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SB1170 - 572R - S Ver
Senate Engrossed
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, 13-705,
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
Sec. 2. Section 13-705, Arizona Revised
Statutes, is amended to read:
START_STATUTE
13-705.
Dangerous crimes against children; sentences; definitions
A. A person who is at least eighteen years of age
and who is convicted of a dangerous crime against children in the first degree
involving commercial sexual exploitation of a minor or child sex trafficking
and the person has previously been convicted of a dangerous crime against
children in the first degree shall be sentenced to imprisonment in the custody
of the state department of corrections for natural life. A person who is
sentenced to natural life is not eligible for commutation, parole, work furlough,
work release or release from confinement on any basis for the remainder of the
person's natural life.
B. A person who is at least eighteen years of age
and who is convicted of a dangerous crime against children in the first degree
involving sexual assault of a minor who is twelve years of age or younger or
sexual conduct with a minor who is twelve years of age or younger shall be
sentenced to life imprisonment and is not eligible for suspension of sentence,
probation, pardon or release from confinement on any basis except as
specifically authorized by section 31-233, subsection A or B until the
person has served thirty-five years or the sentence is commuted. This
subsection does not apply to masturbatory contact.
C. Except as otherwise provided in this section, a
person who is at least eighteen years of age or who has been tried as an adult
and who is convicted of a dangerous crime against children in the first degree
involving attempted first degree murder of a minor who is under twelve years of
age, sexual assault of a minor who is under twelve years of age, sexual conduct
with a minor who is under twelve years of age or manufacturing methamphetamine
under circumstances that cause physical injury to a minor who is under twelve
years of age may be sentenced to life imprisonment and is not eligible for
suspension of sentence, probation, pardon or release from confinement on any
basis except as specifically authorized by section 31-233, subsection A
or B until the person has served thirty-five years or the sentence is
commuted. If a life sentence is not imposed pursuant to this subsection, the
person shall be sentenced to a term of imprisonment as follows:
Minimum
����������������
Presumptive
������������
Maximum
13 years��������������� 20 years��������������� 27
years
D. Except as otherwise provided in this section, a
person who is at least eighteen years of age or who has been tried as an adult
and who is convicted of a dangerous crime against children in the first degree
involving second degree murder of a minor who is under fifteen years of age may
be sentenced to life imprisonment and is not eligible for suspension of
sentence, probation, pardon or release from confinement on any basis except as
specifically authorized by section 31-233, subsection A or B until the
person has served thirty-five years or the sentence is commuted. If a
life sentence is not imposed pursuant to this subsection, the person shall be
sentenced to a term of imprisonment as follows:
Minimum
����������������
Presumptive
������������
Maximum
25 years��������������� 30 years��������������� 35 years
E. Except as otherwise provided in this section, a
person who is at least eighteen years of age or who has been tried as an adult
and who is convicted of a dangerous crime against children in the first degree
involving attempted first degree murder of a minor who is twelve, thirteen or
fourteen years of age, sexual assault of a minor who is twelve, thirteen or
fourteen years of age, taking a child for the purpose of prostitution, child
sex trafficking, commercial sexual exploitation of a minor, sexual conduct with
a minor who is twelve, thirteen or fourteen years of age, manufacturing
methamphetamine under circumstances that cause physical injury to a minor who
is twelve, thirteen or fourteen years of age
,
or
involving or using minors in drug offenses
,
selling a dangerous drug pursuant to section 13-3407, subsection F or
selling a narcotic drug pursuant to section 13-3408, subsection J
shall be sentenced to a term of imprisonment as follows:
Minimum
����������������
Presumptive
������������
Maximum
13 years��������������� 20 years��������������� 27 years
A person who has been previously
convicted of one predicate felony shall be sentenced to a term of imprisonment
as follows:
Minimum
����������������
Presumptive
������������
Maximum
23 years��������������� 30 years��������������� 37
years
F. Except as otherwise provided in this section, a
person who is at least eighteen years of age or who has been tried as an adult
and who is convicted of a dangerous crime against children in the first degree
involving aggravated assault, unlawful mutilation, molestation of a child,
sexual exploitation of a minor, aggravated luring a minor for sexual
