.
(a) In the custody of or on authorized or unauthorized release from the state department of corrections, A FACILITY THAT CONTRACTS WITH THE STATE DEPARTMENT OF CORRECTIONS FOR THE CONFINEMENT OF PERSONS WHO ARE COMMITTED TO THE DEPARTMENT, A PRIVATE CORRECTIONAL FACILITY, A FEDERAL PRISON OR DETENTION CENTER, a law enforcement agency or a county or city jail.
(b) On probation for a felony offense.
The defendant has been convicted of one or more other homicides, as defined in section 13-1101, that were committed during the commission of the offense.
"Dangerous drug" means the following by whatever official, common, usual, chemical or trade name designated:
(a) Any material, compound, mixture or preparation that contains any quantity of the following hallucinogenic substances and their salts, isomers, whether optical, positional or geometric, and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:
(i) Alpha-ethyltryptamine.
(ii) Alpha-methyltryptamine.
(iii) (2-aminopropyl) benzofuran (APB).
(iv) (2-aminopropyl)-2, 3-dihydrobenzofuran (APDB).
Senate Amendments to S.B.
1285 (v) Aminorex.
(vi) 4-bromo-2, 5-dimethoxyphenethylamine.
(vii) 4-bromo-2, 5-dimethoxyamphetamine.
(viii) Bufotenine.
(ix) [3-(3-carbamoylphenyl)phenyl]N-cyclohexyl carbamate (URB-597).
(x) Diethyltryptamine.
(xi) 2, 5-dimethoxyamphetamine.
(xii) Dimethyltryptamine.
(xiii) (2-ethylaminopropyl)-benzofuran (EAPB).
(xiv) 5-methoxy-alpha-methyltryptamine.
(xv) 5-methoxy-3, 4-methylenedioxyamphetamine.
(xvi) 4-methyl-2, 5-dimethoxyamphetamine.
(xvii) (2-methylaminopropyl)-benzofuran (MAPB).
(xviii) Ibogaine.
(xix) Lysergic acid amide.
(xx) Lysergic acid diethylamide.
(xxi) Mescaline.
(xxii) 4-methoxyamphetamine.
(xxiii) Methoxymethylenedioxyamphetamine (MMDA).
(xxiv) Methylenedioxyamphetamine (MDA).
(xxv) 3, 4-methylenedioxymethamphetamine.
(xxvi) 3, 4-methylenedioxy-N-ethylamphetamine.
(xxvii) N-ethyl-3-piperidyl benzilate (JB-318).
(xxviii) N-hydroxy-3, 4-methylenedioxyamphetamine.
(xxix) N-methyl-3-piperidyl benzilate (JB-336).
(xxx) N-methyltryptamine mimetic substances that are any substances derived from N-methyltryptamine by any substitution at the nitrogen, any substitution at the indole ring, any substitution at the alpha carbon, any substitution at the beta carbon or any combination of the above.
N-methyltryptamine mimetic substances do not include melatonin (5-methoxy n-acetyltryptamine).
Substances in the N-methyltryptamine generic definition include AcO-DMT, Baeocystine, Bromo-DALT, DiPT, DMT, DPT, HO-DET, HO-DiPT, HO-DMT, HO-DPT, HO-MET, MeO-DALT, MeO-DET, MeO-DiPT, MeO-DMT, MeO-DPT, MeO-NMT, MET, NMT and Norbufotenin.
(xxxi) N-(1-phenylcyclohexyl) ethylamine (PCE).
(xxxii) Nabilone.
(xxxiii) 1-(1-phenylcyclohexyl) pyrrolidine (PHP).
(xxxiv) 1-(1-(2-thienyl)-cyclohexyl) piperidine (TCP).
(xxxv) 1-(1-(2-thienyl)-cyclohexyl) pyrrolidine.
(xxxvi) Para-methoxyamphetamine (PMA).
(xxxvii) Psilacetin.
(xxxviii) Psilocybin.
(xxxix) Psilocyn.
