| 69 | | - | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 13-604, Arizona Revised Statutes, is amended to read: START_STATUTE13-604. Class 6 felony; designation A. Notwithstanding any other provision of this title, if a person is convicted of any class 6 felony not involving a dangerous offense and if the court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that it would be unduly harsh to sentence the defendant for a felony, the court may enter judgment of conviction for a class 1 misdemeanor and make disposition accordingly or may place the defendant on probation in accordance with chapter 9 of this title and refrain from designating the offense as a felony or misdemeanor until the probation is terminated. The offense shall be treated as a misdemeanor for all purposes until such time as the court may actually enter an order designating the offense a misdemeanor or a felony. This subsection does not apply to any person who stands convicted of a class 6 felony and who has previously been convicted of two or more felonies. B. Notwithstanding subsection A of this section and until the court actually enters an order designating an offense a misdemeanor or a felony, the offense shall be treated as a felony conviction for all of the following purposes: 1. Placing the defendant on felony probation pursuant to chapter 9 of this title, including for the purposes of title 31, chapter 3, article 4.1. 2. For the purposes of DNA collection pursuant to section 13-610. 3. Determining the defendant's right to possess a firearm pursuant to chapter 31 of this title. 4. Being used as a historical prior felony conviction. 5. Being admissible for impeachment purposes in a subsequent trial. 6. Being used to enhance the sentence pursuant to chapter 7 of this title. 7. For the purposes of issuing a lifetime injunction under section 13-719, subsection A. C. The court shall designate an undesignated offense as a misdemeanor on the defendant's successful fulfillment of the conditions of probation and discharge by the court. The defendant successfully fulfills the conditions of probation if, in the discretion of the court, the defendant has satisfied the conditions of probation. This subsection applies to a defendant who owes any outstanding monetary obligation unless the defendant owes victim restitution or has wilfully failed to pay the monetary obligation. D. If a crime or public offense is punishable in the discretion of the court by a sentence as a class 6 felony or a class 1 misdemeanor, the offense shall be deemed a misdemeanor if the prosecuting attorney files any of the following: 1. An information in superior court designating the offense as a misdemeanor. 2. A complaint in justice court or municipal court designating the offense as a misdemeanor within the jurisdiction of the respective court. 3. A complaint, with the consent of the defendant, before or during the preliminary hearing amending the complaint to charge a misdemeanor. END_STATUTE Sec. 2. Section 13-719, Arizona Revised Statutes, is amended to read: START_STATUTE13-719. Lifetime injunction; offenses; registration; previously sentenced defendants A. At the time of sentencing, on the request of the victim or the prosecutor, the superior court shall issue an injunction that prohibits the defendant from contacting the victim if the defendant is convicted of any of the following offenses, whether completed or preparatory: 1. A dangerous offense as defined in section 13-105 that is a felony. 2. A serious offense or violent or aggravated felony as defined in section 13-706. 3. A felony offense included in chapter 14 or 35.1 of this title. 4. A felony offense as set forth in section 13-1204, subsection B. 5. A felony offense as set forth in section 13-1424. 6. A felony offense as set forth in section 13-2923. B. An injunction issued pursuant to subsection A of this section is effective immediately and shall be served on the defendant at the time of sentencing. C. The court shall provide information to the department of public safety to register the injunction with the national crime information center and shall notify the victim of the injunction. D. If the victim did not request an injunction at the time of sentencing pursuant to subsection A of this section or the sentencing occurred before September 24, 2022, the victim may submit a petition to the superior court requesting an injunction against a defendant who was sentenced for an offense listed in subsection A of this section, and the court may not charge a fee for filing the petition. A law enforcement agency shall serve an injunction issued pursuant to this subsection at no charge to the victim. E. An injunction that is issued pursuant to this section does not expire and is valid for the defendant's natural lifetime unless any of the following occurs: 1. The defendant makes a showing to the court that either: (a) The victim has died. (b) The conviction has been dismissed, expunged or overturned or the defendant has been pardoned. 2. The victim submits a written request to the court for an early expiration. The court may hold a hearing to verify the victim's request to dismiss the injunction. F. Notwithstanding any other law, a conviction that is designated a misdemeanor pursuant to section 13-604, set aside pursuant to section 13-905 or sealed pursuant to section 13-911 does not affect the validity of a lifetime injunction that is issued pursuant to this section and does not prohibit a victim from submitting a petition to the superior court requesting a lifetime injunction. END_STATUTE |
