HB 2540
Initials LC Page 1 House Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
House: JUD DPA 9-0-0-1
HB 2540: drug offenses; probation; undesignated felony
Sponsor: Representative Carter, LD 8
House Engrossed
Overview
Allows the court to designate specific drug offenses as a felony or misdemeanor depending upon
the successful termination of probation.
History
If a person is convicted of a class 6 felony that does not involve a dangerous offense, the court
may enter a judgment of a conviction for a class 1 misdemeanor or place the defendant on
probation and refrain from designating the offense as a felony or a misdemeanor until the
probation is terminated. The offense is treated as a felony for all purposes until the court enters
an order designating the offense as a misdemeanor. A person convicted of a class 6 felony and
has previously been convicted of two or more felonies is not eligible for the open designation
(A.R.S. § 13-604).
A person is guilty of a class 4 felony if the person commits the following offenses:
1) Manufacturing, selling or distributing a misbranded drug (A.R.S. § 13-3406);
2) Possessing or using a dangerous drug, including lysergic acid diethylamide,
methamphetamine or amphetamine (A.R.S. § 13-3407); or
3) Possessing or using a narcotic drug (A.R.S. § 13-3408).
Provisions
1. Allows the court, on motion of the state, to place a defendant who manufactured, sold or
distributed a misbranded drug on probation and refrain from designating the offense as a
felony or misdemeanor until the probation is successfully terminated if the following apply:
a) The person is a first-time felony offender; and
b) The person has not been previously convicted of another specified drug offense. (Sec. 1)
2. Allows the court, on motion of the state, to place a defendant who possessed or used lysergic
acid diethylamide, methamphetamine or amphetamine on probation and refrain from
designating the offense as a felony or misdemeanor until the probation is successfully
terminated if the following apply:
a) The person is a first-time felony offender; and
b) The person has not been previously convicted of another specified drug offense. (Sec. 2)
3. Allows the court, on motion of the state, to place a defendant who possessed or used a
narcotic drug on probation and refrain from designating the offense as a felony or
misdemeanor until the probation is successfully terminated if the following apply:
a) The person is a first-time felony offender; and
b) The person has not been previously convicted of another specified drug offense. (Sec. 3)
4. Specifies manufacturing, selling or distributing a misbranded drug must be treated as a
misdemeanor, with exceptions, until the court enters an order designating the offense a felony.
(Sec. 1)
HB 2540
Initials LC Page 2 House Engrossed
5. Specifies a person who possessed or used lysergic acid diethylamide, methamphetamine or
amphetamine or possessed or used a narcotic drug must be treated as a felony for all
purposes until the court enters an order designating the offense a misdemeanor. (Sec. 1, 2,
3)
6. Removes language allowing the court, for specified narcotic possession or use offenses, to
enter a judgment of conviction for a class 1 misdemeanor and make disposition accordingly.
(Sec. 2)
7. Makes technical and conforming corrections. (Sec. 1, 2, 3)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note