exploitation, child abuse or kidnapping shall be sentenced to a term of
imprisonment as follows:
Minimum
����������������
Presumptive
������������
Maximum
10 years��������������� 17 years��������������� 24
years
A person who has been previously convicted of one predicate
felony shall be sentenced to a term of imprisonment as follows:
Minimum
����������������
Presumptive
������������
Maximum
21 years��������������� 28 years��������������� 35
years
G. Except as otherwise provided in this section, if
a person is at least eighteen years of age or has been tried as an adult and is
convicted of a dangerous crime against children involving luring a minor for
sexual exploitation, sexual extortion or unlawful age misrepresentation and is
sentenced to a term of imprisonment, the term of imprisonment is as follows and
the person is not eligible for release from confinement on any basis except as
specifically authorized by section 31-233, subsection A or B until the
sentence imposed by the court has been served or is commuted, except that if
the person is convicted of unlawful age misrepresentation the person is
eligible for release pursuant to section 41-1604.07:
Minimum
����������������
Presumptive
������������
Maximum
5 years���������������� 10 years��������������� 15 years
A person who has been previously
convicted of one predicate felony shall be sentenced to a term of imprisonment
as follows and the person is not eligible for suspension of sentence,
probation, pardon or release from confinement on any basis except as
specifically authorized by section 31-233, subsection A or B until the
sentence imposed by the court has been served or is commuted, except that if
the person is convicted of unlawful age misrepresentation the person is
eligible for release pursuant to section 41-1604.07:
Minimum
����������������
Presumptive
������������
Maximum
8 years���������������� 15 years��������������� 22
years
H. Except as otherwise provided in this section, if
a person is at least eighteen years of age or has been tried as an adult and is
convicted of a dangerous crime against children involving sexual abuse or
bestiality under section 13-1411, subsection A, paragraph 2 and is
sentenced to a term of imprisonment, the term of imprisonment is as follows and
the person is not eligible for release from confinement on any basis except as
specifically authorized by section 31-233, subsection A or B until the
sentence imposed by the court has been served, the person is eligible for
release pursuant to section 41-1604.07 or the sentence is commuted:
Minimum
����������������
Presumptive
������������
Maximum
2.5 years�������������� 5 years���������������� 7.5 years
A person who has been previously
convicted of one predicate felony shall be sentenced to a term of imprisonment
as follows and the person is not eligible for suspension of sentence,
probation, pardon or release from confinement on any basis except as specifically
authorized by section 31-233, subsection A or B until the sentence
imposed by the court has been served, the person is eligible for release
pursuant to section 41-1604.07 or the sentence is commuted:
Minimum
����������������
Presumptive
������������
Maximum
8 years���������������� 15 years��������������� 22
years
I. Except as otherwise provided in this section, a
person who is at least eighteen years of age or who has been tried as an adult
and who is convicted of a dangerous crime against children in the first degree
involving continuous sexual abuse of a child shall be sentenced to a term of
imprisonment as follows:
Minimum
����������������
Presumptive
������������
Maximum
39 years��������������� 60 years��������������� 81 years
A person who has been previously convicted of one predicate
felony shall be sentenced to a term of imprisonment as follows:
Minimum
����������������
Presumptive
������������
Maximum
69 years��������������� 90 years��������������� 111 years
J. The presumptive sentences prescribed in
subsections C, D, E, F and I of this section or subsections G and H of this
section if the person has previously been convicted of a predicate felony may
be increased or decreased pursuant to section 13-701, subsections C, D
and E.
K. Except as provided in subsections G, H, M and N
of this section, a person who is sentenced for a dangerous crime against
children in the first degree pursuant to this section is not eligible for
suspension of sentence, probation, pardon or release from confinement on any
basis except as specifically authorized by section 31-233, subsection A
or B until the sentence imposed by the court has been served or commuted.
L. A person who is convicted of any dangerous crime
against children in the first degree pursuant to subsection C, D, E, F or I of
this section and who has been previously convicted of two or more predicate
felonies shall be sentenced to life imprisonment and is not eligible for
suspension of sentence, probation, pardon or release from confinement on any
basis except as specifically authorized by section 31-233, subsection A
or B until the person has served not fewer than thirty-five years or the
sentence is commuted.
