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SB1170 - 572R - H Ver
House Engrossed
Senate Bill
narcotic drugs;
sales; minor; sentencing
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1170
AN
ACT
amending sections 11-594, 13-3407
and 13-3408, Arizona Revised Statutes; relating to drug offenses.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 11-594, Arizona Revised
Statutes, is amended to read:
START_STATUTE
11-594.
Powers and duties of county medical examiner
A. The county medical examiner or alternate medical
examiner shall direct a death investigation and, on a determination that the
circumstances of the death provide jurisdiction pursuant to section 11-593,
subsection B, shall:
1. Take charge of the dead body.
2. Determine if an autopsy is required.
3. Certify to the cause and manner of death
following completion of the death investigation,
reduce
the findings to writing and promptly make a full report on forms prescribed for
that purpose.
4. Have subpoena authority for all documents,
records and papers deemed useful in the death investigation.
5. Execute a death certificate provided by the state
registrar of vital statistics indicating the cause and the manner of death for
those bodies for which a death investigation has been conducted and
jurisdiction is assumed.
6. Give approval for cremation or alkaline
hydrolysis of a dead body after a death investigation and record the approval
on the death certificate.
7. Notify the county attorney or other law
enforcement authority when death is found to be from nonnatural causes.
8. Carry out the duties specified under section 28-668.
9. Carry out the duties specified under title 36,
chapter 7, article 3.
10. Provide a blood sample from a deceased person
for the purpose of communicable disease testing pursuant to sections 13-1210
and 36-670 if the blood is available and the collection or release will
not interfere with a medical examination, autopsy or certification of death.
11. Observe all policies adopted by the board of
supervisors regarding conflicts of interest and disclosure of noncounty
employment.
12. Carry out the duties specified under section
13-3407, subsection F and section 13-3408, subsection J.
B. The county medical examiner or alternate medical
examiner may:
1. Assign to a medical death investigator or other qualified
personnel all aspects of a death investigation except performing autopsies.
2. Authorize forensic pathologists to perform
examinations and autopsies. The medical examiner or alternate
medical examiner may authorize medical students or residents and fellows in
pathology training to perform autopsies under the supervision of a licensed
physician who is board certified in forensic pathology, pursuant to procedures
adopted by the county medical examiner or alternate medical examiner.
Authorization and the amount to be paid by the county for pathology services are
subject to approval of the board of supervisors.
3. Authorize pathologist assistants to assist with
performing autopsies under the direct supervision of a licensed physician who
is board certified in forensic pathology, pursuant to procedures adopted by the
county medical examiner or alternate medical examiner. A pathologist assistant
may not certify a cause of death or independently perform an autopsy.
4. Delegate any power, duty or function, whether
ministerial or discretionary, vested by this chapter in the medical examiner or
alternate medical examiner to a person meeting the qualifications prescribed in
this chapter who is employed by or who has contracted with the county to
provide death investigation services. The medical examiner or
alternate medical examiner shall be responsible for the official acts of the
person designated pursuant to this section and shall act under the name and
authority of the medical examiner or alternate medical examiner.
5. Authorize the taking of organs and tissues as
they prove to be usable for transplants, other treatment, therapy, education or
research if all of the requirements of title 36, chapter 7, article 3 are
met. The medical examiner or alternate medical examiner shall give
this authorization within a time period that allows a medically viable
donation.
6. Authorize licensed physicians, surgeons or
trained technicians to remove parts of bodies provided they follow an
established protocol approved by the medical examiner or alternate medical
examiner.
7. Limit the removal of organs or tissues for
transplants or other therapy or treatment if, based on a review of available
medical and investigative information within a time that allows a medically
viable donation, the medical examiner or alternate medical examiner makes an
initial determination that their removal would interfere with a medical
examination, autopsy or certification of death. Before making a
final decision to limit the removal of organs, the medical examiner or alternate
medical examiner shall consult with the organ procurement organization. After
the consultation and when the organ procurement organization provides
information that the organ procurement organization reasonably believes could
alter the initial decision and at the request of the organ procurement
organization, the medical examiner or alternate medical examiner shall conduct
a physical examination of the body. If the medical examiner or
alternate medical examiner limits the removal of organs, the medical examiner
or alternate medical examiner shall maintain documentation of this decision and
shall make the documentation available to the organ procurement organization.
C. A county medical examiner or alternate medical
examiner shall not be held civilly or criminally liable for any acts performed
in good faith pursuant to subsection A, paragraph 10 and subsection B,
paragraphs 5, 6 and 7 of this section.
