A.R.S. T. 13, Disp Table

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

DISPOSITION TABLE

Showing where the subject matter of the repealed or transferred and renumbered sections of the pre-existing Criminal Code was covered by sections in the revised Criminal Code, as revised in 1977 and 1978, by sections outside Title 13, or by court rules:

Repealed or Renumbered Sections

1977 Sections or Rules

1978 Sections or Rules

13-101

13-105

13-105

13-102

None

None

13-103

13-105

13-105

13-701

13-601

13-104

13-702

13-602

13-105

None

None

13-106

13-107

13-107

13-107

None

None

13-108

13-601

13-1001

13-109

13-110

13-110

13-110

13-601

13-1001

13-111

13-601

13-1001

13-112

13-201

13-201

13-113

13-108

13-108

13-114

None

None

13-131

13-201

13-201

13-203

13-203

13-502

13-502

13-132

13-503

13-503

13-133

None

None

13-134

13-201

13-201

13-204

13-204

13-412

13-412

13-135

13-501

13-501

13-502

13-502

13-135.01

13-3993

13-3993

13-136

13-302

13-302

13-137

None

None

13-138

None

None

13-139

13-301

13-301

13-140

13-302

13-302

13-303

13-303

13-304

13-304

13-305

13-305

13-306

13-306

13-141

13-2510

13-2510

13-2511

13-2511

13-2512

13-2512

13-142

13-304

13-304

13-143

13-2511

13-2511

13-2512

13-2512

13-144

13-602

13-1002

13-604

13-1004

13-145

13-111

13-111

13-146

13-112

13-112

13-161

13-114

13-114

13-162

13-115

13-115

13-163

13-117

13-117

13-164

13-118

13-3971

13-165

13-119

13-3972

13-166

13-120

13-120

13-201

13-3601

13-3601

13-202

13-3602

13-3602

13-211

13-3603

13-3603

13-212

13-3604

13-3604

13-213

13-3605

13-3605

13-221

13-1408

13-1408

13-222

13-1409

13-1409

13-231

13-1703

13-1703

13-1704

13-1704

13-232

13-1703

13-1703

13-1704

13-1704

13-233

13-1703

13-1703

13-1704

13-1704

13-234

13-601

13-1001

13-1703

13-1703

13-1704

13-1704

13-235

None

None

13-236

13-1703

13-1703

13-1704

13-1704

13-241

13-1203

13-1203

13-242

13-1203

13-1203

13-243

13-1203

13-1203

13-244

13-1203

13-1203

13-245

13-1204

13-1204

13-246

13-402

13-402

13-403

13-403

13-406

13-406

13-407

13-407

13-408

13-408

13-409

13-409

13-247

None

None

13-248

13-1204

13-1204

13-249

13-1204

13-1204

13-250

13-1204

13-1204

13-251

13-1204

13-1204

13-252

13-601

13-1001

13-253

13-601

13-1001

13-261

32-263

32-263

13-262

32-261

32-261

13-263

None

None

13-271

13-3606

13-3606

13-272

None

None

13-273

13-3607

13-3607

13-281 (Original)

13-2602

13-2602

13-2604

13-2604

13-281 (1967 Amend.)