(xl) Synhexyl.
(xli) Trifluoromethylphenylpiperazine (TFMPP).
(xlii) Trimethoxyamphetamine (TMA).
(xliii) 1-pentyl-3-(naphthoyl)indole (JWH-018 and isomers).
(xliv) 1-butyl-3-(naphthoyl)indole (JWH-073 and isomers).
(xlv) 1-hexyl-3-(naphthoyl)indole (JWH-019 and isomers).
-2- Senate Amendments to S.B.
1285 (xlvi) 1-pentyl-3-(4-chloro naphthoyl)indole (JWH-398 and isomers).
(xlvii) 1-(2-(4-(morpholinyl)ethyl))-3-(naphthoyl)indole (JWH-200 and isomers).
(xlviii) 1-pentyl-3-(methoxyphenylacetyl)indole (JWH-250 and isomers).
(xlix) (2-methyl-1-propyl-1H-indol-3-YL)-1-naphthalenyl-methanone (JWH-015 and isomers).
(l) (6AR, 10AR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan2-Y) -6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol) (HU-210).
(li) 5-(1,1-dimethylheptyl)-2-(3-hydroxycyclohexyl)-phenol (CP 47,497 and isomers).
(lii) 5-(1,1-dimethyloctyl)-2-(3-hydroxycyclohexyl)-phenol (cannabicyclohexanol, CP-47,497 C8 homologue and isomers).
(liii) Xylazine.
(b) Any material, compound, mixture or preparation that contains any quantity of cannabimimetic substances and their salts, isomers, whether optical, positional or geometric, and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation.
For the purposes of this subdivision, "cannabimimetic substances" means any substances within the following structural classes:
(i) 2-(3-hydroxycyclohexyl)phenol with substitution at the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent.
Substances in the 2-(3-hydroxycyclohexyl)phenol generic definition include CP-47,497, CP-47,497 C8-Homolog, CP-55,940 and CP-56,667.
(ii) 3-(naphthoyl)indole or 3-(naphthylmethane)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or naphthyl ring to any extent.
Substances in the 3-(naphthoyl)indole generic definition include AM-678, AM-2201, JWH-004, JWH-007, JWH-009, JWH-015, JWH-016, JWH-018, JWH-019, JWH-020, JWH-046, JWH-047, JWH-048, JWH-049, JWH-050, JWH-070, JWH-071, JWH-072, JWH-073, JWH-076, JWH-079, JWH-080, JWH-081, JWH-082, JWH-094, JWH-096, JWH-098, JWH-116, JWH-120, JWH-122, JWH-148, JWH-149, JWH-175, JWH-180, JWH-181, JWH-182, JWH-184, JWH-185, JWH-189, JWH-192, JWH-193, JWH-194, JWH-195, JWH-196, JWH-197, JWH-199, JWH-200, JWH-210, JWH-211, JWH-212, JWH-213, JWH-234, JWH-235, JWH-236, JWH-239, JWH-240, JWH-241, JWH-242, JWH-262, JWH-386, JWH-387, JWH-394, JWH-395, JWH-397, JWH-398, JWH-399, JWH-400, JWH-412, JWH-413, JWH-414 and JWH-415.
(iii) 3-naphthoyl-indazole or 3-(naphthylmethane)-indazole by substitution at one or both of the nitrogen atoms of the indazole ring, whether or not further substituted on the indazole ring to any extent, whether or not substituted on the naphthoyl ring to any extent.
Substances in the 3-naphthoyl-indazole or 3-(naphthylmethane)-indazole generic definition include THJ2201 and THJ-018.
(iv) 3-(naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted on the naphthoyl ring to any -3- Senate Amendments to S.B.
1285 extent.
Substances in the 3-(naphthoyl)pyrrole generic definition include JWH-030, JWH-145, JWH-146, JWH-147, JWH-150, JWH-156, JWH-243, JWH-244, JWH-245, JWH-246, JWH-292, JWH-293, JWH-307, JWH-308, JWH-346, JWH-348, JWH-363, JWH-364, JWH-365, JWH-367, JWH-368, JWH-369, JWH-370, JWH-371, JWH-373 and JWH-392.
