HB 2820
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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
HB 2820: drug trafficking homicide; sentencing
Sponsor: Representative Nguyen, LD 1
Committee on Judiciary
Overview
Establishes drug trafficking homicide as a class 1 felony offense and prescribes special
sentencing ranges and enhancements that may apply in certain circumstances.
History
The criminal code currently includes four types of homicide offenses:
1) first degree murder (A.R.S. § 13-1105);
2) second degree murder (A.R.S. § 13-1104);
3) manslaughter (A.R.S. § 13-1103); and
4) negligent homicide (A.R.S. § 13-1102).
The criminal code also outlines certain criminal offenses and sentencing classifications
specific to different types of drugs. Two of these drug categories are 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.
Examples of dangerous drugs include mescaline, methamphetamine and phencyclidine
(PCP), while examples of narcotic drugs include cocaine, fentanyl and heroin (A.R.S. § 13-
3401).
Criminal offenses relating to dangerous drugs and narcotic drugs are prescribed in A.R.S. §§
13-3407 and 13-3408, respectively, and while there are distinctions, both statutes largely
mirror each other as to the core offenses. Under subsection A, paragraph 7 of both statutes,
it is a class 2 felony offense to knowingly transport for sale, import into Arizona, offer to
transport for sale or import into Arizona, sell, transfer or offer to sell or transfer a dangerous
drug or a narcotic drug. For these purposes, sale (or sell) means an exchange for anything of
value or advantage, present or prospective (A.R.S. § 13-3401).
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 aggravated felony (A.R.S. § 13-706). The applicable term of imprisonment for an
offense may also be aggravated or mitigated if certain other circumstances are found to be
present (A.R.S. § 13-701).
Provisions
1. Adds drug trafficking homicide as a new homicide offense in the criminal code, which a
person commits if all of the following circumstances are met:
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2820
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a) the person sells a dangerous drug under A.R.S. § 13-3407, subsection A, paragraph 7
or sells a narcotic drug under A.R.S. § 13-3408, subsection A, paragraph 7;
b) injecting, inhaling, absorbing or ingesting a dangerous drug or narcotic drug, either
alone or in combination with other dangerous drugs or narcotic drugs, causes the
death of the person to whom the drug was sold; and
c) the person knows, has reason to know or is criminally negligent as to the identity of
the drug. (Sec. 3)
2. Classifies drug trafficking homicide as a class 1 felony carrying 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)
3. Permits the presumptive prison terms above to be aggravated or mitigated under A.R.S.
§ 13-701. (Sec. 3)
4. Specifies that drug trafficking homicide is punishable as a DCAC if the victim is under
15 years old. (Sec. 1, 3)
5. 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)
6. 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)
7. States legislative findings and intent. (Sec. 4)
8. Makes technical changes. (Sec. 1)