13-2601

13-2601

13-281.01

None

None

13-281.02

13-2602

13-2602

13-281.03

13-2602

13-2602

13-282

13-2602

13-2602

13-283

13-2602

13-2602

13-284

13-2602

13-2602

13-285

13-2602

13-2602

13-286

13-2602

13-2602

13-287

13-2602

13-2602

13-2805

13-2805

13-288

13-2602

13-2602

13-2806

13-2806

13-289

13-2802

13-2802

13-2804

13-2804

13-290

13-2803

13-2803

13-291

13-3006

13-3006

13-292

13-2309

13-2309

13-293

None

None

13-294

13-2604

13-2604

13-301

13-1501

13-1501

13-302

13-1506

13-1506

13-1507

13-1507

13-1508

13-1508

13-303

13-1506

13-1506

13-1507

13-1507

13-304

13-1505

13-1505

13-311

13-3710

13-2310

13-312

13-3710

13-2310

13-312.01

13-3707

13-3707

13-312.02

13-3709

13-3709

13-313

None

None

13-314

None

None

13-315

13-2002

13-2002

13-316

None

None

13-317

13-3710

13-2310

13-3711

13-2311

13-318

None

None

13-319

None

None

13-320

None

None

13-320.01

13-3710

13-2310

13-320.02

13-3711

13-2311

13-321

13-2405

13-2405

13-2510

13-2510

13-331

13-603

13-1003

13-332

13-603

13-1003

13-333

None

None

13-341

13-2810

13-2810

13-351

None

None

13-352

None

None

13-353

None

None

13-354

None

None

13-355

None

None

13-356

None

None

13-357

None

None

13-358

None

None

13-359

13-3001

13-3001

13-371

13-2904

13-2904

13-372

13-2904

13-2904

13-373

13-2904

13-2904

13-374

13-2904

13-2904

13-2911

13-2911

13-375

13-2904

13-2904

13-376

13-2908

13-2908

13-377

13-2904

13-2904

13-378

13-2904

13-2904

13-379

13-2908

13-2908

13-381

None

None

13-382

None

None

13-383

None

None

13-384

None

None

13-385

None

None

13-391

13-2510

13-2510

13-2511

13-2511

13-2512

13-2512

13-392

13-2503

13-2503

13-2504

13-2504

13-393

13-2502

13-2502

13-2503

13-2503

13-2504

13-2504

13-393.01

13-2502

13-2502

13-2503

13-2503

13-2504

13-2504

13-394

None

None

13-395

13-2503

13-2503

13-2504

13-2504

13-396

13-2502

13-2502

13-2503

13-2503

13-2504

13-2504

13-401

13-1804

13-1804

13-2301

13-2301

13-2302

13-2302

13-402

13-601

13-1001

13-1804

13-1804

13-403

13-601

13-1001

13-1804

13-1804

13-404

13-1804

13-1804

13-411

13-2006

13-2006

13-2406

13-2406

13-412

13-2006

13-2006

13-2406

13-2406

13-413

13-2406

13-2406

13-421

13-2002

13-2002

13-2407

13-2407

13-422

13-3002

13-3002

13-423

13-2002

13-2002

13-424

None

None

13-425

13-2004

13-2004

13-426

13-2003

13-2003

13-2004

13-2004

13-427

13-2002

13-2002

13-2004

13-2004

13-431

13-3301

13-330

13-432

13-3302

13-3302

13-433

None

None

13-434

None

None

13-435

13-3303

13-3303

13-436

13-3304

13-3304

13-437

13-3305

13-3305

13-438

None

None

13-439

13-3306

13-3306

13-440

13-3307

13-3307

13-451

13-1101

13-1101

13-452

13-1104

13-1104

13-1105

13-1105

13-453

13-901

13-701

13-901.01

13-702

13-902

13-703

13-1104

13-1104

13-1105

13-1105

13-454

13-902

13-703

13-455

13-1103

13-1103

13-456

13-1102

13-1102

13-1103

13-1103

13-457

13-1102

13-1102

13-1103

13-1103

13-458

None

None

13-459

13-1102

13-1102

13-460

None

None

13-461

13-409

13-409

13-410

13-410

13-411

13-411

13-462

13-401

13-401

13-404

13-404

13-405

13-405

13-406

13-406

13-407

13-407

13-408

13-408

13-409

13-409

13-410

13-410

13-411

13-411

13-463

13-401

13-401

13-471

13-3608

13-3608

13-481

13-2402

13-2402

13-491

13-1304

13-1304

13-492

13-1304

13-1304

13-501

13-1602

13-1602

13-502

13-1602

13-1602

13-503

13-1602

13-1602

13-504

13-1602

13-1602

13-505

None

None

13-506

None

None

13-507

13-1602

13-1602

13-508

13-3003

13-3003

13-509

13-1602

13-1602

13-3703

13-3703

13-510

None

None

13-511

13-1602

13-1602

13-3703

13-3703

13-512

13-1602

13-1602

13-521

13-1204

13-1204

13-531

13-1402

13-1402

13-531.01

13-3501

13-3501

13-532

13-3502

13-3502

13-533

13-3503

13-3503

13-534

13-3504

13-3504

13-535

13-3505

13-3505

13-536

13-3506

13-3506

13-537

13-3507

13-3507

13-538

None

13-3508

13-541

13-2402

13-2402

13-2508

13-2508

13-541.01

13-2409

13-2409

13-542

13-2403

13-2403

13-543

None

None

13-544

13-2813

13-2813

13-545

None

None

13-546

13-2602

13-2602

13-547

13-2002

13-2002

13-2004

13-2004

13-2809

13-2809

13-548

13-2602

13-2602

13-549

13-2602

13-2602

13-550

13-2510

13-2510

13-2511

13-2511

13-2512

13-2512

13-561

13-2702

13-2702

13-562

13-2705

13-2705

13-563

13-2702

13-2702

13-564

13-2705

13-2705

13-565

13-2701

13-2701

13-566

13-2707

13-2707

13-567

None

None

13-568

13-2702

13-2702

13-569

13-2706

13-2706

13-570

13-2802

13-2802

13-2804

13-2804

13-571

13-2706

13-2706

13-572

13-2702

13-2702

13-581

13-3201

13-3201

13-582

13-3202

13-3202

13-583

13-3203

13-3203

13-584

13-3204

13-3204

13-585

None

None

13-586

13-3205

13-3205

13-587

13-3206

13-3206

13-588

13-3207

13-3207

13-589

13-2908

13-2908

13-3208

13-3208

13-590

13-2908

13-2908

13-591

13-3209

13-3209

13-592

13-3210

13-3210

13-593

None

None

13-601

13-2908

13-2908

None

13-2917

13-601.01

13-2908

13-2908

None

13-2917

13-3502

13-3502

13-602

13-2908

13-2908

13-603

13-1603

13-1603

13-611

13-1405

13-1405

13-1406

13-1406

13-612

13-1401

13-1401

13-613

13-501

13-501

13-614

13-1405

13-1405

13-1406

13-1406

13-615

None

None

13-621

13-1802

13-1802

13-631

13-2903

13-2903

13-631.01

13-602

13-1002

13-2903

13-2903

13-632

13-601

13-1001

13-2903

13-2903

13-633

13-2902

13-2902

13-634

13-2902

13-2902

13-2904

13-2904

13-635

13-2904

13-2904

13-641

13-1902

13-1902

13-1903

13-1903

13-1904

13-1904

13-642

13-1901

13-1901

13-643

13-1902

13-1902

13-1903

13-1903

13-1904

13-1904

13-644

None

None

13-651

13-1411

13-1411

13-652

13-1412

13-1412

13-653

13-1410

13-1410

13-661

13-1802

13-1802

13-662

None

None

13-663

13-1802

13-1802

13-664

None

None

13-665

13-1801

13-1801

13-666

13-1801

13-1801

13-667

13-1801

13-1801

13-668

13-1801

13-1801

13-669

None

None

13-670

None

None

13-671

13-1802

13-1802

13-672

13-1802

13-1802

13-1803

13-1803

13-672.01

13-1802

13-1802

13-673

13-1805

13-1805

13-674

13-2911

13-2911

13-675

13-1303

13-1303

13-1805

13-1805

13-676

13-1802

13-1802

13-677

13-1806

13-1806

13-681

13-1802

13-1802

13-682

13-1802

13-1802

13-1806

13-1806

13-683

None

None

13-684

None

None

13-685

None

None

13-686

None

None

13-687

None

None

13-688

13-1802

13-1802

13-689

13-1802

13-1802

13-701

None

None

13-702

None

None

13-703

None

None

13-704

None

None

13-707

None

None

13-707.01

None

None

13-711

13-1502

13-1502

13-1503

13-1503

13-1504

13-1504

13-712

13-1502

13-1502

13-1602

13-1602

13-713

13-1502

13-1502

37-501

37-501

41-511.13

41-511.13

13-714

None

None

13-801

13-3609

13-3609

13-802

13-3610

13-3610

13-803

13-3611

13-3611

13-804

None

None

13-811

13-2814

13-2814

13-821

13-3612

13-3612

13-822

13-3613

13-3613

13-823

13-3614

13-3614

13-824

13-3615

13-3615

13-825

13-3616

13-3616

13-826

13-3617

13-3617

13-827

13-3618

13-3618

13-841

13-1302

13-1302

13-842

13-3619

13-3619

13-842.01

13-3620

13-3620

13-843

13-3621

13-3621

13-844

13-3622

13-3622

13-845

13-1302

13-1302

13-861

13-3704

13-3704

13-862

13-3704

13-3704

13-863

13-2910

13-2910

13-864

13-1205

13-1205

13-881

13-1602

13-1602

13-3104

13-3104

13-882

13-1602

13-1602

13-883

13-1602

13-1602

13-884

13-1502

13-1502

13-885

13-1602

13-1602

13-886

13-2912

13-2912

13-887

13-2913

13-2913

13-888

13-2914

13-2914

13-889

13-2915

13-2915

13-890

13-1602

13-1602

13-891

None

None

13-892

13-1602

13-1602

13-893

13-1602

13-1602

13-894

13-1602

13-1602

13-895

13-2916

13-2916

13-911

13-3101

13-3101

13-3102

13-3102

13-912

13-3101

13-3101

13-3102

13-3102

13-913

13-3101

13-3101

13-3102

13-3102

13-914

13-106

13-106

13-3105

13-3105

13-915

13-1204

13-1204

13-3102

13-3102

13-916

13-1204

13-1204

13-917

13-1204

13-1204

13-917.01

13-3107

13-3107

13-917.02

13-3108

13-3108

13-918

13-3109

13-3109

13-919

13-3101

13-3101

13-3102

13-3102

13-920

13-1204

13-1204

13-2904

13-2904

13-921

13-3103

13-3103

13-922

13-1204

13-1204

13-3101

13-3101

13-3104

13-3104

13-923

13-3102

13-3102

13-3103

13-3103

13-924

13-3101

13-3101

13-941

13-1702

13-1702

13-942

13-1702

13-1702

13-943

13-1702

13-1702

13-944

13-2404

13-2404

13-2904

13-2904

13-945

13-2907

13-2907

13-951

13-2910

13-2910

13-951.01

13-2910

13-2910

13-952

13-2910

13-2910

13-953

13-2910

13-2910

13-961

13-1303

13-1303

13-962

None

None

13-971

13-2007

13-2007

13-972

13-2007

13-2007

13-981

13-1202

13-1202

13-982

None

None

13-983

None

None

13-991

13-2905

13-2905

13-992

13-1404

13-1404

13-1410

13-1410

13-2905

13-2905

13-993

13-2905

13-2905

13-1001

13-1505

13-1505

13-1002

13-3708

13-3708

13-1003

13-1602

13-1602

13-1802

13-1802

13-1004

13-2904

13-2904

13-1005

13-2904

13-2904

13-1006

None

None

13-1007

None

None

13-1008

None

None

13-1009

13-2203

13-2203

13-1010

13-1202

13-1202

13-1011

24-344

24-344

13-1012

45-109

45-109

13-1013

None

None

13-1014

45-109

45-109

13-1015

3-320

3-320

13-1016

None

None

13-1017

None

None

13-1018

13-3706

13-3706

13-1019

None

None

13-1020

13-3701

13-3701

13-1021

None

None

13-1022

13-1204

13-1204

13-1602

13-1602

13-2908

13-2908

13-1024

13-3705

13-3705

13-1025

13-3701

13-3701

13-1026

13-3702

13-3702

13-1027

13-3712

13-3712

13-1028

13-3702

13-3702

13-1051

13-3004

13-3004

13-1052

13-3005

13-3005

13-1053

13-3006

13-3006

13-1054

13-3007

13-3007

13-1055

13-3008

13-3008

13-1056

13-3009

13-3009

13-1057

13-3010

13-3010

13-1058

13-3011

13-3011

13-1059

13-3012

13-3012

13-1060

13-3013

13-3013

13-1061

13-3014

13-3014

13-1071

13-2101

13-2101

13-1072

13-2107

13-2107

13-1073

13-2102

13-2102

13-1074

13-2104

13-2104

13-1075

13-2105

13-2105

13-1076

13-2108

13-2108

13-1077

13-2106

13-2106

13-1078

13-2103

13-2103

13-1079

13-102

13-102

13-1091

13-2911

13-2911

13-1092

13-2911

13-2911

13-1093

13-2911

13-2911

13-1094

13-2911

13-2911

13-1201

13-3801

13-3801

13-1202

13-3802

13-3802

13-1203

13-3803

13-3803

13-1204

13-3804

13-3804

13-1205

13-3805

13-3805

13-1206

13-3806

13-3806

13-1207

13-3807

13-413

13-1221

13-3811

13-3811

13-1222

13-3812

13-3812

13-1223

13-3813

13-3813

13-1224

13-3814

13-3814

13-1225

13-3815

13-3815

13-1226

13-3816

13-3816

13-1241

41-1750

41-1750

13-1242

41-1750

41-1750

13-1243

None

None

13-1244

None

None

13-1245

41-1750

41-1750

13-1246

41-1750

41-1750

13-1247

41-1750

41-1750

13-1248

41-1750

41-1750

13-1249

41-1750

41-1750

13-1250

41-1751

41-1751

13-1251

None

None

13-1252

41-1750

41-1750

13-1253

41-1750

41-1750

13-1271

13-3821

13-3821

13-1272

13-3822

13-3822

13-1273

13-3823

13-3823

13-1274

13-3824

13-3824

13-1291

13-3831

13-3831

13-1292

13-3832

13-3832

13-1293

13-3833

13-3833

13-1294

13-3834

13-3834

13-1301

13-3841

13-3841

13-1302

13-3842

13-3842

13-1303

13-3843

13-3843

13-1304

13-3844

13-3844

13-1305

13-3845

13-3845

13-1306

13-3846

13-3846

13-1307

13-3847

13-3847

13-1308

13-3848

13-3848

13-1309

13-3849

13-3849

13-1310

13-3850

13-3850

13-1311

13-3851

13-3851

13-1312

13-3852

13-3852

13-1313

13-3853

13-3853

13-1314

13-3854

13-3854

13-1315

13-3855

13-3855

13-1316

13-3856

13-3856

13-1317

13-3857

13-3857

13-1318

13-3858

13-3858

13-1319

13-3859

13-3859

13-1320

13-3860

13-3860

13-1321

13-3861

13-3861

13-1322

13-3862

13-3862

13-1323

13-3863

13-3863

13-1324

13-3864

13-3864

13-1325

13-3865

13-3865

13-1326

13-3866

13-3866

13-1327

13-3867

13-3867

13-1328

13-3868

13-3868

13-1361

13-3871

13-3871

13-1362

13-3872

13-3872

13-1363

13-3873

13-3873

13-1364

13-3874

13-3874

13-1401

13-3881

13-3881

13-1402

13-3882

13-3882

13-1403

13-3883

13-3883

13-1404

13-3884

13-3884

13-1405

13-3885

13-3885

13-1406

13-3886

13-3886

13-1407

13-3887

13-3887

13-1408

13-3888

13-3888

13-1409

13-3889

13-3889

13-1410

13-3890

13-3890

13-1411

13-3891

13-3891

13-1412

13-3892

13-3892

13-1413

13-3893

13-3893

13-1414

13-3894

13-3894

13-1415

13-3895

13-3895

13-1416

13-3896

13-3896

13-1417

13-3897

13-3897

13-1418

13-3898

13-3898

13-1418.01

13-3899

13-3899

13-1419

13-3900

13-3900

13-1420

13-3901

13-3901

13-1421

13-3902

13-3902

13-1422

13-3903

13-3903

13-1423

13-3904

13-3904

13-1424

13-3905

13-3905

13-1425

13-3906

13-3906

13-1441

13-3911

13-3911

13-1442

13-3912

13-3912

13-1443

13-3913

13-3913

13-1444

13-3914

13-3914

13-1445

13-3915

13-3915

13-1446

13-3916

13-3916

13-1447

13-3917

13-3917

13-1448

13-3918

13-3918

13-1449

13-3919

13-3919

13-1450

13-3920

13-3920

13-1451

13-3921

13-3921

13-1452

13-3922

13-3922

13-1453

13-3923

13-3923

13-1454

13-3924

13-3924

13-1461

13-3931

13-3931

13-1471

13-3941

13-3941

13-1472

13-3942

13-3942

13-1501

13-108

13-108

13-1502

13-108

13-108

13-1503

13-109

13-109

13-1504

13-109

13-109

13-1505

13-109

13-109

13-1506

13-109

13-109

13-1507

13-109

13-109

13-1508

13-109

13-109

13-1509

13-109

13-109

13-1510

13-109

13-109

13-1511

13-109

13-109

13-1512

13-109

13-109

13-1513

13-109

13-109

13-1514

13-109

13-109

13-1515

13-109

13-109

13-1516

13-121

13-121

13-1551

13-3951

13-3951

13-1552

13-3952

13-3952

13-1571