(v) 1-(naphthylmethylene)indene by substitution of the 3-position of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent.
Substances in the 1-(naphthylmethylene)indene generic definition include JWH-176.
(vi) 3-(phenylacetyl)indole or 3-(benzoyl)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the phenyl ring to any extent.
Substances in the 3-(phenylacetyl)indole generic definition include AM-694, AM-2233, JWH-167, JWH-201, JWH-202, JWH-203, JWH-204, JWH-205, JWH-206, JWH-207, JWH-208, JWH-209, JWH-237, JWH-248, JWH-250, JWH-251, JWH-253, JWH-302, JWH-303, JWH-304, JWH-305, JWH-306, JWH-311, JWH-312, JWH-313, JWH-314, JWH-315, JWH-316, RCS-4, RCS-8, SR-18 and SR-19.
(vii) 3-(cyclopropylmethanone) indole or 3-(cyclobutylmethanone) indole or 3-(cyclopentylmethanone) indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the cyclopropyl, cyclobutyl or cyclopentyl rings to any extent.
Substances in the 3-(cyclopropylmethanone) indole generic definition include UR-144, fluoro-UR-144 and XLR-11.
(viii) 3-adamantoylindole with substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the adamantyl ring to any extent.
Substances in the 3-adamantoylindole generic definition include AB-001.
(ix) N-(adamantyl)-indole-3-carboxamide with substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the adamantyl ring to any extent.
Substances in the N-(adamantyl)-indole-3-carboxamide generic definition include SDB-001.
(x) Indole-3-carboxamide or indazole-3-carboxamide with substitution at the nitrogen atom of the indole ring or by substitution at one or both of the nitrogen atoms of the indazole ring, whether or not further substituted on the indole ring or the indazole ring to any extent, whether or not substituted on the nitrogen of the carboxamide to any extent.
Substances in the indole-3-carboxamide or indazole-3-carboxamide generic definition include AKB-48, fluoro-AKB-48, APINACA, AB-PINACA, AB-FUBINACA, ABICA and ADBICA.
(xi) 8-Quinolinyl-indole-3-carboxylate or 8-quinolinyl-indazole-3- carboxylate by substitution at the nitrogen atom of the indole ring or by substitution at one or both of the nitrogen atoms of the indazole ring, whether or not further substituted in the indole ring or indazole ring to any extent, whether or not substituted on the quinoline ring to any -4- Senate Amendments to S.B.
1285 extent.
Substances in the 8-quinolinyl-indole-3-carboxylate or the 8-quinolinyl-indazole-3-carboxylate generic definition include PB-22, fluoro-PB-22, NPB-22 and fluoro-NPB-22.
(xii) Naphthalenyl-indole-3-carboxylate or naphthalenyl-indazole-3- carboxylate by substitution at the nitrogen atom of the indole ring or by substitution at one or both of the nitrogen atoms of the indazole ring, whether or not further substituted in the indole or indazole ring to any extent, whether or not substituted on the naphthalenyl ring to any extent.
Substances in the naphthalenyl-indole-3-carboxylate or naphthalenyl-indazole-3-carboxylate generic definition include NM2201, FDU-PB-22, SDB-005 and fluoro SDB-005.
(c) Any material, compound, mixture or preparation that contains any quantity of the following substances and their salts, isomers, whether optical, positional or geometric, and salts of isomers having a potential for abuse associated with a stimulant effect on the central nervous system:
(i) Alpha-pyrrolidinobutiophenone (Alpha-PBP).
(ii) Alpha-pyrrolidinopropiophenone (Alpha-PPP).
(iii) Alpha-pyrrolidinovalerophenone (Alpha-PVP).
(iv) Alpha-pyrrolidinovalerothiophenone (Alpha-PVT).
