juvenile; natural life; parole eligibility

SB1548 - 572R - I Ver

REFERENCE TITLE:
juvenile; natural life; parole eligibility

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1548

Introduced by

Senator
Farnsworth

AN
ACT

AMENDING SECTIONs 13-716, 13-751,
13-752, 13-1423 and 13-2308.01, ARIZONA REVISED STATUTES;
relating to SENTENCING AND IMPRISONMENT.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 13-716, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-716.

Juvenile offenders sentenced to particular terms of imprisonment;
parole eligibility

A.
Notwithstanding any other
law
:
,

1.
A person who is sentenced
to
a minimum sentence of natural life or
life
imprisonment with the possibility of release after serving a minimum number of
calendar years for an offense that was committed before the person attained
eighteen years of age is eligible for parole on completion of service of the
minimum sentence, regardless of whether the offense was committed on or after
January 1, 1994.
If granted parole, the person shall
remain on parole for the remainder of the person's life except that the person's
parole may be revoked pursuant to section 31-415.

2.
A person
who is sentenced to a term of imprisonment of at least twenty-five
calendar years, not including consecutive sentences, for an offense that was
committed before the person attained eighteen years of age is eligible for
parole on completion of service of twenty-five calendar years.

3. A person who is sentenced to a
term of imprisonment of at least thirty-five calendar years, including
consecutive sentences, for an offense that was committed before the person
attained eighteen years of age is eligible for parole on completion of service
of thirty-five calendar years.

B. If granted parole, the person
shall remain on parole pursuant to section 31-412, except that the
person's parole may be revoked pursuant to section 31-415.
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

and
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 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 13-752, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-752.

Sentences of death, life imprisonment or natural life;
imposition; sentencing proceedings; definitions

A. If the state has filed a notice of intent to seek
the death penalty and the defendant is convicted of first degree murder, the
trier of fact at the sentencing proceeding shall determine whether to impose a
sentence of death in accordance with the procedures provided in this section.�
If the trier of fact determines that a sentence of death is not appropriate, or
if the state has not 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 court shall impose a sentence of
natural life.� If the defendant
was under eighteen years of age
at the time of the commission of the offense or if the defendant
is
convicted of first degree murder pursuant to section 13-1105, subsection
A, paragraph 2, the court shall determine whether to impose a sentence of life
or natural life.

B. Before trial, the prosecution shall notice one or
more of the aggravating circumstances under section 13-751, subsection F.

C. If the trier of fact finds the defendant guilty
of first degree murder, the trier of fact shall then immediately determine
whether one or more alleged aggravating circumstances have been
proven. This proceeding is the aggravation phase of the sentencing
proceeding.

D. If the trier of fact finds that one or more of
the alleged aggravating circumstances have been proven, the trier of fact shall
then immediately determine whether the death penalty should be imposed.� This
proceeding is the penalty phase of the sentencing proceeding.�

E. At the aggravation phase, the trier of fact shall
make a special finding on whether each alleged aggravating circumstance has
been proven based on the evidence that was presented at the trial or at the
aggravation phase.� If the trier of fact is a jury, a unanimous verdict is
required to find that the aggravating circumstance has been proven.� If the
trier of fact unanimously finds that an aggravating circumstance has not been
proven, the defendant is entitled to a special finding that the aggravating circumstance
has not been proven. If the trier of fact unanimously finds no
aggravating circumstances, the court shall then determine whether to impose a
sentence of life or natural life on the defendant pursuant to subsection A of
this section.

F. The penalty phase shall be held immediately after
the trier of fact finds at the aggravation phase that one or more of the
aggravating circumstances under section 13-751, subsection F have been
proven.� A finding by the trier of fact that any of the remaining aggravating
circumstances alleged has not been proven or the inability of the trier of fact
to agree on the issue of whether any of the remaining aggravating circumstances
alleged has been proven shall not prevent the holding of the penalty phase.

G. At the penalty phase, the defendant and the state
may present any evidence that is relevant to the determination of whether there
is mitigation that is sufficiently substantial to call for leniency.� In order
for the trier of fact to make this determination, regardless of whether the
defendant presents evidence of mitigation, the state may present any evidence
that demonstrates that the defendant should not be shown leniency including any
evidence regarding the defendant's character, propensities, criminal record or
other acts.

H. The trier of fact shall determine unanimously
whether death is the appropriate sentence.� If the trier of fact is a jury and
the jury unanimously determines that the death penalty is not appropriate, the
court shall determine whether to impose a sentence of life or natural life
pursuant to subsection A of this section.