13-3961

13-3961

13-1572

13-3962

13-3962

13-1573

13-3963

13-3963

13-1574

13-3964

13-3964

13-1575

13-3965

13-3965

13-1576

13-3966

13-3966

13-1577

13-3967

13-3967

13-1578

13-3968

13-3968

13-1579

13-3969

13-3969

13-1580

13-3970

13-3970

13-1591

13-3981

13-3981

13-1592

13-3982

13-3982

13-1593

13-3983

13-3983

13-1594

13-113

13-113

13-1595

13-3984

13-3984

13-1596

13-3985

13-3985

13-1597

13-3986

13-3986

13-1598

13-3987

13-3897

13-1599

13-3988

13-3988

13-1599.01

13-3989

13-3989

13-1621

13-502

13-502

Crim.R. 11

Crim.R. 11

Crim.R. 25

Crim.R. 25

13-1621.01

Crim.R. 11

Crim.R. 11

Crim.R. 25

Crim.R. 25

13-1622

13-3991

13-3991

13-1623

13-3992

13-3992

13-1624

13-3993

13-3993

13-1641

13-116

13-116

13-1642

13-4001

13-4001

13-1643

None

None

13-1644

13-4002

13-4002

13-1644.01

13-4003

13-4003

13-1645

None

None

13-1646

None

None

13-1647

None

None

13-1648

13-1006

13-806

13-1649

13-704

13-604

13-1650

13-704

13-604

13-1651

13-901.01

13-702

13-1652

13-905

13-709

13-1653

13-106

13-106

13-804

13-904

13-1654

13-4004

13-704

13-1655

13-4005

13-705

13-1656

13-4006

13-706

13-1657

13-801

13-901

13-802

13-902

13-803

13-903

13-1658

13-705

13-605

13-1659

13-1005

13-805

13-1660

13-1006

13-806

13-1661

13-1006

13-806

13-1671

13-4011

13-4011

13-1672

13-4012

13-4012

13-1673

13-4013

13-4013

13-1674

13-4014

13-4014

13-1675

13-4015

13-807

13-1691

13-4021

13-4021

13-1692

13-4022

13-4022

13-1693

13-4023

13-4023

13-1694

13-4024

13-4024

13-1695

13-4025

13-4025

13-1696

13-4026

13-4026

13-1711

13-4031

13-4031

13-1712

13-4032

13-4032

13-1713

13-4033

13-4033

13-1714

13-4034

13-4034

13-1715

13-4035

13-4035

13-1716

13-4036

13-4036

13-1717

13-4037

13-4037

13-1718

13-4038

13-4038

13-1719

13-4039

13-4039

13-1720

13-4040

13-4040

13-1721

13-4041

13-4041

13-1741

13-804

13-904

13-1742

13-805

13-905

13-1743

13-806

13-906

13-1744

13-807

13-907

13-1745

13-808

13-908

13-1751

13-804

13-904

13-1752

13-809

13-909

13-1753

13-810

13-910

13-1754

13-811

13-911

13-1761

13-4051

13-4051

13-1801

13-4061

13-4061

13-1802

13-4062

13-4062

13-1803

13-4063

13-4063

13-1804

13-4064

13-4064

13-1821

13-4071

13-4071

13-1822

13-4072

13-4072

13-1823

13-4073

13-4073

13-1824

13-4074

13-4074

13-1825

13-2802

13-2802

13-2804

13-2804

13-1826

13-4075

13-4075

13-1827

13-4076

13-4076

13-1828

13-4077

13-4077

13-1829

13-2802

13-2802

13-1841

13-4081

13-4081

13-1842

13-4082

13-4082

13-1843

13-4083

13-4083

13-1844

13-4084

13-4084

13-1861

13-4091

13-4091

13-1862

13-4092

13-4092

13-1863

13-4093

13-4093

13-1864

13-4094

13-4094

13-1865

13-4095

13-4095

13-1866

13-4096

13-4096

13-1881

13-4101

13-4101

13-1882

13-4102

13-4102

13-1883

13-4103

13-4103

13-1884

13-4104

13-4104

13-1885

13-4105

13-4105

13-1901

13-4111

13-4111

13-1902

13-4112

13-4112

13-1903

13-4113

13-4113

13-1904

13-4114

13-4114

13-1905

13-4115

13-4115

13-1906

13-4116

13-4116

13-2001

13-4121

13-4121

13-2002

13-4122

13-4122

13-2003

13-4123

13-4123

13-2004

13-4124

13-4124

13-2005

13-4125

13-4125

13-2006

13-4126

13-4126

13-2007

13-4127

13-4127

13-2008

13-4128

13-4128

13-2009

13-4129

13-4129

13-2010

13-4130

13-4130

13-2011

13-4131

13-4131

13-2012

13-4132

13-4132

13-2013

13-4133

13-4133

13-2014

13-4134

13-4134

13-2015

13-4135

13-4135

13-2016

13-4136

13-4136

13-2017

13-4137

13-4137

13-2018

13-4138

13-4138

13-2019

13-4139

13-4139

13-2020

13-4140

13-4140

13-2021

13-4141

13-4141

13-2022

13-4142

13-4142

13-2023

13-4143

13-4143

13-2024

13-4144

13-4144

13-2025

13-4145

13-4145

13-2026

13-4146

13-4146

13-2027

13-4147

13-4147

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 1, Refs & Annos

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 1. General Provisions

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-101

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 13-101. Purposes

It is declared that the public policy of this state and the general purposes of the provisions of this title are:

1. To proscribe conduct that unjustifiably and inexcusably causes or threatens substantial harm to individual or public interests;

2. To give fair warning of the nature of the conduct proscribed and of the sentences authorized upon conviction;

3. To define the act or omission and the accompanying mental state which constitute each offense and limit the condemnation of conduct as criminal when it does not fall within the purposes set forth;

4. To differentiate on reasonable grounds between serious and minor offenses and to prescribe proportionate penalties for each;

5. To insure the public safety by preventing the commission of offenses through the deterrent influence of the sentences authorized;

6. To impose just and deserved punishment on those whose conduct threatens the public peace; and

7. To promote truth and accountability in sentencing.

CREDIT(S)

Added by Laws 1977, Ch. 142, § 39, eff. Oct. 1, 1978. Amended by Laws 1993, Ch. 255, § 4, eff. Jan. 1, 1994.

APPLICATION

<“Sec. 99. Applicability>

<“The provisions of §§ 1 through 86 and §§ 89 through 95 of this act apply only to persons who commit a felony offense after the effective date of this act.”>

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-101.01

Effective: September 21, 2006

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 13-101.01. Additional purposes of the criminal law

In order to preserve and protect the rights of crime victims to justice and the right of the people to safety, it is a fundamental purpose of the criminal law to identify and remove from society persons whose conduct continues to threaten public safety through the commission of violent or aggravated felonies after having been convicted twice previously of violent or aggravated felony offenses.

CREDIT(S)

Added by Laws 2006, Ch. 177, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-102

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 13-102. Applicability of title

A. Except as otherwise provided by law, the procedure governing the accusation, prosecution, conviction and punishment of offenders and offenses is not regulated by this title but by the rules of criminal procedure.

B. This title does not affect any power conferred by law upon a court-martial or other military authority or officer to prosecute and punish conduct and offenders violating military codes or laws, nor any power conferred by law to impose or inflict punishment for contempt.

C. This title does not bar, suspend or otherwise affect any right or liability to damages, penalty, forfeiture or other remedy authorized by law to be recovered or enforced in a civil action, regardless of whether the conduct involved in the proceeding constitutes an offense defined in this title.

D. Except as otherwise expressly provided, or unless the context otherwise requires, the provisions of this title shall govern the construction of and punishment for any offense defined outside this title.

CREDIT(S)

Added by Laws 1977, Ch. 142, § 39, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 88, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-103

Effective: April 24, 2006

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 13-103. Abolition of common law offenses and affirmative defenses; definition

A. All common law offenses and affirmative defenses are abolished. No conduct or omission constitutes an offense or an affirmative defense unless it is an offense or an affirmative defense under this title or under another statute or ordinance.

B. For the purposes of this section, “affirmative defense” means a defense that is offered and that attempts to excuse the criminal actions of the accused or another person for whose actions the accused may be deemed to be accountable. Affirmative defense does not include any justification defense pursuant to chapter 4 of this title [FN1] or any defense that either denies an element of the offense charged or denies responsibility, including alibi, misidentification or lack of intent.

CREDIT(S)

Added by Laws 1977, Ch. 142, § 39, eff. Oct. 1, 1978. Amended by Laws 1997, Ch. 136, § 3; Laws 2006, Ch. 199, § 1, eff. April 24, 2006.

[FN1] Section 13-401 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-104

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 13-104. Rule of construction

The general rule that a penal statute is to be strictly construed does not apply to this title, but the provisions herein must be construed according to the fair meaning of their terms to promote justice and effect the objects of the law, including the purposes stated in § 13-101.

CREDIT(S)

Added by Laws 1977, Ch. 142, § 39, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-105

Effective: August 2, 2012

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 13-105. Definitions

In this title, unless the context otherwise requires:

1. “Absconder” means a probationer who has moved from the probationer's primary residence without permission of the probation officer, who cannot be located within ninety days of the previous contact and against whom a petition to revoke has been filed in the superior court alleging that the probationer's whereabouts are unknown. A probationer is no longer deemed an absconder when the probationer is voluntarily or involuntarily returned to probation service.

2. “Act” means a bodily movement.

3. “Benefit” means anything of value or advantage, present or prospective.

4. “Calendar year” means three hundred sixty-five days' actual time served without release, suspension or commutation of sentence, probation, pardon or parole, work furlough or release from confinement on any other basis.

5. “Community supervision” means that portion of a felony sentence that is imposed by the court pursuant to § 13-603, subsection I and that is served in the community after completing a period of imprisonment or served in prison in accordance with § 41-1604.07.

6. “Conduct” means an act or omission and its accompanying culpable mental state.

7. “Crime” means a misdemeanor or a felony.

8. “Criminal street gang” means an ongoing formal or informal association of persons in which members or associates individually or collectively engage in the commission, attempted commission, facilitation or solicitation of any felony act and that has at least one individual who is a criminal street gang member.

9. “Criminal street gang member” means an individual to whom at least two of the following seven criteria that indicate criminal street gang membership apply:

(a) Self-proclamation.

(b) Witness testimony or official statement.

(d) Paraphernalia or photographs.

(e) Tattoos.

(f) Clothing or colors.

(g) Any other indicia of street gang membership.

10. “Culpable mental state” means intentionally, knowingly, recklessly or with criminal negligence as those terms are defined in this paragraph:

(a) “Intentionally” or “with the intent to” means, with respect to a result or to conduct described by a statute defining an offense, that a person's objective is to cause that result or to engage in that conduct.

(b) “Knowingly” means, with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. It does not require any knowledge of the unlawfulness of the act or omission.

(c) “Recklessly” means, with respect to a result or to a circumstance described by a statute defining an offense, that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard of such risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but who is unaware of such risk solely by reason of voluntary intoxication also acts recklessly with respect to such risk.

(d) “Criminal negligence” means, with respect to a result or to a circumstance described by a statute defining an offense, that a person fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.

11. “Dangerous drug” means dangerous drug as defined in § 13-3401.

12. “Dangerous instrument” means anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury.

13. “Dangerous offense” means an offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person.

14. “Deadly physical force” means force that is used with the purpose of causing death or serious physical injury or in the manner of its use or intended use is capable of creating a substantial risk of causing death or serious physical injury.

15. “Deadly weapon” means anything designed for lethal use, including a firearm.

16. “Economic loss” means any loss incurred by a person as a result of the commission of an offense. Economic loss includes lost interest, lost earnings and other losses that would not have been incurred but for the offense. Economic loss does not include losses incurred by the convicted person, damages for pain and suffering, punitive damages or consequential damages.

17. “Enterprise” includes any corporation, association, labor union or other legal entity.

18. “Felony” means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state.

19. “Firearm” means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will or is designed to or may readily be converted to expel a projectile by the action of expanding gases, except that it does not include a firearm in permanently inoperable condition.

20. “Government” means the state, any political subdivision of the state or any department, agency, board, commission, institution or governmental instrumentality of or within the state or political subdivision.

21. “Government function” means any activity that a public servant is legally authorized to undertake on behalf of a government.