(v) Aminoindane mimetic substances that are derived from aminoindane by any substitution at the indane ring, replacement of the amino group with another N group or any combination of the above.
Substances in the aminoindane generic definition include MDAI, MMAI, IAI and AMMI.
(vi) Amphetamine.
(vii) Benzphetamine.
(viii) Benzylpiperazine (BZP).
(ix) Beta-keto-n-methylbenzodioxolylbutanamine (Butylone).
(x) Beta-keto-n-methylbenzodioxolylpentanamine (Pentylone).
(xi) Butorphanol.
(xii) Cathine ((+)-norpseudoephedrine).
(xiii) Cathinomimetic substances that are any substances derived from cathinone, (2-amino-1-phenyl-1-propanone) by any substitution at the phenyl ring, any substitution at the 3 position, any substitution at the nitrogen atom or any combination of the above substitutions.
(xiv) Cathinone.
(xv) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C).
(xvi) Chlorphentermine.
(xvii) Clortermine.
(xviii) Diethylpropion.
(xix) Dihydro-5H-indeno-(5,6-d)-1,3-dioxol-6-amine) (MDAI).
(xx) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E).
(xxi) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D).
(xxii) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N).
(xxiii) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).
(xxiv) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H).
(xxv) Dimethylcathinone (Metamfepramone).
(xxvi) Ethcathinone.
-5- Senate Amendments to S.B.
1285 (xxvii) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2).
(xxviii) Fencamfamin.
(xxix) Fenethylline.
(xxx) Fenproporex.
(xxxi) Fluoroamphetamine.
(xxxii) Fluoromethamphetamine.
(xxxiii) Fluoromethcathinone.
(xxxiv) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I).
(xxxv) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine(2C-T-4).
(xxxvi) Mazindol.
(xxxvii) Mefenorex.
(xxxviii) Methamphetamine.
(xxxix) Methcathinone.
(xl) Methiopropamine.
(xli) Methoxy-alpha-pyrrolidinopropiophenone (MOPPP).
(xlii) Methoxymethcathinone (methedrone).
(xliii) Methoxyphenethylamine mimetic substances that are any substances derived from 2, 5-dimethoxy-phenethylamine by any substitution at the phenyl ring, any substitution at the nitrogen atom, any substitutions at the carbon atoms of the ethylamine, or any combination of the above substitutions.
(xliv) 4-methylaminorex.
(xlv) Methyl-a-pyrrolidinobutiophenone (MPBP).
(xlvi) Methylenedioxy-alphapyrrolidinopropiophenone (MDPPP).
(xlvii) Methylenedioxyethcathinone (Ethylone).
(xlviii) Methylenedioxymethcathinone (Methylone).
(xlix) Methylenedioxypyrovalerone (MDPV).
(l) Methylmethcathinone (Mephedrone).
(li) Methylphenidate.
(lii) Modafinil.
(liii) Naphthylpyrovalerone (Naphyrone).
(liv) N-ethylamphetamine.
(lv) N, N-dimethylamphetamine.
(lvi) Pemoline.
(lvii) Phendimetrazine.
(lviii) Phenmetrazine.
(lix) Phentermine.
(lx) Pipradol.
(lxi) Propylhexedrine.
(lxii) Pyrovalerone.
(lxiii) Sibutramine.
(lxiv) Spa ((-)-1-dimethylamino-1,2-diphenylethane).
(d) Any material, compound, mixture or preparation that contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:
(i) Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, unless specifically excepted.
(ii) Alprazolam.
-6- Senate Amendments to S.B.
1285 (iii) Bromazepam.
(iv) Camazepam.
(v) Carisoprodol.
(vi) Chloral betaine.
(vii) Chloral hydrate.
(viii) Chlordiazepoxide.
(ix) Chlorhexadol.
(x) Clobazam.
(xi) Clonazepam.
(xii) Clorazepate.
(xiii) Clotiazepam.
(xiv) Cloxazolam.
(xv) Delorazepam.
(xvi) Diazepam.
