HB 2469
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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
HB 2469: fentanyl; border; public health crisis
S/E: homicide; drug offenses; sentencing
Sponsor: Representative Montenegro, LD 29
Committee on Health & Human Services
Summary of the Strike-Everything Amendment to HB 2469
Overview
Establishes drug trafficking homicide as a criminal offense carrying a class 1 felony designation
and delineates elements and sentencing ranges specific to the offense. Includes drug trafficking
homicide in existing statutes allowing for enhanced sentencing under certain circumstances.
History
Current law outlines certain criminal offenses and sentencing classifications specific to different
types of drugs. Two of the main drug categories currently recognized in statute are those for
dangerous drugs and narcotic drugs, both of which are defined to encompass a detailed list of
materials, compounds, mixtures or preparations containing various substances or derivatives.
Each definition is quite comprehensive, but examples of dangerous drugs include
methamphetamine, phencyclidine (PCP) and anabolic steroids, while examples of narcotic drugs
include cocaine, fentanyl and heroin (A.R.S. § 13-3401).
With respect to either a dangerous drug or a narcotic drug, it is a criminal offense for a person to
knowingly do any of the following:
1) possess or use the drug, which is a generally a class 4 felony but may in certain
circumstances be designated a class 1 misdemeanor for first time offenses involving
certain dangerous drugs;
2) possess the drug for sale, which is a class 2 felony;
3) possess equipment or chemicals, or both, for the purpose of manufacturing the drug,
which is a class 3 felony or, if the drug involved is methamphetamine, a class 2 felony;
4) manufacture the drug, which is a class 2 felony;
5) administer the drug to another person, which is a class 2 felony;
6) obtain or procure the administration of the drug by fraud, deceit, misrepresentation or
subterfuge, which is a class 3 felony; or
7) transport for sale, import into Arizona, offer to transport for sale or import into Arizona, sell,
transfer or offer to sell or transfer the drug, which is a class 2 felony.
Notwithstanding the general sentencing classifications mentioned above, more specific
sentencing requirements may apply in certain circumstances, including discrete sentencing
ranges or probation eligibility provisions for specific drugs, amounts of drugs or repeat offenses
(A.R.S. §§ 13-3407, 13-3408, 13-3419, 13-3420).
Current law also provides for enhanced sentencing for various recognized categories of offenses,
including crimes that fall within the definitions of a dangerous offense (A.R.S. § 13-105), a
dangerous crime against children (DCAC) (A.R.S. § 13-705), a serious offense or a violent or HB 2469
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aggravated felony (A.R.S. § 13-706). The applicable term of imprisonment for an offense may
also be subject to change based on certain aggravating or mitigating circumstances found to be
present by a court or jury (A.R.S. § 13-701).
Statute currently requires that a person be sentenced to life imprisonment without eligibility for
suspension of sentence, probation, pardon or release from confinement, except for in specific
circumstances such as work release or compassionate leave, until the person has served at least
25 years or the sentence is commuted, if the following qualifications are met:
1) the person is at least 18 years old and has been tried as an adult;
2) the person is convicted of a serious offense except a drug offense, first degree murder or
any DCAC, whether a completed or preparatory offense; and
3) the person has previously been convicted of two or more serious offenses not committed
on the same occasion (A.R.S. § 13-706).
Many terms specific to the above-mentioned drug offenses, including administer, manufacture,
sale (or sell) and transfer, as well as the threshold amount of a certain drug for sentencing
purposes, are defined in (A.R.S. § 13-3401). Other terms that are generally applicable throughout
Title 13, such as possess and possession, in addition to culpable mental state, which includes
specific definitions for intentionally, knowingly, recklessly and criminal negligence, are defined in
(A.R.S. § 13-105).
Provisions
1. Establishes drug trafficking homicide as a criminal offense with the following two elements,
both of which must be met:
a) the person sells a dangerous drug in violation of A.R.S. § 13-3407 or a narcotic drug in
violation of A.R.S. § 13-3408 and injecting, inhaling, absorbing or ingesting the drug
causes another person's death; and
b) the sale of the dangerous drug or narcotic drug to the other person was a contributing
cause of the other person's death and the death did not result from a cause that is not
connected to the defendant. (Sec. 3)
2. Specifies that, for the second element mentioned above, the prosecution is not required to
prove that the sale of the dangerous drug or narcotic drug was the sole and immediate cause
of the other person's death. (Sec. 3)
3. Classifies drug trafficking homicide as a class 1 felony with a 10-25 year prison sentence (16
year presumptive), unless the convicted person has previously been convicted of drug
trafficking homicide or a class 2 or 3 felony involving a dangerous offense, in which case the
offense carries a 15-29 year prison sentence (20 year presumptive). (Sec. 3)
4. Allows the presumptive prison terms mentioned above to be aggravated or mitigated pursuant
to A.R.S. § 13-701. (Sec. 3)
5. Specifies that drug trafficking homicide is punishable as a DCAC if the victim is under 15 years
old and includes the offense in the definition of a DCAC and certain special sentencing
provisions applicable to such offenses. (Sec. 1, 3)
6. Adds drug trafficking homicide to the list of offenses currently included in the definitions of a
serious offense and a violent or aggravated felony. (Sec. 2)
7. Includes a serious offense that is also a drug offense as an offense that, upon conviction and
if other circumstances are met, requires a person to be sentenced to 25 years to life
imprisonment. (Sec. 2)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2469
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8. Entitles this act as the Ashley Dunn Act. (Sec. 4)
9. Makes technical changes. (Sec. 1)