22. “Historical prior felony conviction” means:

(a) Any prior felony conviction for which the offense of conviction either:

(i) Mandated a term of imprisonment except for a violation of chapter 34 of this title involving a drug below the threshold amount.

(ii) Involved a dangerous offense.

(iii) Involved the illegal control of a criminal enterprise.

(iv) Involved aggravated driving under the influence of intoxicating liquor or drugs.

(v) Involved any dangerous crime against children as defined in § 13-705.

(b) Any class 2 or 3 felony, except the offenses listed in subdivision (a) of this paragraph, that was committed within the ten years immediately preceding the date of the present offense. Any time spent on absconder status while on probation, on escape status or incarcerated is excluded in calculating if the offense was committed within the preceding ten years. If a court determines a person was not on absconder status while on probation or escape status, that time is not excluded. For the purposes of this subdivision, “escape” means:

(i) A departure from custody or from a juvenile secure care facility, a juvenile detention facility or an adult correctional facility in which the person is held or detained, with knowledge that the departure is not permitted, or the failure to return to custody or detention following a temporary leave granted for a specific purpose or for a limited period.

(ii) A failure to report as ordered to custody or detention to begin serving a term of incarceration.

(c) Any class 4, 5 or 6 felony, except the offenses listed in subdivision (a) of this paragraph, that was committed within the five years immediately preceding the date of the present offense. Any time spent on absconder status while on probation, on escape status or incarcerated is excluded in calculating if the offense was committed within the preceding five years. If a court determines a person was not on absconder status while on probation or escape status, that time is not excluded. For the purposes of this subdivision, “escape” has the same meaning prescribed in subdivision (b) of this paragraph.

(d) Any felony conviction that is a third or more prior felony conviction.

(e) Any offense committed outside the jurisdiction of this state that was punishable by that jurisdiction as a felony, that was committed within the five years immediately preceding the date of the present offense. Any time spent on absconder status while on probation, on escape status or incarcerated is excluded in calculating if the offense was committed within the preceding five years. If a court determines a person was not on absconder status while on probation or escape status, that time is not excluded. For the purposes of this subdivision, “escape” has the same meaning prescribed in subdivision (b) of this paragraph.

(f) Any offense committed outside the jurisdiction of this state that involved the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of death or serious physical injury that was punishable by that jurisdiction as a felony. A person who has been convicted of a felony weapons possession violation in any court outside the jurisdiction of this state that would not be punishable as a felony under the laws of this state is not subject to this paragraph.

23. “Human smuggling organization” means an ongoing formal or informal association of persons in which members or associates individually or collectively engage in the smuggling of human beings.

24. “Intoxication” means any mental or physical incapacity resulting from use of drugs, toxic vapors or intoxicating liquors.

25. “Misdemeanor” means an offense for which a sentence to a term of imprisonment other than to the custody of the state department of corrections is authorized by any law of this state.

26. “Narcotic drug” means narcotic drugs as defined in § 13-3401.

27. “Offense” or “public offense” means conduct for which a sentence to a term of imprisonment or of a fine is provided by any law of the state in which it occurred or by any law, regulation or ordinance of a political subdivision of that state and, if the act occurred in a state other than this state, it would be so punishable under the laws, regulations or ordinances of this state or of a political subdivision of this state if the act had occurred in this state.

28. “Omission” means the failure to perform an act as to which a duty of performance is imposed by law.

29. “Peace officer” means any person vested by law with a duty to maintain public order and make arrests and includes a constable.

30. “Person” means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property.

31. “Petty offense” means an offense for which a sentence of a fine only is authorized by law.

32. “Physical force” means force used upon or directed toward the body of another person and includes confinement, but does not include deadly physical force.

33. “Physical injury” means the impairment of physical condition.

34. “Possess” means knowingly to have physical possession or otherwise to exercise dominion or control over property.

35. “Possession” means a voluntary act if the defendant knowingly exercised dominion or control over property.

36. “Preconviction custody” means the confinement of a person in a jail in this state or another state after the person is arrested for or charged with a felony offense.

37. “Property” means anything of value, tangible or intangible.

38. “Public servant”:

(a) Means any officer or employee of any branch of government, whether elected, appointed or otherwise employed, including a peace officer, and any person participating as an advisor or consultant or otherwise in performing a governmental function.

(b) Does not include jurors or witnesses.

(c) Includes those who have been elected, appointed, employed or designated to become a public servant although not yet occupying that position.

39. “Serious physical injury” includes physical injury that creates a reasonable risk of death, or that causes serious and permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb.

40. “Unlawful” means contrary to law or, where the context so requires, not permitted by law.

41. “Vehicle” means a device in, upon or by which any person or property is, may be or could have been transported or drawn upon a highway, waterway or airway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

42. “Voluntary act” means a bodily movement performed consciously and as a result of effort and determination.

43. “Voluntary intoxication” means intoxication caused by the knowing use of drugs, toxic vapors or intoxicating liquors by a person, the tendency of which to cause intoxication the person knows or ought to know, unless the person introduces them pursuant to medical advice or under such duress as would afford a defense to an offense.

CREDIT(S)

Added by Laws 1977, Ch. 142, § 39, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 89, eff. Oct. 1, 1978; Laws 1981, Ch. 116, § 1; Laws 1981, Ch. 264, § 1, eff. Sept. 1, 1981; Laws 1982, Ch. 292, § 4; Laws 1985, Ch. 329, § 1; Laws 1986, Ch. 248, § 1; Laws 1986, Ch. 256, § 2; Laws 1993, Ch. 255, § 5, eff. Jan. 1, 1994; Laws 1994, Ch. 200, § 3, eff. April 19, 1994; Laws 1995, Ch. 199, § 1; Laws 2006, Ch. 73, § 1; Laws 2008, Ch. 150, § 1; Laws 2008, Ch. 301, § 10, eff. Jan. 1, 2009; Laws 2011, Ch. 90, § 1; Laws 2011, Ch. 114, § 1; Laws 2012, Ch. 190, § 1.

APPLICATION

<“Sec. 99. Applicability>

<“The provisions of §§ 1 through 86 and §§ 89 through 95 of this act apply only to persons who commit a felony offense after the effective date of this act.”>

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-106

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 13-106. Repealed by Laws 1986, Ch. 256, § 3

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-107

Effective: August 2, 2012

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 13-107. Time limitations

A. A prosecution for any homicide, any offense that is listed in chapter 14 or 35.1 of this title [FN1] and that is a class 2 felony, any violent sexual assault pursuant to § 13-1423, any violation of § 13-2308. 01, any misuse of public monies or a felony involving falsification of public records or any attempt to commit an offense listed in this subsection may be commenced at any time.

B. Except as otherwise provided in this section and § 28-672, prosecutions for other offenses must be commenced within the following periods after actual discovery by the state or the political subdivision having jurisdiction of the offense or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs:

1. For a class 2 through a class 6 felony, seven years.

2. For a misdemeanor, one year.

3. For a petty offense, six months.

C. For the purposes of subsection B of this section, a prosecution is commenced when an indictment, information or complaint is filed.

D. The period of limitation does not run during any time when the accused is absent from the state or has no reasonably ascertainable place of abode within the state.

E. The period of limitation does not run for a serious offense as defined in § 13-706 during any time when the identity of the person who commits the offense or offenses is unknown.

F. The time limitation within which a prosecution of a class 6 felony shall commence shall be determined pursuant to subsection B, paragraph 1 of this section, irrespective of whether a court enters a judgment of conviction for or a prosecuting attorney designates the offense as a misdemeanor.

G. If a complaint, indictment or information filed before the period of limitation has expired is dismissed for any reason, a new prosecution may be commenced within six months after the dismissal becomes final even if the period of limitation has expired at the time of the dismissal or will expire within six months of the dismissal.

CREDIT(S)

Added by Laws 1977, Ch. 142, § 39, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 90, eff. Oct. 1, 1978; Laws 1985, Ch. 223, § 1; Laws 1997, Ch. 135, § 1; Laws 2001, Ch. 183, § 1; Laws 2001, Ch. 271, § 1; Laws 2002, Ch. 219, § 6; Laws 2008, Ch. 301, § 11, eff. Jan. 1, 2009; Laws 2012, Ch. 29, § 1.

[FN1] Sections 13-1401 et seq., 13-3551 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-108

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 13-108. Territorial applicability

A. This state has jurisdiction over an offense that a person commits by his own conduct or the conduct of another for which such person is legally accountable if:

1. Conduct constituting any element of the offense or a result of such conduct occurs within this state; or

2. The conduct outside this state constitutes an attempt or conspiracy to commit an offense within this state and an act in furtherance of the attempt or conspiracy occurs within this state; or

3. The conduct within this state constitutes an attempt, solicitation, conspiracy or facilitation to commit or establishes criminal accountability for the commission of an offense in another jurisdiction that is also an offense under the law of this state; or

4. The offense consists of an omission to perform a duty imposed by the law of this state regardless of the location of the defendant at the time of the offense; or

5. The offense is a violation of a statute of this state that prohibits conduct outside the state.

B. When the offense involves a homicide, either the death of the victim or the bodily impact causing death constitutes a result within the meaning of subsection A, paragraph 1. If the body of a homicide victim is found in this state it is presumed that the result occurred in this state.

C. This state includes the land and water and the air space above the land and water.

CREDIT(S)

Added by Laws 1977, Ch. 142, § 39, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-109

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 13-109. Place of trial

A. Criminal prosecutions shall be tried in the county in which conduct constituting any element of the offense or a result of such conduct occurred, unless otherwise provided by law.

B. The following special provisions apply:

1. If conduct constituting an element of an offense or a result constituting an element of an offense occurs in two or more counties, trial of the offense may be held in any of the counties concerned; or

2. A person who in one county solicits, aids, abets or attempts to aid another in the planning or commission of an offense in another county may be tried for the offense in either county; or

3. If an offense is committed in or upon any railroad, train, automobile, aircraft, vessel or other conveyance in transit and it cannot readily be determined in which county the offense was committed, trial of the offense may be held in any county through or over which the conveyance passed; or

4. If the cause of death is inflicted in one county and death ensues in another county, trial of the offense may be held in either county. If the cause of death is inflicted in one county and death ensues out of the state, trial of the offense shall be in the county where the cause was inflicted. If the body of a homicide victim is found in a county, it is presumed that the cause of death was inflicted in that county; or

5. If an offense is committed on the boundary of two or more counties or within one mile of such boundary, trial of the offense may be held in any of the counties concerned; or

6. A person who obtains property unlawfully may be tried in any county in which such person exerts control over the property; or

7. A person who commits a preparatory offense may be tried in any county in which any act that is an element of the offense, including the agreement in conspiracy, is committed.

C. If an offense has been committed within the state and it cannot readily be determined within which county or counties the commission took place, trial may be held in the county in which the defendant resides or, if the defendant has no fixed residence, in the county in which the defendant is apprehended or to which the defendant is extradited.