(xvii) Dichloralphenazone.
(xviii) Estazolam.
(xix) Ethchlorvynol.
(xx) Ethinamate.
(xxi) Ethyl loflazepate.
(xxii) Etizolam.
(xxiii) Fenfluramine.
(xxiv) Fludiazepam.
(xxv) Flunitrazepam.
(xxvi) Flurazepam.
(xxvii) Gamma hydroxy butyrate.
(xxviii) Glutethimide.
(xxix) Halazepam.
(xxx) Haloxazolam.
(xxxi) Hydroxyphencyclidine (HO-PCP).
(xxxii) Ketamine.
(xxxiii) Ketazolam.
(xxxiv) Loprazolam.
(xxxv) Lorazepam.
(xxxvi) Lormetazepam.
(xxxvii) Lysergic acid.
(xxxviii) Mebutamate.
(xxxix) Mecloqualone.
(xl) Medazepam.
(xli) Meprobamate.
(xlii) Methaqualone.
(xliii) Methohexital.
(xliv) 2-(methoxyphenyl)-2-(ethylamino)cyclohexanone (Methoxetamine).
(xlv) 2-(methoxyphenyl)-2-(methylamino)cyclohexanone (Methoxyketamine).
(xlvi) Methoxyphencyclidine(MeO-PCP).
(xlvii) Methyprylon.
(xlviii) Midazolam.
(xlix) Nimetazepam.
-7- Senate Amendments to S.B.
1285 (l) Nitrazepam.
(li) Nordiazepam.
(lii) Oxazepam.
(liii) Oxazolam.
(liv) Paraldehyde.
(lv) Petrichloral.
(lvi) Phencyclidine (PCP).
(lvii) Phencyclidine mimetic substances that are any substances derived from phenylcyclohexylpiperidine by any substitution at the phenyl ring, any substitution at the piperidine ring, any substitution at the cyclohexyl ring, any replacement of the phenyl ring or any combination of the above.
Substances in the phenylcyclohexylpiperidine generic definition include Amino-PCP, BCP, Bromo-PCP, BTCP, Chloro-PCP, Fluoro-PCP, HO-PCP, MeO-PCP, Methyl-PCP, Nitro-PCP, Oxo-PCP, PCE, PCM, PCPY, TCP and TCPY.
(lviii) Pinazepam.
(lix) Prazepam.
(lx) Scopolamine.
(lxi) Sulfondiethylmethane.
(lxii) Sulfonethylmethane.
(lxiii) Sulfonmethane.
(lxiv) Quazepam.
(lxv) Temazepam.
(lxvi) Tetrazepam.
(lxvii) Tiletamine.
(lxviii) Triazolam.
(lxix) Zaleplon.
(lxx) Zolazepam.
(lxxi) Zolpidem.
(lxxii) Zopiclone.
(e) Any material, compound, mixture or preparation that contains any quantity of the following anabolic steroids and their salts, isomers or esters:
(i) Boldenone.
(ii) Clostebol (4-chlorotestosterone).
(iii) Dehydrochloromethyltestosterone.
(iv) Drostanolone.
(v) Ethylestrenol.
(vi) Fluoxymesterone.
(vii) Formebulone (formebolone).
(viii) Mesterolone.
(ix) Methandriol.
(x) Methandrostenolone (methandienone).
(xi) Methenolone.
(xii) Methyltestosterone.
(xiii) Mibolerone.
(xiv) Nandrolone.
(xv) Norethandrolon.
(xvi) Oxandrolone.
-8- Senate Amendments to S.B.
1285 (xvii) Oxymesterone.
(xviii) Oxymetholone.
(xix) Stanolone (4-dihydrotestosterone).
(xx) Stanozolol.
(xxi) Testolactone.
(xxii) Testosterone.
(xxiii) Trenbolone.
The defendant was an adult at the time the offense was committed or was tried as an adult and the murdered person was under fifteen years of age, was an unborn child in the womb at any stage of its development or was seventy years of age or older.
