Arizona 2025 Regular Session

Arizona House Bill HB2857 Compare Versions

Only one version of the bill is available at this time.

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1	1	REFERENCE TITLE: mandatory minimum sentences; judicial discretion State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HB 2857 Introduced by Representative Rivero AN ACT amending title 13, chapter 7, Arizona Revised Statutes, by adding section 13-721; relating to sentencing. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9	9	REFERENCE TITLE: mandatory minimum sentences; judicial discretion
10	10	State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
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14	14	REFERENCE TITLE: mandatory minimum sentences; judicial discretion
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24	24	State of Arizona
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40	40	HB 2857
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64	64	AN ACT
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68	68	amending title 13, chapter 7, Arizona Revised Statutes, by adding section 13-721; relating to sentencing.
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74	74	(TEXT OF BILL BEGINS ON NEXT PAGE)
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78	78	Be it enacted by the Legislature of the State of Arizona: Section 1. Title 13, chapter 7, Arizona Revised Statutes, is amended by adding section 13-721, to read: START_STATUTE13-721. Mandatory prison sentence; judicial discretion; annual report A. Notwithstanding any other law, when sentencing a defendant who is convicted of an offense that requires a mandatory prison sentence, the court may depart from the applicable mandatory prison sentence and impose a shorter prison sentence or suspend the sentence and impose a term of probation if the court finds that, in giving due regard to the nature of the offense and the defendant's history and character, both of the following apply: 1. The imposition of the mandatory prison sentence would result in an injustice to the defendant. 2. The mandatory prison sentence is not necessary for the protection of the public. B. This section does not apply to a conviction for any of the following: 1. An offense involving death or serious physical injury to another person. 2. An offense that is listed in chapter 14 of this title and that is committed by the defendant against a minor, other than an offense involving sexual conduct if the victim was fifteen, sixteen or seventeen years of age, the defendant was under nineteen years of age or attending high school and was not more than twenty-four months older than the victim, and the conduct was voluntary. 3. An offense in which the defendant engages in a continuing criminal enterprise. C. The court shall state on the record in each case in which the court departs from a mandatory prison sentence the reason for departing from the mandatory prison sentence. D. The administrative office of the courts shall submit an annual report to the Arizona criminal justice commission that contains the name, age, race and gender of the defendant for each case in which the court departed from a mandatory prison sentence. END_STATUTE Sec. 2. Short title This act may be cited as the "Arizona Judicial Discretion Act".
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80	80	Be it enacted by the Legislature of the State of Arizona:
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82	82	Section 1. Title 13, chapter 7, Arizona Revised Statutes, is amended by adding section 13-721, to read:
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84	84	START_STATUTE13-721. Mandatory prison sentence; judicial discretion; annual report
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86	86	A. Notwithstanding any other law, when sentencing a defendant who is convicted of an offense that requires a mandatory prison sentence, the court may depart from the applicable mandatory prison sentence and impose a shorter prison sentence or suspend the sentence and impose a term of probation if the court finds that, in giving due regard to the nature of the offense and the defendant's history and character, both of the following apply:
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88	88	1. The imposition of the mandatory prison sentence would result in an injustice to the defendant.
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90	90	2. The mandatory prison sentence is not necessary for the protection of the public.
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92	92	B. This section does not apply to a conviction for any of the following:
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94	94	1. An offense involving death or serious physical injury to another person.
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96	96	2. An offense that is listed in chapter 14 of this title and that is committed by the defendant against a minor, other than an offense involving sexual conduct if the victim was fifteen, sixteen or seventeen years of age, the defendant was under nineteen years of age or attending high school and was not more than twenty-four months older than the victim, and the conduct was voluntary.
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98	98	3. An offense in which the defendant engages in a continuing criminal enterprise.
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100	100	C. The court shall state on the record in each case in which the court departs from a mandatory prison sentence the reason for departing from the mandatory prison sentence.
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102	102	D. The administrative office of the courts shall submit an annual report to the Arizona criminal justice commission that contains the name, age, race and gender of the defendant for each case in which the court departed from a mandatory prison sentence. END_STATUTE
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104	104	Sec. 2. Short title
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106	106	This act may be cited as the "Arizona Judicial Discretion Act".