CREDIT(S)

Added by Laws 1977, Ch. 142, § 39, eff. Oct. 1, 1978. Amended by Laws 1980, Ch. 229, § 3, eff. April 23, 1980; Laws 1981, Ch. 60, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-110

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 13-110. Conviction for attempt although crime perpetrated

A person may be convicted of an attempt to commit a crime, although it appears upon the trial that the crime intended or attempted was perpetrated by the person in pursuance of such an attempt, unless the court, in its discretion, discharges the jury and directs the person to be tried for the crime.

CREDIT(S)

Formerly § 13-109. Renumbered as § 13-110 by Laws 1977, Ch. 142, § 40, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-111

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 13-111. Former jeopardy or acquittal as bar to same or lesser offenses

When the defendant is convicted or acquitted, or has once been placed in jeopardy upon an indictment or information, the conviction, acquittal or jeopardy is a bar to another indictment or information for the offense charged in either, or for an attempt to commit the offense, or for any offense necessarily included therein, of which he might have been convicted under the indictment or information.

CREDIT(S)

Formerly § 13-145. Renumbered as § 13-111 by Laws 1977, Ch. 142, § 40, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-112

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 13-112. Repealed by Laws 1982, Ch. 238, § 1

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-113

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 13-113. Conviction or acquittal in one county as bar to prosecution in another

Where a person may be tried for an offense in two or more counties, a conviction or acquittal of the offense in one county shall be a bar to a prosecution for the same offense in another county.

CREDIT(S)

Formerly § 13-1594. Renumbered as § 13-113 by Laws 1977, Ch. 142, § 40, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-114

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 13-114. Speedy trial; counsel; witnesses and confrontation

In a criminal action defendant is entitled:

1. To have a speedy public trial by an impartial jury of the county in which the offense is alleged to have been committed.

2. To have counsel.

3. To produce witnesses on his behalf, and to be confronted with the witnesses against him in the presence of the court, except that the testimony or deposition of a witness may be received in evidence at the trial as by law prescribed.

CREDIT(S)

Formerly § 13-161. Renumbered as § 13-114 by Laws 1977, Ch. 142, § 40, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-115

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 13-115. Presumption of innocence and benefit of doubt; degrees of guilt

A. A defendant in a criminal action is presumed to be innocent until the contrary is proved, and in case of a reasonable doubt whether his guilt is satisfactorily shown, he is entitled to be acquitted.

B. When it appears that a defendant has committed a crime or public offense, and there is reasonable ground of doubt in which of two or more degrees he is guilty, he may be convicted of the lowest of such degrees only.

CREDIT(S)

Formerly § 13-162. Renumbered as § 13-115 by Laws 1977, Ch. 142, § 40, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-116

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 13-116. Double punishment

An act or omission which is made punishable in different ways by different sections of the laws may be punished under both, but in no event may sentences be other than concurrent. An acquittal or conviction and sentence under either one bars a prosecution for the same act or omission under any other, to the extent the Constitution of the United States or of this state require.

CREDIT(S)

Formerly § 13-1641. Renumbered as § 13-116 and amended by Laws 1977, Ch. 142, § 41, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-117

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 13-117. Defendant as witness; no comment on failure to testify

A. A defendant in a criminal action or proceeding shall not be compelled to be a witness against himself, but may be a witness in his own behalf. If he offers himself as a witness in his own behalf, he may be cross-examined to the same extent and subject to the same rules as any other witness.

B. The defendant's neglect or refusal to be a witness in his own behalf shall not in any manner prejudice him, or be used against him on the trial or proceedings.

CREDIT(S)

Formerly § 13-163. Renumbered as § 13-117 by Laws 1977, Ch. 142, § 40, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-118

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 13-118. Sexual motivation special allegation; procedures; definition

A. In each criminal case involving an offense other than a sexual offense, the prosecutor may file a special allegation of sexual motivation if sufficient admissible evidence exists that would justify a finding of sexual motivation by a reasonable and objective finder of fact.

B. If the prosecutor files a special allegation of sexual motivation, the state shall prove beyond a reasonable doubt that the defendant committed the offense with a sexual motivation. The trier of fact shall find a special verdict as to whether the defendant committed the offense with a sexual motivation.

C. For purposes of this section “sexual motivation” means that one of the purposes for which the defendant committed the crime was for the purpose of the defendant's sexual gratification.

CREDIT(S)

Added by Laws 1995, Ch. 257, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-119

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 13-119. Repealed by Laws 2008, Ch. 301, § 12, eff. January 1, 2009.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-120

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 13-120. Disposition of property taken from defendant; receipts

A. When money or other property is taken from a defendant arrested upon a charge of a crime or public offense, the officer taking it shall at the time make duplicate receipts therefor, specifying particularly the amount of money or the kind of property taken. The officer shall deliver one receipt to the defendant and shall file the other forthwith with the magistrate or clerk of the court to which the officer makes the return of arrest.

B. When such money or property is taken by a police officer of an incorporated city or town, he shall deliver one receipt to the defendant and the other, with the property, forthwith to the clerk or other person in charge of the police office in the city or town.

CREDIT(S)

Formerly § 13-166. Renumbered as § 13-120 by Laws 1977, Ch. 142, § 40, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-121

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 13-121. Jurisdiction of the court in proceedings subsequent to trial and sentencing

Whenever any further proceedings are instituted before the trial court subsequent to the original trial and sentencing, excepting motions for new trial made within one year after the rendition of the verdict or the finding of the court, the court in the same action shall have jurisdiction to hear such matter only after due proof has been made that notice of such proceeding has been given to the attorney general at least ten days prior to such hearing.

CREDIT(S)

Added as § 13-1516 by Laws 1958, Ch. 79, § 1. Renumbered as § 13-121 by Laws 1977, Ch. 142, § 40, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-122

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 13-122. Action for recovery of public monies

This state or any political subdivision of this state may maintain an action against any person convicted of an offense for the recovery of any public monies paid to the person. Venue for such an action is in the superior court in the county where the monies were paid, where a sale was made or where the defendant resides.

CREDIT(S)

Added by Laws 1981, Ch. 264, § 3, eff. Sept. 1, 1981.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-123

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 13-123. Certificate of special public importance

In any action for a prosecution involving a dangerous crime against children, the state may file a certificate stating that the case is of special public importance. The clerk shall immediately furnish a copy of the certificate to the chief judge of the superior court in the county in which the action is pending and, after receiving the copy, the chief judge shall immediately designate a judge to hear and determine the action. The judge designated shall, consistent with the rules of criminal procedure, expedite the action and the action shall take precedence over prosecution of any other proceeding.

CREDIT(S)

Added by Laws 1985, Ch. 364, § 3, eff. May 16, 1985.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-131

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 13-131. Repealed by Laws 1977, Ch. 142, § 2, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-132

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 13-132. Renumbered as § 13-503

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-133

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§§ 13-133 to 13-135. Repealed by Laws 1977, Ch. 142, § 2, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-134

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§§ 13-133 to 13-135. Repealed by Laws 1977, Ch. 142, § 2, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-135

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§§ 13-133 to 13-135. Repealed by Laws 1977, Ch. 142, § 2, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-135.01

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 13-135.01. Renumbered as § 13-3993

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-136

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§§ 13-136 to 13-140. Repealed by Laws 1977, Ch. 142, § 2, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-137

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§§ 13-136 to 13-140. Repealed by Laws 1977, Ch. 142, § 2, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-138

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§§ 13-136 to 13-140. Repealed by Laws 1977, Ch. 142, § 2, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-139

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§§ 13-136 to 13-140. Repealed by Laws 1977, Ch. 142, § 2, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-140

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§§ 13-136 to 13-140. Repealed by Laws 1977, Ch. 142, § 2, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-141

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§ 13-141. Repealed by Laws 1976, Ch. 116, § 2, eff. June 24, 1976

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-142

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§§ 13-142 to 13-144. Repealed by Laws 1977, Ch. 142, § 2, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-143

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§§ 13-142 to 13-144. Repealed by Laws 1977, Ch. 142, § 2, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-144

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§§ 13-142 to 13-144. Repealed by Laws 1977, Ch. 142, § 2, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-145

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§§ 13-145, 13-146. Renumbered as §§ 13-111, 13-112

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-146

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§§ 13-145, 13-146. Renumbered as §§ 13-111, 13-112

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-161

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§§ 13-161 to 13-166. Renumbered as §§ 13-114, 13-115, 13-117, 13-120, 13-3971, 13-3972

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-162

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§§ 13-161 to 13-166. Renumbered as §§ 13-114, 13-115, 13-117, 13-120, 13-3971, 13-3972

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-163

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§§ 13-161 to 13-166. Renumbered as §§ 13-114, 13-115, 13-117, 13-120, 13-3971, 13-3972

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-164

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§§ 13-161 to 13-166. Renumbered as §§ 13-114, 13-115, 13-117, 13-120, 13-3971, 13-3972

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-165

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§§ 13-161 to 13-166. Renumbered as §§ 13-114, 13-115, 13-117, 13-120, 13-3971, 13-3972

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-166

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 1. General Provisions (Refs & Annos)

§§ 13-161 to 13-166. Renumbered as §§ 13-114, 13-115, 13-117, 13-120, 13-3971, 13-3972

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 2, Refs & Annos

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 2. General Principles of Criminal Liability

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-201

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§ 13-201. Requirements for criminal liability

The minimum requirement for criminal liability is the performance by a person of conduct which includes a voluntary act or the omission to perform a duty imposed by law which the person is physically capable of performing.

CREDIT(S)

Added by Laws 1977, Ch. 142, § 42, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 91, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-202

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§ 13-202. Construction of statutes with respect to culpability

A. If a statute defining an offense prescribes a culpable mental state that is sufficient for commission of the offense without distinguishing among the elements of such offense, the prescribed mental state shall apply to each such element unless a contrary legislative purpose plainly appears.

B. If a statute defining an offense does not expressly prescribe a culpable mental state that is sufficient for commission of the offense, no culpable mental state is required for the commission of such offense, and the offense is one of strict liability unless the proscribed conduct necessarily involves a culpable mental state. If the offense is one of strict liability, proof of a culpable mental state will also suffice to establish criminal responsibility.

C. If a statute provides that criminal negligence suffices to establish an element of an offense, that element also is established if a person acts intentionally, knowingly or recklessly. If acting recklessly suffices to establish an element, that element also is established if a person acts intentionally or knowingly. If acting knowingly suffices to establish an element, that element is also established if a person acts intentionally.

CREDIT(S)

Added by Laws 1977, Ch. 142, § 42, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 92, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-203

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§ 13-203. Causal relationship between conduct and result; relationship to mental culpability

A. Conduct is the cause of a result when both of the following exist:

1. But for the conduct the result in question would not have occurred.

2. The relationship between the conduct and result satisfies any additional causal requirements imposed by the statute defining the offense.

B. If intentionally causing a particular result is an element of an offense, and the actual result is not within the intention or contemplation of the person, that element is established if:

1. The actual result differs from that intended or contemplated only in the respect that a different person or different property is injured or affected or that the injury or harm intended or contemplated would have been more serious or extensive than that caused; or

2. The actual result involves similar injury or harm as that intended or contemplated and occurs in a manner which the person knows or should know is rendered substantially more probable by such person's conduct.

