HB 2355
Initials LC Page 1 House Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
House: JUD DP 9-0-1-0
HB 2355: second degree murder; sentencing
Sponsor: Representative Biasiucci, LD 5
House Engrossed
Overview
Modifies the sentencing guidelines for a person convicted of second degree murder of a minor
under the age of 15.
History
Under current law, a dangerous crime against children includes the following if committed against
a minor who is under 15 years of age: 1) second degree murder; 2) sexual assault; 3) sexual
conduct with a minor; 4) kidnapping; 5) attempted first degree murder; 6) child prostitution; 7)
involving or using minors in drug offenses; 8) sex trafficking; 9) aggravated assault; 10)
molestation of a child; 11) commercial and non-commercial sexual exploitation of a minor or luring
a minor for sexual exploitation; 12) child abuse; 13) unlawful mutilation; 14) bestiality, under
certain conditions; and 15) unlawful age misrepresentation. Dangerous crimes against children
are classified as class 3 felonies. Statute outlines specific sentences for dangerous crimes against
children that range from 5 years to life in prison, depending on the conditions of the offense and
the age of the victim (A.R.S. § 13-705).
If a person is convicted of a dangerous crime against children involving second degree murder
and does not receive a sentence of life imprisonment, the person must be sentenced as follows:
Minimum: 13 years; Presumptive: 20 years; Maximum: 27 years (A.R.S. § 13-705).
Provisions
1. States an adult, or person who was tried as an adult, who is convicted of a dangerous crime
against children in the first degree involving second degree murder of a minor under the age
of 15 may be sentenced to life imprisonment. (Sec. 1)
2. If a person is sentenced to life imprisonment for the above offense, the person is not eligible
for release on any basis, unless authorized by statute, until the person has served 35 years
or the sentence is commuted.
3. Specifies that if a life sentence is not imposed, the person must be sentenced to a term of
imprisonment as follows:
a) Minimum: 25 years;
b) Presumptive: 30 years; or
c) Maximum: 35 years. (Sec. 1)
4. Makes technical and conforming changes. (Sec. 1, 2, 3, 4, 5, 6)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note