D. If a dispute arises over the findings of the
medical examiner's report, the medical examiner, on an order of the superior
court, shall make available all evidence and documentation to a
court-designated licensed forensic pathologist for review, and the results of
the review shall be reported to the superior court in the county issuing the
order.
E. For providing external examinations and autopsies
pursuant to this section, the medical examiner may charge a fee established by
the board of supervisors pursuant to section 11-251.08.
F. The county medical examiner or alternate medical
examiner is entitled to all medical records and related records of a person for
whom the medical examiner is required to certify cause of death.
END_STATUTE
END_STATUTE
Sec. 2. Section 13-3407, Arizona Revised
Statutes, is amended to read:
START_STATUTE
13-3407.
Possession, use, administration, acquisition, sale, manufacture
or transportation of dangerous drugs; classification
A. A person shall not knowingly:
1. Possess or use a dangerous drug.
2. Possess a dangerous drug for sale.
3. Possess equipment or chemicals, or both, for the
purpose of manufacturing a dangerous drug.
4. Manufacture a dangerous drug.
5. Administer a dangerous drug to another person.
6. Obtain or procure the administration of a
dangerous drug by fraud, deceit, misrepresentation or subterfuge.
7. Transport for sale, import into this state or
offer to transport for sale or import into this state, sell, transfer or offer
to sell or transfer a dangerous drug.
B. A person who violates:
1. Subsection A, paragraph 1 of this section is
guilty of a class 4 felony. Unless the drug involved is lysergic
acid diethylamide, methamphetamine, amphetamine or phencyclidine or the person
was previously convicted of a felony offense or a violation of this section or
section 13-3408, the court on motion of the state, considering the nature
and circumstances of the offense, for a person not previously convicted of any
felony offense or a violation of this section or section 13-3408 may
enter judgment of conviction for a class 1 misdemeanor and make disposition
accordingly or may place the defendant on probation in accordance with chapter
9 of this title and refrain from designating the offense as a felony or
misdemeanor until the probation is successfully terminated. The
offense shall be treated as a felony for all purposes until the court enters an
order designating the offense a misdemeanor.
2. Subsection A, paragraph 2 of this section is
guilty of a class 2 felony.
3. Subsection A, paragraph 3 of this section is
guilty of a class 3 felony, except that if the offense involved
methamphetamine, the person is guilty of a class 2 felony.
4. Subsection A, paragraph 4 of this section is
guilty of a class 2 felony.
5. Subsection A, paragraph 5 of this section is
guilty of a class 2 felony.
6. Subsection A, paragraph 6 of this section is
guilty of a class 3 felony.
7. Subsection A, paragraph 7 of this section is
guilty of a class 2 felony.
C. Except as provided in subsection E of this
section, a person who is convicted of a violation of subsection A, paragraph 1,
3 or 6 and who has not previously been convicted of any felony or who has not
been sentenced pursuant to section 13-703, section 13-704, section
13-706, subsection A, section 13-708, subsection D or any other law
making the convicted person ineligible for probation is eligible for probation.
D. Except as provided in subsection E of this
section, if the aggregate amount of dangerous drugs involved in one offense or
all of the offenses that are consolidated for trial equals or exceeds the
statutory threshold amount, a person who is convicted of a violation of
subsection A, paragraph 2, 5 or 7 of this section is not eligible for
suspension of sentence, probation, pardon or release from confinement on any
basis until the person has served the sentence imposed by the court, the person
is eligible for release pursuant to section 41-1604.07 or the sentence is
commuted.
E. If
the
a
person is convicted of a violation of subsection A,
paragraph 2, 3, 4 or 7 of this section and the drug involved is
methamphetamine, the person shall be sentenced as follows:
Minimum
���������������
Presumptive
��������������
Maximum
5 calendar years������ 10 calendar years�������� 15 calendar
years
A person who has previously been convicted of a violation of
subsection A, paragraph 2, 3, 4 or 7 of this section involving methamphetamine
or section 13-3407.01 shall be sentenced as follows:
Minimum
���������������
Presumptive
��������������
Maximum
10 calendar years����� 15 calendar years�������� 20 calendar
years
F. If a
person is convicted of selling a dangerous drug in violation of subsection A,
paragraph 7 of this section, the victim of the offense was a minor and an
initial autopsy finds that the cause of the minor's death resulted from
complications of drug intoxication, overdose or the presence of a dangerous
drug, the medical examiner shall order a second autopsy that is conducted by
another county's medical examiner or an independent medical examiner who is a
licensed physician.� If the medical examiner who conducts the second autopsy
concludes that the dangerous drug that was sold to the minor contributed to the
minor's death and that the minor would not have died but for the dangerous drug
sold, the person shall be sentenced to the aggravated term of imprisonment,
except that If the drug involved is methamphetamine, the defendant shall be
sentenced to the maximum sentence authorized under subsection E of this
section.