C. If recklessly or negligently causing a particular result is an element of an offense, and the actual result is not within the risk of which the person is aware or in the case of criminal negligence, of which the person should be aware, that element is established if:

1. The actual result differs from the probable result only in the respect that a different person or different property is injured or affected or that the injury or harm intended or contemplated would have been more serious or extensive than that caused; or

2. The actual result involves similar injury or harm as the probable result and occurs in a manner which the person knows or should know is rendered substantially more probable by such person's conduct.

CREDIT(S)

Added by Laws 1977, Ch. 142, § 42, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-204

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§ 13-204. Effect of ignorance or mistake upon criminal liability

A. Ignorance or a mistaken belief as to a matter of fact does not relieve a person of criminal liability unless:

1. It negates the culpable mental state required for commission of the offense; or

2. It supports a defense of justification as defined in chapter 4 of this title. [FN1]

B. Ignorance or mistake as to a matter of law does not relieve a person of criminal responsibility.

CREDIT(S)

Added by Laws 1977, Ch. 142, § 42, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 93, eff. Oct. 1, 1978.

[FN1] Section 13-401 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-205

Effective: April 24, 2006

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§ 13-205. Affirmative defenses; justification; burden of proof

A. Except as otherwise provided by law, a defendant shall prove any affirmative defense raised by a preponderance of the evidence. Justification defenses under chapter 4 of this title are not affirmative defenses. Justification defenses describe conduct that, if not justified, would constitute an offense but, if justified, does not constitute criminal or wrongful conduct. If evidence of justification pursuant to chapter 4 of this title [FN1] is presented by the defendant, the state must prove beyond a reasonable doubt that the defendant did not act with justification.

B. This section does not affect the presumption contained in § 13-411, subsection C and § 13-503.

CREDIT(S)

Added by Laws 1997, Ch. 136, § 4. Amended by Laws 2006, Ch. 199, § 2, eff. April 24, 2006.

[FN1] Section 13-401 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-206

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§ 13-206. Entrapment

A. It is an affirmative defense to a criminal charge that the person was entrapped. To claim entrapment, the person must admit by the person's testimony or other evidence the substantial elements of the offense charged.

B. A person who asserts an entrapment defense has the burden of proving the following by clear and convincing evidence:

1. The idea of committing the offense started with law enforcement officers or their agents rather than with the person.

2. The law enforcement officers or their agents urged and induced the person to commit the offense.

3. The person was not predisposed to commit the type of offense charged before the law enforcement officers or their agents urged and induced the person to commit the offense.

C. A person does not establish entrapment if the person was predisposed to commit the offense and the law enforcement officers or their agents merely provided the person with an opportunity to commit the offense. It is not entrapment for law enforcement officers or their agents merely to use a ruse or to conceal their identity. The conduct of law enforcement officers and their agents may be considered in determining if a person has proven entrapment.

CREDIT(S)

Added by Laws 1997, Ch. 136, § 4. Amended by Laws 2001, Ch. 334, § 5.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-211

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-211 to 13-213. Renumbered as §§ 13-3603 to 13-3605

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-212

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-211 to 13-213. Renumbered as §§ 13-3603 to 13-3605

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-213

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-211 to 13-213. Renumbered as §§ 13-3603 to 13-3605

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-221

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-221, 13-222. Renumbered as §§ 13-1408, 13-1409

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-222

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-221, 13-222. Renumbered as §§ 13-1408, 13-1409

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-231

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-231 to 13-236. Repealed by Laws 1977, Ch. 142, §§ 3 to 5, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-232

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-231 to 13-236. Repealed by Laws 1977, Ch. 142, §§ 3 to 5, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-233

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-231 to 13-236. Repealed by Laws 1977, Ch. 142, §§ 3 to 5, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-234

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-231 to 13-236. Repealed by Laws 1977, Ch. 142, §§ 3 to 5, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-235

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-231 to 13-236. Repealed by Laws 1977, Ch. 142, §§ 3 to 5, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-236

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-231 to 13-236. Repealed by Laws 1977, Ch. 142, §§ 3 to 5, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-241

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-241 to 13-253. Repealed by Laws 1977, Ch. 142, §§ 3 to 5, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-242

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-241 to 13-253. Repealed by Laws 1977, Ch. 142, §§ 3 to 5, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-243

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-241 to 13-253. Repealed by Laws 1977, Ch. 142, §§ 3 to 5, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-244

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-241 to 13-253. Repealed by Laws 1977, Ch. 142, §§ 3 to 5, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-245

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-241 to 13-253. Repealed by Laws 1977, Ch. 142, §§ 3 to 5, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-246

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-241 to 13-253. Repealed by Laws 1977, Ch. 142, §§ 3 to 5, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-247

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-241 to 13-253. Repealed by Laws 1977, Ch. 142, §§ 3 to 5, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-248

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-241 to 13-253. Repealed by Laws 1977, Ch. 142, §§ 3 to 5, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-249

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-241 to 13-253. Repealed by Laws 1977, Ch. 142, §§ 3 to 5, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-250

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-241 to 13-253. Repealed by Laws 1977, Ch. 142, §§ 3 to 5, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-251

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-241 to 13-253. Repealed by Laws 1977, Ch. 142, §§ 3 to 5, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-252

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-241 to 13-253. Repealed by Laws 1977, Ch. 142, §§ 3 to 5, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-253

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-241 to 13-253. Repealed by Laws 1977, Ch. 142, §§ 3 to 5, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-261

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-261 to 13-263. Repealed by Laws 1977, Ch. 142, §§ 3 to 5, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-262

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-261 to 13-263. Repealed by Laws 1977, Ch. 142, §§ 3 to 5, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-263

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-261 to 13-263. Repealed by Laws 1977, Ch. 142, §§ 3 to 5, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-271

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§ 13-271. Renumbered as § 13-3606

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-272

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§ 13-272. Repealed by Laws 1977, Ch. 142, § 6, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-273

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§ 13-273. Renumbered as § 13-3607

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-281

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§ 13-281. Repealed by Laws 1977, Ch. 142, § 7, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-281.01

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-281.01 to 13-281.03. Repealed by Laws 1977, Ch. 142, § 7, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-281.02

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-281.01 to 13-281.03. Repealed by Laws 1977, Ch. 142, § 7, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-281.03

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-281.01 to 13-281.03. Repealed by Laws 1977, Ch. 142, § 7, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-282

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§ 13-282. Repealed by Laws 1977, Ch. 142, § 7, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-283

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§ 13-283. Repealed by Laws 1967, Ch. 16, § 8

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-284

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§ 13-284. Repealed by Laws 1977, Ch. 142, § 7, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-285

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-285, 13-286. Repealed by Laws 1967, Ch. 18, § 3, eff. March 1, 1967

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-286

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-285, 13-286. Repealed by Laws 1967, Ch. 18, § 3, eff. March 1, 1967

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-287

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§ 13-287. Repealed by Laws 1977, Ch. 142, § 7, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-288

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§ 13-288. Repealed by Laws 1967, Ch. 16, § 8

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-289

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-289 to 13-291. Repealed by Laws 1977, Ch. 142, § 7, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-290

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-289 to 13-291. Repealed by Laws 1977, Ch. 142, § 7, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-291

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-289 to 13-291. Repealed by Laws 1977, Ch. 142, § 7, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-292

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§ 13-292. Renumbered as § 13-2309

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-293

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-293, 13-294. Repealed by Laws 1977, Ch. 142, § 7, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-294

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 2. General Principles of Criminal Liability (Refs & Annos)

§§ 13-293, 13-294. Repealed by Laws 1977, Ch. 142, § 7, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 3, Refs & Annos

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 3. Parties to Offenses: Accountability

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-301

Effective: September 26, 2008

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 3. Parties to Offenses: Accountability (Refs & Annos)

§ 13-301. Definition of accomplice

In this title, unless the context otherwise requires, “accomplice” means a person, other than a peace officer acting in his official capacity within the scope of his authority and in the line of duty, who with the intent to promote or facilitate the commission of an offense:

1. Solicits or commands another person to commit the offense; or

2. Aids, counsels, agrees to aid or attempts to aid another person in planning or committing an offense.

3. Provides means or opportunity to another person to commit the offense.

CREDIT(S)

Added by Laws 1977, Ch. 142, § 43, eff. Oct. 1, 1978. Amended by Laws 2008, Ch. 296, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-302

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 3. Parties to Offenses: Accountability (Refs & Annos)

§ 13-302. Criminal liability based upon conduct

A person may be guilty of an offense committed by such person's own conduct or by the conduct of another for which such person is criminally accountable as provided in this chapter, or both. In any prosecution, testimony of an accomplice need not be corroborated.

CREDIT(S)

Added by Laws 1977, Ch. 142, § 43, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-303

Effective: September 26, 2008

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 3. Parties to Offenses: Accountability (Refs & Annos)

§ 13-303. Criminal liability based upon conduct of another

A. A person is criminally accountable for the conduct of another if:

1. The person is made accountable for such conduct by the statute defining the offense; or

2. Acting with the culpable mental state sufficient for the commission of the offense, such person causes another person, whether or not such other person is capable of forming the culpable mental state, to engage in such conduct; or

3. The person is an accomplice of such other person in the commission of an offense including any offense that is a natural and probable or reasonably foreseeable consequence of the offense for which the person was an accomplice.

B. If causing a particular result is an element of an offense, a person who acts with the kind of culpability with respect to the result that is sufficient for the commission of the offense is guilty of that offense if:

1. The person solicits or commands another person to engage in the conduct causing such result; or

2. The person aids, counsels, agrees to aid or attempts to aid another person in planning or engaging in the conduct causing such result.

CREDIT(S)

Added by Laws 1977, Ch. 142, § 43, eff. Oct. 1, 1978. Amended by Laws 1980, Ch. 229, § 4, eff. April 23, 1980; Laws 2008, Ch. 296, § 2.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-304

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 3. Parties to Offenses: Accountability (Refs & Annos)

§ 13-304. Nondefenses to criminal liability based upon conduct of another

In any prosecution for an offense in which the criminal liability of the accused is based upon the conduct of another under § 13-303 or pursuant to § 13-1003, it is no defense that:

1. The other person has not been prosecuted for or convicted of such offense, or has been acquitted of such offense, or has been convicted of a different offense or degree of offense or has an immunity to prosecution or conviction for such offense; or

2. The accused belongs to a class of persons who by definition of the offense are legally incapable of committing the offense in an individual capacity.

CREDIT(S)

Added by Laws 1977, Ch. 142, § 43, eff. Oct. 1, 1978. Amended by Laws 1980, Ch. 229, § 5, eff. April 23, 1980.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-305

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 3. Parties to Offenses: Accountability (Refs & Annos)

§ 13-305. Criminal liability of enterprises; definitions

A. Notwithstanding any other provisions of law, an enterprise commits an offense if:

1. The conduct constituting the offense consists of a failure to discharge a specific duty imposed by law; or

2. The conduct undertaken in behalf of the enterprise and constituting the offense is engaged in, authorized, solicited, commanded or recklessly tolerated by the directors of the enterprise in any manner or by a high managerial agent acting within the scope of employment; or

3. The conduct constituting the offense is engaged in by an agent of the enterprise while acting within the scope of employment and in behalf of the enterprise; and

(a) The offense is a misdemeanor or petty offense; or

(b) The offense is defined by a statute which imposes criminal liability on an enterprise.