I. If the trier of fact at any prior phase of the
trial is the same trier of fact at the subsequent phase, any evidence that was
presented at any prior phase of the trial shall be deemed admitted as evidence
at any subsequent phase of the trial.

J. At the aggravation phase, if the trier of fact is
a jury, the jury is unable to reach a verdict on any of the alleged aggravating
circumstances and the jury has not found that at least one of the alleged
aggravating circumstances has been proven, the court shall dismiss the jury and
shall impanel a new jury. The new jury shall not retry the issue of
the defendant's guilt or the issue regarding any of the aggravating
circumstances that the first jury found not proved by unanimous
verdict. If the new jury is unable to reach a unanimous verdict, the
court shall impose a sentence of life or natural life on the defendant.

K. At the penalty phase, if the trier of fact is a
jury and the jury is unable to reach a verdict, the court shall dismiss the
jury and shall impanel a new jury. The new jury shall not retry the
issue of the defendant's guilt or the issue regarding any of the aggravating
circumstances that the first jury found by unanimous verdict to be proved or
not proved.� If the new jury is unable to reach a unanimous verdict, the court
shall impose a sentence of life or natural life on the defendant.

L. If the jury that rendered a verdict of guilty is
not the jury first impaneled for the aggravation phase, the jury impaneled in
the aggravation phase shall not retry the issue of the defendant's guilt.� If
the jury impaneled in the aggravation phase is unable to reach a verdict on any
of the alleged aggravating circumstances and the jury has not found that at
least one of the alleged aggravating circumstances has been proven, the court
shall dismiss the jury and shall impanel a new jury.� The new jury shall not
retry the issue of the defendant's guilt or the issue regarding any of the
aggravating circumstances that the first jury found not proved by unanimous
verdict.� If the new jury is unable to reach a unanimous verdict, the court
shall impose a sentence of life or natural life on the defendant.

M. Alternate jurors who are impaneled for the trial
in a case in which the offense is punishable by death shall not be excused from
the case until the completion of the sentencing proceeding.

N. If the sentence of a person who was sentenced to
death is overturned, the person shall be resentenced pursuant to this section
by a jury that is specifically impaneled for this purpose as if the original
sentencing had not occurred.

O. In any case that requires sentencing or
resentencing in which the defendant has been convicted of an offense that is
punishable by death and in which the trier of fact was a judge or a jury that
has since been discharged, the defendant shall be sentenced or resentenced
pursuant to this section by a jury that is specifically impaneled for this
purpose.

P. The trier of fact shall make all factual
determinations required by this section or the Constitution of the United
States or this state to impose a death sentence.� If the defendant bears the
burden of proof, the issue shall be determined in the penalty phase.� If the
state bears the burden of proof, the issue shall be determined in the
aggravation phase.

Q. If the death penalty was not alleged or was
alleged but not imposed, the court shall determine whether to impose a sentence
of life or natural life pursuant to subsection A of this section. In
determining whether to impose a sentence of life or natural life, the court:

1. May consider any evidence introduced before
sentencing or at any other sentencing proceeding.

2. Shall consider the aggravating and mitigating
circumstances listed in section 13-701 and any statement made by a
victim.

R. Subject to section 13-751, subsection B, a
victim has the right to be present at the aggravation phase and to present any
information that is relevant to the proceeding.� A victim has the right to be
present and to present information at the penalty phase.� At the penalty phase,
the victim may present information about the murdered person and the impact of
the murder on the victim and other family members and may submit a victim
impact statement in any format to the trier of fact.

S. For the purposes of this section:

1. "Trier of fact" means a jury unless the
defendant and the state waive a jury, in which case the trier of fact shall be
the court.

2. "Victim" means the murdered person's
spouse, parent, child, grandparent or sibling, any other person related to the
murdered person by consanguinity or affinity to the second degree or any other
lawful representative of the murdered person, except if the spouse, parent,
child, grandparent, sibling, other person related to the murdered person by
consanguinity or affinity to the second degree or other lawful representative
is in custody for an offense or is the accused.
END_STATUTE

Sec. 4. Section 13-1423, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-1423.

Violent sexual assault; natural life sentence

A. A person is guilty of violent sexual assault if
in the course of committing an offense under section 13-1404, 13-1405,
13-1406 or 13-1410 the offense involved the discharge, use or
threatening exhibition of a deadly weapon or dangerous instrument or involved
the intentional or knowing infliction of serious physical injury and the person
has a historical prior felony conviction for a sexual offense under this
chapter or any offense committed outside this state that if committed in this
state would constitute a sexual offense under this chapter.