F.
G.
A
person who is convicted of a violation of subsection A, paragraph 4 of this
section or subsection A, paragraph 2, 3 or 7 of this section involving
methamphetamine is not eligible for suspension of sentence, probation, pardon
or release from confinement on any basis until the person has served the
sentence imposed by the court, the person is eligible for release pursuant to
section 41-1604.07 or the sentence is commuted.
G.
H.
If
a person is convicted of a violation of subsection A, paragraph 5 of this
section, if the drug is administered without the other person's consent, if the
other person is under eighteen years of age and if the drug is flunitrazepam,
gamma hydroxy butrate or ketamine hydrochloride, the convicted person is not
eligible for suspension of sentence, probation, pardon or release from
confinement on any basis until the person has served the sentence imposed by
the court, the person is eligible for release pursuant to section 41-1604.07
or the sentence is commuted.
H.
I.
In
addition to any other penalty prescribed by this title, the court shall order a
person who is convicted of a violation of this section to pay a fine of not
less than
one thousand dollars
$1,000
or
three times the value as determined by the court of the dangerous drugs
involved in or giving rise to the charge, whichever is greater, and not more
than the maximum authorized by chapter 8 of this title. A judge shall not
suspend any part or all of the imposition of any fine required by this
subsection.
I.
J.
A
person who is convicted of a violation of this section for which probation or
release before the expiration of the sentence imposed by the court is
authorized is prohibited from using any marijuana, dangerous drug, narcotic
drug or prescription-only drug except as lawfully administered by a
health care practitioner and as a condition of any probation or release shall
be required to submit to drug testing administered under the supervision of the
probation department of the county or the state department of corrections, as
appropriate, during the duration of the term of probation or before the
expiration of the sentence imposed.
J.
K.
If
a person who is convicted of a violation of this section is granted probation,
the court shall order that as a condition of probation the person perform not
less than three hundred sixty hours of community restitution with an agency or
organization that provides counseling, rehabilitation or treatment for alcohol
or drug abuse, an agency or organization that provides medical treatment to
persons who abuse controlled substances, an agency or organization that serves
persons who are victims of crime or any other appropriate agency or
organization.
K.
L.
The
presumptive term imposed pursuant to subsection E of this section may be
mitigated or aggravated pursuant to section 13-701, subsections D and E.
END_STATUTE
Sec. 3. Section 13-3408, Arizona Revised
Statutes, is amended to read:
START_STATUTE
13-3408.
Possession, use,
administration, acquisition, sale, manufacture or transportation of narcotic
drugs; classification
A. Except as provided in section 36-2850,
paragraph 19, subdivision (b), section 36-2852 and section 36-2853,
subsection C, a person shall not knowingly:
1. Possess or use a narcotic drug.
2. Possess a narcotic drug for sale.
3. Possess equipment or chemicals, or both, for the
purpose of manufacturing a narcotic drug.
4. Manufacture a narcotic drug.
5. Administer a narcotic drug to another person.
6. Obtain or procure the administration of a
narcotic drug by fraud, deceit, misrepresentation or subterfuge.
7. Transport for sale, import into this state, offer
to transport for sale or import into this state, sell, transfer or offer to
sell or transfer a narcotic drug.
B. A person who violates:
1. Subsection A, paragraph 1 of this section is
guilty of a class 4 felony.
2. Subsection A, paragraph 2 of this section is
guilty of a class 2 felony.
3. Subsection A, paragraph 3 of this section is
guilty of a class 3 felony.
4. Subsection A, paragraph 4 of this section is
guilty of a class 2 felony.
5. Subsection A, paragraph 5 of this section is
guilty of a class 2 felony.
6. Subsection A, paragraph 6 of this section is
guilty of a class 3 felony.
7. Subsection A, paragraph 7 of this section is
guilty of a class 2 felony.
C. A person who is convicted of a violation of
subsection A, paragraph 1, 3 or 6 of this section and who has not previously
been convicted of any felony or who has not been sentenced pursuant to section
13-703, section 13-704, subsection A, B, C, D or E, section 13-706,
subsection A, section 13-708, subsection D or any other provision of law
making the convicted person ineligible for probation is eligible for probation.