"Deliver" means the actual, constructive or attempted exchange from one person to another, whether or not there is an agency relationship.
The murdered person was an on duty peace officer who was killed in the course of performing the officer's official duties and the defendant knew, or should have known, that the murdered person was a peace officer.
"Director" means the director of the department of health services.
The defendant committed the offense with the intent to promote, further or assist the objectives of a criminal street gang or criminal syndicate or to join a criminal street gang or criminal syndicate.
"Dispense" means distribute, leave with, give away, dispose of or deliver.
The defendant committed the offense to prevent a person's cooperation with an official law enforcement investigation, to prevent a person's testimony in a court proceeding, in retaliation for a person's cooperation with an official law enforcement investigation or in retaliation for a person's testimony in a court proceeding.
"Drug court program" means a program that is established pursuant to section 13-3422 by the presiding judge of the superior court in cooperation with the county attorney in a county for the purpose of prosecuting, adjudicating and treating drug dependent persons who meet the criteria and guidelines for entry into the program that are developed and agreed on by the presiding judge and the prosecutor.
- 3 - SB 1285 G.
The trier of fact shall consider as mitigating circumstances any factors proffered by the defendant or the state that are relevant in determining whether to impose a sentence less than death, including any aspect of the defendant's character, propensities or record and any of the circumstances of the offense, including but not limited to the following:
1.
The defendant's capacity to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law was significantly impaired, but not so impaired as to constitute a defense to prosecution.
2.
The defendant was under unusual and substantial duress, although not such as to constitute a defense to prosecution.
3.
The defendant was legally accountable for the conduct of another under section 13-303, but his participation was relatively minor, although not so minor as to constitute a defense to prosecution.
4.
The defendant could not reasonably have foreseen that his conduct in the course of the commission of the offense for which the defendant was convicted would cause, or would create a grave risk of causing, death to another person.
5.
The defendant's age.
H.
For the purposes of determining whether a conviction of any dangerous crime against children is a serious offense pursuant to this section, an unborn child shall be treated like a minor who is under twelve years of age.
I.
In this section, for purposes of punishment an unborn child shall be treated like a minor who is under twelve years of age.
J.
For the purposes of this section, "serious offense" means any of the following offenses if committed in this state or any offense committed outside this state that if committed in this state would constitute one of the following offenses:
1.
First degree murder.
2.
Second degree murder.
3.
Manslaughter.
4.
Aggravated assault resulting in serious physical injury or committed by the use, threatened use or exhibition of a deadly weapon or dangerous instrument.
5.
Sexual assault.
6.
Any dangerous crime against children.
7.
Arson of an occupied structure.
8.
Robbery.
9.
Burglary in the first degree.
10.
Kidnapping.
Sexual conduct with a minor under fifteen years of age.
"Drug dependent person" means a person who is using a substance that is listed in paragraph 6, 19, 20, 21 or 28 of this section and who is in a state of psychological or physical dependence, or both, arising from the use of that substance.
Burglary in the second degree.
"Federal act" has the same meaning prescribed in section 32-1901.
Terrorism.
"Isoamidone" means any substance identified chemically as (4-4-diphenyl-5-methyl-6-dimethylaminohexanone-3), or any salt of such substance, by whatever trade name designated.
- 4 - SB 1285 Sec.
14.
3.
"Isonipecaine" means any substance identified chemically as (1-methyl-4-phenyl-piperidine-4-carboxylic acid ethyl ester), or any salt of such substance, by whatever trade name designated.
Section 13-1206, Arizona Revised Statutes, is amended to read:
15.
13-1206.
"Ketobemidone" means any substance identified chemically as (4-(3-hydroxyphenyl)-1-methyl-4-piperidylethyl ketone hydrochloride), or any salt of such substance, by whatever trade name designated.
Dangerous or deadly assault by prisoner or juvenile;
16.
classification;
"Licensed" or "permitted" means authorized by the laws of this state to do certain things.
definition A.
17.