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| 80 | + | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 13-604, Arizona Revised Statutes, is amended to read: START_STATUTE13-604. Class 6 felony; designation A. Notwithstanding any other provision of this title, if a person is convicted of any class 6 felony not involving a dangerous offense and if the court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that it would be unduly harsh to sentence the defendant for a felony, the court may enter judgment of conviction for a class 1 misdemeanor and make disposition accordingly or may place the defendant on probation in accordance with chapter 9 of this title and refrain from designating the offense as a felony or misdemeanor until the probation is terminated. The offense shall be treated as a misdemeanor for all purposes until such time as the court may actually enter an order designating the offense a misdemeanor or a felony. This subsection does not apply to any person who stands convicted of a class 6 felony and who has previously been convicted of two or more felonies. B. Notwithstanding subsection A of this section and until the court actually enters an order designating an offense a misdemeanor or a felony, the offense shall be treated as a felony conviction for all of the following purposes: 1. Placing the defendant on felony probation pursuant to chapter 9 of this title, including for the purposes of title 31, chapter 3, article 4.1. 2. For the purposes of DNA collection pursuant to section 13-610. 3. Determining the defendant's right to possess a firearm pursuant to chapter 31 of this title. 4. Being used as a historical prior felony conviction. 5. Being admissible for impeachment purposes in a subsequent trial. 6. Being used to enhance the sentence pursuant to chapter 7 of this title. 7. For the purposes of issuing a lifetime injunction under section 13-719, subsection A. C. The court shall designate an undesignated offense as a misdemeanor on the defendant's successful fulfillment of the conditions of probation and discharge by the court. The defendant successfully fulfills the conditions of probation if, in the discretion of the court, the defendant has satisfied the conditions of probation. This subsection applies to a defendant who owes any outstanding monetary obligation unless the defendant owes victim restitution or has wilfully failed to pay the monetary obligation. D. If a crime or public offense is punishable in the discretion of the court by a sentence as a class 6 felony or a class 1 misdemeanor, the offense shall be deemed a misdemeanor if the prosecuting attorney files any of the following: 1. An information in superior court designating the offense as a misdemeanor. 2. A complaint in justice court or municipal court designating the offense as a misdemeanor within the jurisdiction of the respective court. 3. A complaint, with the consent of the defendant, before or during the preliminary hearing amending the complaint to charge a misdemeanor. END_STATUTE Sec. 2. Section 13-719, Arizona Revised Statutes, is amended to read: START_STATUTE13-719. Lifetime injunction; offenses; registration; previously sentenced defendants A. At the time of sentencing, on the request of the victim or the prosecutor, the court shall issue an injunction that prohibits the defendant from contacting the victim if the defendant is convicted of any of the following offenses, whether completed or preparatory: 1. A dangerous offense as defined in section 13-105 that is a felony. 2. A serious offense or violent or aggravated felony as defined in section 13-706. 3. A felony offense included in chapter 14 or 35.1 of this title. 4. A felony offense as set forth in section 13-1204, subsection B. 5. A felony offense as set forth in section 13-1424. 6. A felony offense as set forth in section 13-2923. B. An injunction issued pursuant to subsection A of this section is effective immediately and shall be served on the defendant at the time of sentencing. C. The court shall provide information to the department of public safety to register the injunction with the national crime information center and shall notify the victim of the injunction. D. If the victim did not request an injunction at the time of sentencing pursuant to subsection A of this section or the sentencing occurred before September 24, 2022, the victim may submit a petition to the court requesting an injunction against a defendant who was sentenced for an offense listed in subsection A of this section, and the court may not charge a fee for filing the petition. A law enforcement agency shall serve an injunction issued pursuant to this subsection at no charge to the victim. E. An injunction that is issued pursuant to this section does not expire and is valid for the defendant's natural lifetime unless any of the following occurs: 1. The defendant makes a showing to the court that either: (a) The victim has died. (b) The conviction has been dismissed, expunged or overturned or the defendant has been pardoned. 2. The victim submits a written request to the court for an early expiration. The court may hold a hearing to verify the victim's request to dismiss the injunction. F. Notwithstanding any other law, a conviction that is designated a misdemeanor pursuant to section 13-604, set aside pursuant to section 13-905 or sealed pursuant to section 13-911 does not affect the validity of a lifetime injunction that is issued pursuant to this section and does not prohibit a victim from submitting a petition to the court requesting a lifetime injunction. END_STATUTE |
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| 70 | 81 | | |
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| 71 | 82 | | Be it enacted by the Legislature of the State of Arizona: |
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| 72 | 83 | | |
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| 73 | 84 | | Section 1. Section 13-604, Arizona Revised Statutes, is amended to read: |
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| 74 | 85 | | |
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| 75 | 86 | | START_STATUTE13-604. Class 6 felony; designation |
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| 76 | 87 | | |
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| 77 | 88 | | A. Notwithstanding any other provision of this title, if a person is convicted of any class 6 felony not involving a dangerous offense and if the court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that it would be unduly harsh to sentence the defendant for a felony, the court may enter judgment of conviction for a class 1 misdemeanor and make disposition accordingly or may place the defendant on probation in accordance with chapter 9 of this title and refrain from designating the offense as a felony or misdemeanor until the probation is terminated. The offense shall be treated as a misdemeanor for all purposes until such time as the court may actually enter an order designating the offense a misdemeanor or a felony. This subsection does not apply to any person who stands convicted of a class 6 felony and who has previously been convicted of two or more felonies. |