M. Notwithstanding chapter 10 of this title, a
person who is at least eighteen years of age or who has been tried as an adult
and who is convicted of a dangerous crime against children in the second degree
pursuant to subsection B, C, E, F or I of this section is guilty of a class 3
felony and if the person is sentenced to a term of imprisonment, the term of
imprisonment is as follows and the person is not eligible for release from
confinement on any basis except as specifically authorized by section 31-233,
subsection A or B 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:
Minimum
����������������
Presumptive
������������
Maximum
5 years���������������� 10 years��������������� 15
years
N. A person who is convicted of any dangerous crime
against children in the second degree and who has been previously convicted of
one or more predicate felonies is not eligible for suspension of sentence,
probation, pardon or release from confinement on any basis except as
specifically authorized by section 31-233, subsection A or B until the
sentence imposed by the court has been served, the person is eligible for
release pursuant to section 41-1604.07 or the sentence is commuted.
O. Section 13-704, subsection J and section 13-707,
subsection B apply to the determination of prior convictions.
P. The sentence imposed on a person by the court for
a dangerous crime against children under subsection H of this section involving
sexual abuse may be served concurrently with other sentences if the offense
involved only one victim. The sentence imposed on a person for any
other dangerous crime against children in the first or second degree shall be
consecutive to any other sentence imposed on the person at any time, including
sexual abuse of the same victim.
Q. In this section, for purposes of punishment an
unborn child shall be treated like a minor who is under twelve years of age.
R. A dangerous crime against children is in the
first degree if it is a completed offense and is in the second degree if it is
a preparatory offense, except attempted first degree murder is a dangerous
crime against children in the first degree.
S. It is not a defense to a dangerous crime against
children that the minor is a person posing as a minor or is otherwise
fictitious if the defendant knew or had reason to know the purported minor was
under fifteen years of age.
T. For the purposes of this section:
1. "Dangerous crime against children":
(a) Means any of the following that is committed
against a minor who is under fifteen years of age or against a person posing as
a minor if the defendant knew or had reason to know that the purported minor
was under fifteen years of age:
(i) Second degree murder.
(ii) Aggravated assault resulting in serious
physical injury or involving the discharge, use or threatening exhibition of a
deadly weapon or dangerous instrument.
(iii) Sexual assault.
(iv) Molestation of a child.
(v) Sexual conduct with a minor.
(vi) Commercial sexual exploitation of a minor.
(vii) Sexual exploitation of a minor.
(viii) Child abuse as prescribed in section 13-3623,
subsection A, paragraph 1.
(ix) Kidnapping.
(x) Sexual abuse.
(xi) Taking a child for the purpose of prostitution
as prescribed in section 13-3206.
(xii) Child sex trafficking as prescribed in section
13-3212.
(xiii) Involving or using minors in drug offenses.
(xiv) Continuous sexual abuse of a child.
(xv) Attempted first degree murder.
(xvi) Sex trafficking.
(xvii) Manufacturing methamphetamine under
circumstances that cause physical injury to a minor.
(xviii) Bestiality as prescribed in section 13-1411,
subsection A, paragraph 2.
(xix) Luring a minor for sexual exploitation.
(xx) Aggravated luring a minor for sexual
exploitation.
(xxi) Unlawful age misrepresentation.
(xxii) Unlawful mutilation.
(xxiii) Sexual extortion as prescribed in section 13-1428.
(
xxiv
) Selling
a dangerous drug as prescribed in section 13-3407, subsection F.
(
xxv
) Selling a
narcotic drug as prescribed in section 13-3408, subsection J.
(b) For the purposes of subdivision (a), items (vi)
and (vii) of this paragraph, includes a visual depiction that is
indistinguishable from an actual minor who is under fifteen years of age.
2. "Predicate felony" means any felony
involving child abuse pursuant to section 13-3623, subsection A,
paragraph 1, a sexual offense, conduct involving the intentional or knowing
infliction of serious physical injury or the discharge, use or threatening
exhibition of a deadly weapon or dangerous instrument, or a dangerous crime
against children in the first or second degree.
END_STATUTE
Sec. 3. 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:
1. If the drug involved is
methamphetamine, the defendant shall be sentenced to the maximum sentence
authorized under subsection E of this section.
2. If the minor was under fifteen
years of age, the defendant shall be sentenced to the maximum sentence
authorized under section 13-705, subsection E.
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. 4. 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:
1. If the drug involved is fentanyl,
the defendant shall be sentenced to the maximum sentence authorized under
subsection F or H of this section.
2. If the minor was under fifteen
years of age, the defendant shall be sentenced to the maximum sentence
authorized under section 13-705, subsection E.
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. 5.
Short title
This act may be cited as "Noah's
Law".