A person, while in the custody of the state department of corrections, the department of juvenile corrections, a law enforcement agency or a county or city jail A CORRECTIONAL FACILITY, who commits an assault involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or who intentionally or knowingly inflicts serious physical injury upon ON another person is guilty of a class 2 felony.
"Manufacture" means produce, prepare, propagate, compound, mix or process, directly or indirectly, by extraction from substances of natural origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.
If the person is an adult or is a juvenile convicted as an adult pursuant to section 8-327 or 13-501 or the rules of procedure for the juvenile court, the person shall not be IS NOT eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the sentence imposed by the court has been served or commuted.
Manufacture includes any packaging or repackaging or labeling or relabeling of containers.
A sentence imposed pursuant to this section shall be consecutive to any other sentence presently being served by the convicted person.
Manufacture does not include any producing, preparing, propagating, compounding, mixing, processing, packaging or labeling done in conformity with applicable state and local laws and rules by a licensed practitioner incident to and in the course of his licensed practice.
B.
18.
FOR THE PURPOSES OF THIS SECTION, "CORRECTIONAL FACILITY" MEANS ANY OF THE FOLLOWING:
"Manufacturer" means a person who manufactures a narcotic or dangerous drug or other substance controlled by this chapter.
1.
-9- Senate Amendments to S.B.
THE STATE DEPARTMENT OF CORRECTIONS.
1285 19.
"Marijuana" means all parts of any plant of the genus cannabis, from which the resin has not been extracted, whether growing or not, and the seeds of such plant.
Marijuana does not include the mature stalks of such plant or the sterilized seed of such plant which is incapable of germination.
20.
"Narcotic drugs" means the following, whether of natural or synthetic origin and any substance neither chemically nor physically distinguishable from them:
(a) Acetyl-alpha-methylfentanyl.
(b) Acetylmethadol.
(c) Alfentanil.
(d) Allylprodine.
(e) Alphacetylmethadol.
(f) Alphameprodine.
(g) Alphamethadol.
(h) Alpha-methylfentanyl.
(i) Alpha-methylthiofentanyl.
(j) Alphaprodine.
(k) Amidone (methadone).
(l) Anileridine.
(m) Benzethidine.
(n) Benzylfentanyl.
(o) Betacetylmethadol.
(p) Beta-hydroxyfentanyl.
(q) Beta-hydroxy-3-methylfentanyl.
(r) Betameprodine.
(s) Betamethadol.
(t) Betaprodine.
(u) Bezitramide.
(v) Buprenorphine and its salts.
(w) Butonitazene.
(x) Cannabis.
(y) Carfentanil.
(z) 4-chloro-n-[-1-[2-(4-nitrophenyl)ethyl]-2-piperidinylidene]benz enesulfonamide (W-18).
(aa) 4-chloro-n-[1-(2-pheylethyl)-2-piperidinylidene] benzenesulfonamide (W-15).
(bb) Clonitazene.
(cc) Coca leaves.
(dd) 1-cyclohexyl-4-(1,2-diphenylethyl)piperazine (MT-45).
(ee) Dextromoramide.
(ff) Dextropropoxyphene.
(gg) Diampromide.
(hh) 3,4-dichloro-n-(-[1-(dimethylamino)cyclohexyl]methyl)-benzamid e (AH-7921).
(ii) 3,4-dichloro-n-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide (U-47700).
(jj) Diethylthiambutene.
(kk) Difenoxin.
-10- Senate Amendments to S.B.
1285 (ll) Dihydrocodeine.
(mm) Dimenoxadol.
(nn) Dimepheptanol.
(oo) Dimethylthiambutene.
(pp) Dioxaphetyl butyrate.
(qq) Diphenidine (DEP).
(rr) Diphenoxylate.
(ss) Dipipanone.
(tt) Ephenidine.
(uu) Ethylmethylthiambutene.
(vv) Etodesnitazene.
(ww) Etonitazene.
(xx) Etonitazepyne.
(yy) Etoxeridine.