D. If the aggregate amount of narcotic drugs
involved in one offense or all of the offenses that are consolidated for trial
equals or exceeds the statutory threshold amount, a person who is convicted of
a violation of subsection A, paragraph 2, 5 or 7 of this section is not
eligible for suspension of sentence, probation, pardon or release from
confinement on any basis until the person has served the sentence imposed by
the court, the person is eligible for release pursuant to section 41-1604.07
or the sentence is commuted.
E. A person who is convicted of a violation of
subsection A, paragraph 4 of this section is not eligible for suspension of
sentence, probation, pardon or release from confinement on any basis until the
person has served the sentence imposed by the court, the person is eligible for
release pursuant to section 41-1604.07 or the sentence is commuted.
F. If
the
a
person
is convicted of a violation of subsection A, paragraph 2 or 7 of this section
and the violation involves the sale to another person of fentanyl in an amount
of at least two hundred grams, the person shall be sentenced as follows:
Minimum
���������������
Presumptive
��������������
Maximum
5 calendar years������ 10 calendar years�������� 15 calendar
years
A person who has previously been convicted of a violation of
subsection A, paragraph 2 or 7 of this section involving the sale to another
person of fentanyl in an amount of at least two hundred grams shall be
sentenced as follows:
Minimum
���������������
Presumptive
��������������
Maximum
10 calendar years����� 15 calendar years�������� 20 calendar
years
G. The presumptive term imposed pursuant to
subsection F of this section may be mitigated or aggravated pursuant to section
13-701, subsections D and E.
H. If
the
a
person
is convicted of a violation of subsection A, paragraphs 2 and 7 of this section
and the violation involves the possession of fentanyl in a motor vehicle in an
amount of at least two hundred grams, the person shall be sentenced as follows:
Minimum
���������������
Presumptive
��������������
Maximum
5 calendar years������ 10 calendar years�������� 15 calendar
years
A person who has previously been convicted of a violation of
subsection A, paragraphs 2 and 7
of this section
involving the possession of fentanyl in a motor vehicle in an amount of at
least two hundred grams shall be sentenced as follows:
Minimum
���������������
Presumptive
��������������
Maximum
10 calendar years����� 15 calendar years�������� 20 calendar
years
I. The presumptive term imposed pursuant to
subsection H of this section may be mitigated or aggravated pursuant to section
13-701, subsections D and E.
J. If a
person is convicted of selling a narcotic drug in violation of subsection A,
paragraph 7 of this section,
the victim of the
offense was a minor and an initial autopsy finds that the cause of the minor's
death resulted from complications of drug intoxication, overdose or the
presence of a narcotic drug, the medical examiner shall order a second autopsy
that is conducted by another county's medical examiner or an independent
medical examiner who is a licensed physician. �if the medical examiner who conducts
the second autopsy concludes that the narcotic drug
that
was sold
to the minor contributed to the
minor's death and
that the minor would not have
died but for the narcotic drug sold, the person shall be sentenced
to the aggravated term of imprisonment, except that
If the drug involved is fentanyl, the defendant shall be sentenced to
the maximum sentence authorized under subsection F or H of this section.
J.
K.
In
addition to any other penalty prescribed by this title, the court shall order a
person who is convicted of a violation of this section to pay a fine of not
less than $2,000 or three times the value as determined by the court of the
narcotic drugs involved in or giving rise to the charge, whichever is greater,
and not more than the maximum authorized by chapter 8 of this title. �A judge
shall not suspend any part or all of the imposition of any fine required by
this subsection.
K.
L.
A
person who is convicted of a violation of this section for which probation or
release before the expiration of the sentence imposed by the court is
authorized is prohibited from using any marijuana, dangerous drug, narcotic
drug or prescription-only drug except as lawfully administered by a
health care practitioner and as a condition of any probation or release shall
be required to submit to drug testing administered under the supervision of the
probation department of the county or the state department of corrections, as
appropriate, during the duration of the term of probation or before the
expiration of the sentence imposed.
L.
M.
If
a person who is convicted of a violation of this section is granted probation,
the court shall order that as a condition of probation the person perform not
less than three hundred sixty hours of community restitution with an agency or
organization that provides counseling, rehabilitation or treatment for alcohol
or drug abuse, an agency or organization that provides medical treatment to
persons who abuse controlled substances, an agency or organization that serves
persons who are victims of crime or any other appropriate agency or
organization.
END_STATUTE
Sec. 4.
Short title
This act may be cited as "Noah's
Law".