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SB1285 - 572R - I Ver
REFERENCE TITLE:
prisoners; correctional facilities; sentencing
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SB 1285
Introduced by
Senator
Bolick
AN
ACT
amending sections 13-711, 13-751
and 13-1206, Arizona Revised Statutes; relating to correctional
facilities.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-711, Arizona Revised
Statutes, is amended to read:
START_STATUTE
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.
END_STATUTE
Sec. 2. Section 13-751, Arizona Revised
Statutes, is amended to read:
START_STATUTE
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:
1. 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. 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.�
2. 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.�
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.
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.� 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 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.
3. 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.
4. The defendant committed the offense in an
especially heinous, cruel or depraved manner.
5. The defendant committed the offense while:
(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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
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.
11. Sexual conduct with a minor under fifteen years
of age.
12. Burglary in the second degree.
13. Terrorism.
END_STATUTE
Sec. 3. Section 13-1206, Arizona Revised
Statutes, is amended to read:
START_STATUTE
13-1206.
Dangerous or deadly assault by prisoner or juvenile;
classification; definition
A.
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.� 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. A sentence imposed pursuant to
this section shall be consecutive to any other sentence presently being served
by the convicted person.
B. For the purposes of this section,
"correctional facility" means any of the following:
1. The state department of corrections.
2. The department of juvenile
corrections.
3. A law enforcement agency.
4. A county or city jail.
5. A facility that contracts with the
state department of corrections for the confinement of persons who are
committed to the department.
6. A private correctional facility.
7. A federal prison or detention
center.
END_STATUTE