(zz) Fentanyl.
(aaa) Fentanyl mimetic substances that are any substances derived from fentanyl by any substitution in the phenethyl group, any substitution in the piperidine ring, any substitution in the aniline ring, any replacement of the phenyl portion of the phenethyl group, any replacement of the N-propionyl group or any combination of the above.
(bbb) Flunitazene.
(ccc) Furethidine.
(ddd) 7-HYDROXYMITRAGYNINE.
(ddd) (eee) Hydroxypethidine.
(eee) (fff) Isoamidone (isomethadone).
(fff) (ggg) Isophenidine.
(ggg) (hhh) Isotonitazene.
(hhh) (iii) Pethidine (meperidine).
(iii) (jjj) Ketobemidone.
(kkk) KRATOM.
(jjj) (lll) Lefetamine.
(kkk) (mmm) Levomethorphan.
(lll) (nnn) Levomoramide.
(mmm) (ooo) Levophenacylmorphan.
(nnn) (ppp) Levorphanol.
(ooo) (qqq) Metazocine.
(ppp) (rrr) Methoxphenidine (MXP).
(qqq) (sss) 3-methylfentanyl.
(rrr) (ttt) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP).
(sss) (uuu) 3-methylthiofentanyl.
(ttt) (vvv) Metodesnitazene.
(uuu) (www) Metonitazene.
(xxx) MITRAGYNINE AND ANY SUBSTANCE THAT IS DERIVED FROM THE MITRAGYNA SPECIOSA PLANT.
(vvv) (yyy) Morpheridine.
(www) (zzz) Noracymethadol.
(xxx) (aaaa) Norlevorphanol.
(yyy) (bbbb) Normethadone.
(zzz) (cccc) Norpipanone.
-11- Senate Amendments to S.B.
1285 (aaaa) (dddd) Opium.
(bbbb) (eeee) Para-fluorofentanyl.
(cccc) (ffff) Pentazocine.
(dddd) (gggg) Phenadoxone.
(eeee) (hhhh) Phenampromide.
(ffff) (iiii) Phenazocine.
(gggg) (jjjj) 1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine (PEPAP).
(hhhh) (kkkk) Phenomorphan.
(iiii) (llll) Phenoperidine.
(jjjj) (mmmm) Piminodine.
(kkkk) (nnnn) Piritramide.
(llll) (oooo) Proheptazine.
(mmmm) (pppp) Properidine.
(nnnn) (qqqq) Propiram.
(oooo) (rrrr) Protonitazene.
(pppp) (ssss) Racemethorphan.
(qqqq) (tttt) Racemoramide.
(rrrr) (uuuu) Racemorphan.
(ssss) (vvvv) Remifentanil.
(tttt) (wwww) Sufentanil.
(uuuu) (xxxx) Thenylfentanyl.
(vvvv) (yyyy) Thiofentanyl.
(wwww) (zzzz) Tilidine.
(xxxx) (aaaaa) Tramadol, 2-[(dimethylamino)methyl]-1-(3- methoxyphenyl) cyclohexanol, and its salts, optical and geometric isomers, and its salts of isomers.
(yyyy) (bbbbb) Trimeperidine.
21.
"Opium" means any compound, manufacture, salt, isomer, salt of isomer, derivative, mixture or preparation of the following, but does not include apomorphine or any of its salts:
(a) Acetorphine.
(b) Acetyldihydrocodeine.
(c) Benzylmorphine.
(d) Codeine.
(e) Codeine methylbromide.
(f) Codeine-N-oxide.
(g) Cyprenorphine.
(h) Desomorphine.
(i) Dihydromorphine.
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Action History

  1. FAILED

  2. Senate Second Reading

  3. Senate First Reading

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 92 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (92)

92 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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public-safety labor
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Frequently asked questions

Who sponsors SB 1285?
SB 1285 is sponsored by Shawnna Bolick (Republican).
What is the current status of SB 1285?
This bill died with 57th Legislature - Second Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1285?
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