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| 78 | 89 | | |
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| 79 | 90 | | B. Notwithstanding subsection A of this section and until the court actually enters an order designating an offense a misdemeanor or a felony, the offense shall be treated as a felony conviction for all of the following purposes: |
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| 80 | 91 | | |
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| 81 | 92 | | 1. Placing the defendant on felony probation pursuant to chapter 9 of this title, including for the purposes of title 31, chapter 3, article 4.1. |
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| 82 | 93 | | |
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| 83 | 94 | | 2. For the purposes of DNA collection pursuant to section 13-610. |
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| 84 | 95 | | |
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| 85 | 96 | | 3. Determining the defendant's right to possess a firearm pursuant to chapter 31 of this title. |
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| 86 | 97 | | |
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| 87 | 98 | | 4. Being used as a historical prior felony conviction. |
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| 88 | 99 | | |
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| 89 | 100 | | 5. Being admissible for impeachment purposes in a subsequent trial. |
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| 90 | 101 | | |
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| 91 | 102 | | 6. Being used to enhance the sentence pursuant to chapter 7 of this title. |
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| 92 | 103 | | |
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| 93 | 104 | | 7. For the purposes of issuing a lifetime injunction under section 13-719, subsection A. |
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| 94 | 105 | | |
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| 95 | 106 | | C. The court shall designate an undesignated offense as a misdemeanor on the defendant's successful fulfillment of the conditions of probation and discharge by the court. The defendant successfully fulfills the conditions of probation if, in the discretion of the court, the defendant has satisfied the conditions of probation. This subsection applies to a defendant who owes any outstanding monetary obligation unless the defendant owes victim restitution or has wilfully failed to pay the monetary obligation. |
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| 96 | 107 | | |
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| 97 | 108 | | D. If a crime or public offense is punishable in the discretion of the court by a sentence as a class 6 felony or a class 1 misdemeanor, the offense shall be deemed a misdemeanor if the prosecuting attorney files any of the following: |
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| 98 | 109 | | |
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| 99 | 110 | | 1. An information in superior court designating the offense as a misdemeanor. |
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| 100 | 111 | | |
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| 101 | 112 | | 2. A complaint in justice court or municipal court designating the offense as a misdemeanor within the jurisdiction of the respective court. |
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| 102 | 113 | | |
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| 103 | 114 | | 3. A complaint, with the consent of the defendant, before or during the preliminary hearing amending the complaint to charge a misdemeanor. END_STATUTE |
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| 104 | 115 | | |
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| 105 | 116 | | Sec. 2. Section 13-719, Arizona Revised Statutes, is amended to read: |
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| 106 | 117 | | |
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| 107 | 118 | | START_STATUTE13-719. Lifetime injunction; offenses; registration; previously sentenced defendants |
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| 108 | 119 | | |
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| 110 | 121 | | |
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| 111 | 122 | | 1. A dangerous offense as defined in section 13-105 that is a felony. |
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| 112 | 123 | | |
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| 113 | 124 | | 2. A serious offense or violent or aggravated felony as defined in section 13-706. |
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| 114 | 125 | | |
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| 115 | 126 | | 3. A felony offense included in chapter 14 or 35.1 of this title. |
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| 116 | 127 | | |
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| 117 | 128 | | 4. A felony offense as set forth in section 13-1204, subsection B. |
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| 118 | 129 | | |
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| 119 | 130 | | 5. A felony offense as set forth in section 13-1424. |
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| 120 | 131 | | |
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| 121 | 132 | | 6. A felony offense as set forth in section 13-2923. |
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| 122 | 133 | | |
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| 123 | 134 | | B. An injunction issued pursuant to subsection A of this section is effective immediately and shall be served on the defendant at the time of sentencing. |
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| 124 | 135 | | |
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| 125 | 136 | | C. The court shall provide information to the department of public safety to register the injunction with the national crime information center and shall notify the victim of the injunction. |
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| 126 | 137 | | |
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