B. Notwithstanding section 13-703, section 13-704,
section 13-705, section 13-706, subsection A and section 13-708,
subsection D, a person who is
at least eighteen years of age and
who is
guilty of a violent sexual assault shall be sentenced to life
imprisonment and the court shall order that the person not be released on any
basis for the remainder of the person's natural life.
END_STATUTE

Sec. 5. Section 13-2308.01, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-2308.01.

Terrorism; classification

A. It is unlawful for a person to intentionally or
knowingly do any of the following:

1. Engage in an act of terrorism.

2. Organize, manage, direct, supervise or finance an
act of terrorism.

3. Solicit, incite or induce others to promote or
further an act of terrorism.

4. Without lawful authority or when exceeding lawful
authority, manufacture, sell, deliver, display, use, make accessible to others,
possess or exercise control over a weapon of mass destruction knowing or having
reason to know that the device or object involved is a weapon of mass
destruction.

5. Make property available to another, by
transaction, transportation or otherwise, knowing or having reason to know that
the property is intended to facilitate an act of terrorism.

6. Provide advice, assistance or direction in the
conduct, financing or management of an act of terrorism knowing or having
reason to know that an act of terrorism has occurred or may result by:

(a) Harboring or concealing any person or property.

(b) Warning any person of impending discovery,
apprehension, prosecution or conviction.� This subdivision does not apply to a
warning that is given in connection with an effort to bring another person into
compliance with the law.

(c) Providing any person with material support or
resources or any other means of avoiding discovery, apprehension, prosecution
or conviction.

(d) Concealing or disguising the nature, location,
source, ownership or control of material support or resources.

(e) Preventing or obstructing by means of force,
deception or intimidation anyone from performing an act that might aid in the
discovery, apprehension, prosecution or conviction of any person or that might
aid in the prevention of an act of terrorism.

(f) Suppressing by any act of concealment,
alteration or destruction any physical evidence that might aid in the
discovery, apprehension, prosecution or conviction of any person or that might
aid in the prevention of an act of terrorism.

(g) Concealing the identity of any person.

7. Provide advice, assistance or direction in the
conduct, financing or management of a terrorist organization.

B. A violation of this section is a class 2 felony.

C. A person who is convicted of a violation of this
section may be sentenced to imprisonment in the custody of the state department
of corrections
:

1.
For life
.

2. For
natural life
only if the person was at least eighteen years of age at the time of
the commission of the offense
.

D.
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 for the
remainder of the defendant's natural life. A defendant who is sentenced to life
is not eligible for suspension of sentence, probation, pardon or release from
confinement on any basis except as specifically authorized by section 13-716
or section 31-233, subsection A or B until the completion of the service
of twenty-five calendar years or the sentence is commuted.

E.
If the defendant is not
sentenced to life or natural life, the defendant shall be sentenced to a term
of imprisonment as follows:

Minimum
����������������
Presumptive
������������
Maximum

10 calendar years������ 16 calendar years������ 25 calendar
years
END_STATUTE

Sec. 6.
Retroactivity

This act applies retroactively to from
and after the effective date of this act to all convictions for offenses that
were committed before a person attained eighteen years of age, regardless of
the date on which the offenses were committed or the date on which sentences
were imposed. Any sentences imposed before the effective date of this act for
an offense that was committed before the person attained eighteen years of age
and that does not provide parole eligibility consistent with this act shall be
deemed to include parole eligibility in accordance with this act.

Sec. 7.
Legislative intent

A.

The legislature finds and declares:

1. That children differ
from adults in their level of maturity, decision-making capacity and
susceptibility to outside influences, and that these differences are relevant
to sentencing outcomes for offenses committed before a person attained eighteen
years of age.

2. That individuals who
committed offenses as juveniles possess a greater capacity for growth, change
and rehabilitation over time.�

B. The legislature intends:

1. To ensure that every
person who committed an offense before attaining eighteen years of age is
afforded parole eligibility and that no juvenile offender is sentenced under
this act to a term of imprisonment that permanently forecloses the possibility
of release.

2. That parole eligibility
be mandatory for all juvenile offenders and that thirty-five calendar years be
the longest period a juvenile offender may be required to serve before becoming
eligible for parole under this act.