B. As used in this section:

1. “Agent” means any officer, director, employee of an enterprise or any other person who is authorized to act in behalf of the enterprise.

2. “High managerial agent” means an officer of an enterprise or any other agent in a position of comparable authority with respect to the formulation of enterprise policy.

CREDIT(S)

Added by Laws 1977, Ch. 142, § 43, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 164, § 4, eff. Oct. 1, 1978; Laws 1978, Ch. 201, § 94, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-306

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 3. Parties to Offenses: Accountability (Refs & Annos)

§ 13-306. Criminal liability of an individual for conduct of an enterprise

A person is criminally liable for conduct constituting an offense which such person performs or causes to be performed in the name of or in behalf of an enterprise to the same extent as if such conduct were performed in such person's own name or behalf.

CREDIT(S)

Added by Laws 1977, Ch. 142, § 43, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 4, Refs & Annos

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 4. Justification

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-401

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§ 13-401. Unavailability of justification defense; justification as defense

A. Even though a person is justified under this chapter in threatening or using physical force or deadly physical force against another, if in doing so such person recklessly injures or kills an innocent third person, the justification afforded by this chapter is unavailable in a prosecution for the reckless injury or killing of the innocent third person.

B. Except as provided in subsection A, justification, as defined in this chapter, is a defense in any prosecution for an offense pursuant to this title.

CREDIT(S)

Added by Laws 1977, Ch. 142, § 44, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-402

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§ 13-402. Justification; execution of public duty

A. Unless inconsistent with the other sections of this chapter defining justifiable use of physical force or deadly physical force or with some other superseding provision of law, conduct which would otherwise constitute an offense is justifiable when it is required or authorized by law.

B. The justification afforded by subsection A also applies if:

1. A reasonable person would believe such conduct is required or authorized by the judgment or direction of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process; or

2. A reasonable person would believe such conduct is required or authorized to assist a peace officer in the performance of such officer's duties, notwithstanding that the officer exceeded the officer's legal authority.

CREDIT(S)

Added by Laws 1977, Ch. 142, § 44, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-403

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§ 13-403. Justification; use of physical force

The use of physical force upon another person which would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances:

1. A parent or guardian and a teacher or other person entrusted with the care and supervision of a minor or incompetent person may use reasonable and appropriate physical force upon the minor or incompetent person when and to the extent reasonably necessary and appropriate to maintain discipline.

2. A superintendent or other entrusted official of a jail, prison or correctional institution may use physical force for the preservation of peace, to maintain order or discipline, or to prevent the commission of any felony or misdemeanor.

3. A person responsible for the maintenance of order in a place where others are assembled or on a common motor carrier of passengers, or a person acting under his direction, may use physical force if and to the extent that a reasonable person would believe it necessary to maintain order, but such person may use deadly physical force only if reasonably necessary to prevent death or serious physical injury.

4. A person acting under a reasonable belief that another person is about to commit suicide or to inflict serious physical injury upon himself may use physical force upon that person to the extent reasonably necessary to thwart the result.

5. A duly licensed physician or a registered nurse or a person acting under his direction, or any other person who renders emergency care at the scene of an emergency occurrence, may use reasonable physical force for the purpose of administering a recognized and lawful form of treatment which is reasonably adapted to promoting the physical or mental health of the patient if:

(a) The treatment is administered with the consent of the patient or, if the patient is a minor or an incompetent person, with the consent of his parent, guardian or other person entrusted with his care and supervision except as otherwise provided by law; or

(b) The treatment is administered in an emergency when the person administering such treatment reasonably believes that no one competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.

6. A person may otherwise use physical force upon another person as further provided in this chapter.

CREDIT(S)

Added by Laws 1977, Ch. 142, § 44, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-404

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§ 13-404. Justification; self-defense

A. Except as provided in subsection B of this section, a person is justified in threatening or using physical force against another when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful physical force.

B. The threat or use of physical force against another is not justified:

1. In response to verbal provocation alone; or

2. To resist an arrest that the person knows or should know is being made by a peace officer or by a person acting in a peace officer's presence and at his direction, whether the arrest is lawful or unlawful, unless the physical force used by the peace officer exceeds that allowed by law; or

3. If the person provoked the other's use or attempted use of unlawful physical force, unless:

(a) The person withdraws from the encounter or clearly communicates to the other his intent to do so reasonably believing he cannot safely withdraw from the encounter; and

(b) The other nevertheless continues or attempts to use unlawful physical force against the person.

CREDIT(S)

Added by Laws 1977, Ch. 142, § 44, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-405

Effective: July 29, 2010

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§ 13-405. Justification; use of deadly physical force

A. A person is justified in threatening or using deadly physical force against another:

1. If such person would be justified in threatening or using physical force against the other under § 13-404, and

2. When and to the degree a reasonable person would believe that deadly physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful deadly physical force.

B. A person has no duty to retreat before threatening or using deadly physical force pursuant to this section if the person is in a place where the person may legally be and is not engaged in an unlawful act.

CREDIT(S)

Added by Laws 1977, Ch. 142, § 44, eff. Oct. 1, 1978. Amended by Laws 2010, Ch. 327, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-406

Effective: July 20, 2011

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§ 13-406. Justification; defense of a third person

A person is justified in threatening or using physical force or deadly physical force against another to protect a third person if, under the circumstances as a reasonable person would believe them to be, such person would be justified under § 13-404 or 13-405 in threatening or using physical force or deadly physical force to protect himself against the unlawful physical force or deadly physical force a reasonable person would believe is threatening the third person he seeks to protect.

CREDIT(S)

Added by Laws 1977, Ch. 142, § 44, eff. Oct. 1, 1978. Amended by Laws 2011, Ch. 353, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-407

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§ 13-407. Justification; use of physical force in defense of premises

A. A person or his agent in lawful possession or control of premises is justified in threatening to use deadly physical force or in threatening or using physical force against another when and to the extent that a reasonable person would believe it immediately necessary to prevent or terminate the commission or attempted commission of a criminal trespass by the other person in or upon the premises.

B. A person may use deadly physical force under subsection A only in the defense of himself or third persons as described in §§ 13-405 and 13-406.

C. In this section, “premises” means any real property and any structure, movable or immovable, permanent or temporary, adapted for both human residence and lodging whether occupied or not.

CREDIT(S)

Added by Laws 1977, Ch. 142, § 44, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-408

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§ 13-408. Justification; use of physical force in defense of property

A person is justified in using physical force against another when and to the extent that a reasonable person would believe it necessary to prevent what a reasonable person would believe is an attempt or commission by the other person of theft or criminal damage involving tangible movable property under his possession or control, but such person may use deadly physical force under these circumstances as provided in §§ 13-405, 13-406 and 13-411.

CREDIT(S)

Added by Laws 1977, Ch. 142, § 44, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-409

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§ 13-409. Justification; use of physical force in law enforcement

A person is justified in threatening or using physical force against another if in making or assisting in making an arrest or detention or in preventing or assisting in preventing the escape after arrest or detention of that other person, such person uses or threatens to use physical force and all of the following exist:

1. A reasonable person would believe that such force is immediately necessary to effect the arrest or detention or prevent the escape.

2. Such person makes known the purpose of the arrest or detention or believes that it is otherwise known or cannot reasonably be made known to the person to be arrested or detained.

3. A reasonable person would believe the arrest or detention to be lawful.

CREDIT(S)

Added by Laws 1977, Ch. 142, § 44, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-410

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§ 13-410. Justification; use of deadly physical force in law enforcement

A. The threatened use of deadly physical force by a person against another is justified pursuant to § 13-409 only if a reasonable person effecting the arrest or preventing the escape would believe the suspect or escapee is:

1. Actually resisting the discharge of a legal duty with deadly physical force or with the apparent capacity to use deadly physical force; or

2. A felon who has escaped from lawful confinement; or

3. A felon who is fleeing from justice or resisting arrest with physical force.

B. The use of deadly physical force by a person other than a peace officer against another is justified pursuant to § 13-409 only if a reasonable person effecting the arrest or preventing the escape would believe the suspect or escapee is actually resisting the discharge of a legal duty with physical force or with the apparent capacity to use deadly physical force.

C. The use of deadly force by a peace officer against another is justified pursuant to § 13-409 only when the peace officer reasonably believes that it is necessary:

1. To defend himself or a third person from what the peace officer reasonably believes to be the use or imminent use of deadly physical force.

2. To effect an arrest or prevent the escape from custody of a person whom the peace officer reasonably believes:

(a) Has committed, attempted to commit, is committing or is attempting to commit a felony involving the use or a threatened use of a deadly weapon.

(b) Is attempting to escape by use of a deadly weapon.

(c) Through past or present conduct of the person which is known by the peace officer that the person is likely to endanger human life or inflict serious bodily injury to another unless apprehended without delay.

(d) Is necessary to lawfully suppress a riot if the person or another person participating in the riot is armed with a deadly weapon.

D. Notwithstanding any other provisions of this chapter, a peace officer is justified in threatening to use deadly physical force when and to the extent a reasonable officer believes it necessary to protect himself against another's potential use of physical force or deadly physical force.

CREDIT(S)

Added by Laws 1977, Ch. 142, § 44, eff. Oct. 1, 1978. Amended by Laws 1989, Ch. 233, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-411

Effective: July 20, 2011

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§ 13-411. Justification; use of force in crime prevention; applicability

A. A person is justified in threatening or using both physical force and deadly physical force against another if and to the extent the person reasonably believes that physical force or deadly physical force is immediately necessary to prevent the other's commission of arson of an occupied structure under § 13-1704, burglary in the second or first degree under § 13-1507 or 13-1508, kidnapping under § 13-1304, manslaughter under § 13-1103, second or first degree murder under § 13-1104 or 13-1105, sexual conduct with a minor under § 13-1405, sexual assault under § 13-1406, child molestation under § 13-1410, armed robbery under § 13-1904 or aggravated assault under § 13-1204, subsection A, paragraphs 1 and 2.

B. There is no duty to retreat before threatening or using physical force or deadly physical force justified by subsection A of this section.

C. A person is presumed to be acting reasonably for the purposes of this section if the person is acting to prevent what the person reasonably believes is the imminent or actual commission of any of the offenses listed in subsection A of this section.

D. This section includes the use or threatened use of physical force or deadly physical force in a person's home, residence, place of business, land the person owns or leases, conveyance of any kind, or any other place in this state where a person has a right to be.

CREDIT(S)

Added by Laws 1977, Ch. 142, § 44, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 95, eff. Oct. 1, 1978; Laws 1983, Ch. 202, § 3; Laws 1983, Ch. 255, § 2; Laws 2006, Ch. 199, § 3, eff. April 24, 2006; Laws 2011, Ch. 353, § 2.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-412

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§ 13-412. Duress

A. Conduct which would otherwise constitute an offense is justified if a reasonable person would believe that he was compelled to engage in the proscribed conduct by the threat or use of immediate physical force against his person or the person of another which resulted or could result in serious physical injury which a reasonable person in the situation would not have resisted.

B. The defense provided by subsection A is unavailable if the person intentionally, knowingly or recklessly placed himself in a situation in which it was probable that he would be subjected to duress.

C. The defense provided by subsection A is unavailable for offenses involving homicide or serious physical injury.

CREDIT(S)

Added by Laws 1977, Ch. 142, § 44, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 164, § 5, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-413

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§ 13-413. No civil liability for justified conduct

No person in this state shall be subject to civil liability for engaging in conduct otherwise justified pursuant to the provisions of this chapter.

CREDIT(S)

Added as § 13-1207 by Laws 1970, Ch. 193, § 1. Renumbered as § 13-3807 by Laws 1977, Ch. 142, § 110, eff. Oct. 1, 1978. Renumbered as § 13-413 and amended by Laws 1978, Ch. 201, § 96, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-414

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§ 13-414. Justification; use of reasonable and necessary means

A correctional officer as defined in § 41-1661 may use all reasonable and necessary means including deadly force to prevent the attempt of a prisoner sentenced to the custody of the state department of corrections to:

1. Escape from custody or from a correctional facility.

2. Take another person as a hostage.

3. Cause serious bodily harm to another person.

CREDIT(S)

Added by Laws 1990, Ch. 264, § 1. Amended by Laws 1997, Ch. 81, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-415

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§ 13-415. Justification; domestic violence

If there have been past acts of domestic violence as defined in § 13-3601, subsection A against the defendant by the victim, the state of mind of a reasonable person under §§ 13-404, 13-405 and 13-406 shall be determined from the perspective of a reasonable person who has been a victim of those past acts of domestic violence.

CREDIT(S)

Added by Laws 1992, Ch. 124, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-416

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§ 13-416. Justification; use of reasonable and necessary means; definition

A. A security officer who is employed by a private contractor may use all reasonable and necessary means, including deadly force, to prevent a prisoner in the custody of the private contractor from the following:

1. Escaping from the custody of a law enforcement officer, an authorized custodial agent or a correctional facility.

2. Taking another person as a hostage or causing death or serious bodily harm to another person.

B. Security officers who are described in subsection A and who are employed by private prisons in this state shall meet or exceed the minimal training standards established by the American correctional association.

C. For the purposes of this section, “private contractor” means a person that contracts with any governmental entity to provide detention or incarceration services for prisoners.

CREDIT(S)

Added by Laws 1997, Ch. 81, § 2. Amended by Laws 1997, Ch. 283, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-417

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§ 13-417. Necessity defense

A. Conduct that would otherwise constitute an offense is justified if a reasonable person was compelled to engage in the proscribed conduct and the person had no reasonable alternative to avoid imminent public or private injury greater than the injury that might reasonably result from the person's own conduct.

B. An accused person may not assert the defense under subsection A if the person intentionally, knowingly or recklessly placed himself in the situation in which it was probable that the person would have to engage in the proscribed conduct.

C. An accused person may not assert the defense under subsection A for offenses involving homicide or serious physical injury.

CREDIT(S)

Added as § 13-416 by Laws 1997, Ch. 136, § 5. Renumbered as § 13-417.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-418

Effective: April 24, 2006

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§ 13-418. Justification; use of force in defense of residential structure or occupied vehicles; definitions

A. Notwithstanding any other provision of this chapter, a person is justified in threatening to use or using physical force or deadly physical force against another person if the person reasonably believes himself or another person to be in imminent peril of death or serious physical injury and the person against whom the physical force or deadly physical force is threatened or used was in the process of unlawfully or forcefully entering, or had unlawfully or forcefully entered, a residential structure or occupied vehicle, or had removed or was attempting to remove another person against the other person's will from the residential structure or occupied vehicle.

B. A person has no duty to retreat before threatening or using physical force or deadly physical force pursuant to this section.

C. For the purposes of this section:

1. “Residential structure” has the same meaning prescribed in § 13-1501.

2. “Vehicle” means a conveyance of any kind, whether or not motorized, that is designed to transport persons or property.

CREDIT(S)

Added by Laws 2006, Ch. 199, § 4, eff. April 24, 2006.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-419

Effective: July 20, 2011

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§ 13-419. Presumptions; defense of a residential structure or occupied vehicle; exceptions; definitions

A. A person is presumed to reasonably believe that the threat or use of physical force or deadly force is immediately necessary for the purposes of §§ 13-404 through 13-408, § 13-418 and § 13-421 if the person knows or has reason to believe that the person against whom physical force or deadly force is threatened or used is unlawfully or forcefully entering or has unlawfully or forcefully entered and is present in the person's residential structure or occupied vehicle.

B. For the purposes of §§ 13-404 through 13-408, § 13-418 and § 13-421, a person who is unlawfully or forcefully entering or who has unlawfully or forcefully entered and is present in a residential structure or occupied vehicle is presumed to pose an imminent threat of unlawful deadly harm to any person who is in the residential structure or occupied vehicle.

C. The presumptions in subsections A and B of this section do not apply if:

1. The person against whom physical force or deadly physical force was threatened or used has the right to be in or is a lawful resident of the residential structure or occupied vehicle, including an owner, lessee, invitee or titleholder, and an order of protection or injunction against harassment has not been filed against that person.

2. The person against whom physical force or deadly physical force was threatened or used is the parent or grandparent, or has legal custody or guardianship, of a child or grandchild sought to be removed from the residential structure or occupied vehicle.

3. The person who threatens or uses physical force or deadly physical force is engaged in an unlawful activity or is using the residential structure or occupied vehicle to further an unlawful activity.

4. The person against whom physical force or deadly physical force was threatened or used is a law enforcement officer who enters or attempts to enter a residential structure or occupied vehicle in the performance of official duties.

D. For the purposes of this section:

1. “Residential structure” has the same meaning prescribed in § 13-1501.

2. “Vehicle” means a conveyance of any kind, whether or not motorized, that is designed to transport persons or property.

CREDIT(S)

Added by Laws 2006, Ch. 199, § 4, eff. April 24, 2006. Amended by Laws 2011, Ch. 353, § 3.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-420

Effective: April 24, 2006

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§ 13-420. Attorney fees; costs

The court shall award reasonable attorney fees, costs, compensation for lost income and all expenses incurred by a defendant in the defense of any civil action based on conduct otherwise justified pursuant to this chapter if the defendant prevails in the civil action.

CREDIT(S)

Added by Laws 2006, Ch. 199, § 4, eff. April 24, 2006.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-421

Effective: September 30, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§ 13-421. Justification; defensive display of a firearm; definition

A. The defensive display of a firearm by a person against another is justified when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the use or attempted use of unlawful physical force or deadly physical force.

B. This section does not apply to a person who:

1. Intentionally provokes another person to use or attempt to use unlawful physical force.

2. Uses a firearm during the commission of a serious offense as defined in § 13-706 or violent crime as defined in § 13-901.03.

C. This section does not require the defensive display of a firearm before the use of physical force or the threat of physical force by a person who is otherwise justified in the use or threatened use of physical force.

D. For the purposes of this section, “defensive display of a firearm” includes:

1. Verbally informing another person that the person possesses or has available a firearm.

2. Exposing or displaying a firearm in a manner that a reasonable person would understand was meant to protect the person against another's use or attempted use of unlawful physical force or deadly physical force.

3. Placing the person's hand on a firearm while the firearm is contained in a pocket, purse or other means of containment or transport.

CREDIT(S)

Added by Laws 2009, Ch. 183, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-422

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§ 13-422. Renumbered as § 13-3002

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-423

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§§ 13-423 to 13-427. Repealed by Laws 1977, Ch. 142, § 12, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-424

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§§ 13-423 to 13-427. Repealed by Laws 1977, Ch. 142, § 12, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-425

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§§ 13-423 to 13-427. Repealed by Laws 1977, Ch. 142, § 12, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-426

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§§ 13-423 to 13-427. Repealed by Laws 1977, Ch. 142, § 12, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-427

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§§ 13-423 to 13-427. Repealed by Laws 1977, Ch. 142, § 12, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-431

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§§ 13-431, 13-432. Renumbered as §§ 13-3301, 13-3302

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-432

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§§ 13-431, 13-432. Renumbered as §§ 13-3301, 13-3302

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-433

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§§ 13-433, 13-434. Repealed by Laws 1977, Ch. 142, § 14, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-434

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§§ 13-433, 13-434. Repealed by Laws 1977, Ch. 142, § 14, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-435

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§§ 13-435 to 13-437. Renumbered as §§ 13-3303 to 13-3305

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-436

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§§ 13-435 to 13-437. Renumbered as §§ 13-3303 to 13-3305

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-437

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§§ 13-435 to 13-437. Renumbered as §§ 13-3303 to 13-3305

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-438

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§ 13-438. Repealed by Laws 1977, Ch. 142, § 14, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-439

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§§ 13-439, 13-440. Renumbered as §§ 13-3306, 13-3307

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-440

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§§ 13-439, 13-440. Renumbered as §§ 13-3306, 13-3307

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-451

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§§ 13-451 to 13-453. Repealed by Laws 1977, Ch. 142, § 15, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-452

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§§ 13-451 to 13-453. Repealed by Laws 1977, Ch. 142, § 15, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-453

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§§ 13-451 to 13-453. Repealed by Laws 1977, Ch. 142, § 15, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-454

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§ 13-454. Renumbered as § 13-703

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-455

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§§ 13-455 to 13-463. Repealed by Laws 1977, Ch. 142, § 15, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-456

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§§ 13-455 to 13-463. Repealed by Laws 1977, Ch. 142, § 15, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-457

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§§ 13-455 to 13-463. Repealed by Laws 1977, Ch. 142, § 15, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-458

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§§ 13-455 to 13-463. Repealed by Laws 1977, Ch. 142, § 15, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-459

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§§ 13-455 to 13-463. Repealed by Laws 1977, Ch. 142, § 15, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-460

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§§ 13-455 to 13-463. Repealed by Laws 1977, Ch. 142, § 15, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-461

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§§ 13-455 to 13-463. Repealed by Laws 1977, Ch. 142, § 15, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-462

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§§ 13-455 to 13-463. Repealed by Laws 1977, Ch. 142, § 15, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-463

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§§ 13-455 to 13-463. Repealed by Laws 1977, Ch. 142, § 15, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-471

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§ 13-471. Renumbered as § 13-3608

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-481

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§ 13-481. Repealed by Laws 1977, Ch. 142, § 16, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-491

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§§ 13-491, 13-492. Repealed by Laws 1977, Ch. 142, § 16, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-492

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 4. Justification (Refs & Annos)

§§ 13-491, 13-492. Repealed by Laws 1977, Ch. 142, § 16, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 5, Refs & Annos

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 5. Responsibility

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-501

Effective: July 29, 2010

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§ 13-501. Persons under eighteen years of age; felony charging; definitions

A. The county attorney shall bring a criminal prosecution against a juvenile in the same manner as an adult if the juvenile is fifteen, sixteen or seventeen years of age at the time the alleged offense is committed and the juvenile is accused of any of the following offenses:

1. First degree murder in violation of § 13-1105.

2. Second degree murder in violation of § 13-1104.

3. Forcible sexual assault in violation of § 13-1406.

4. Armed robbery in violation of § 13-1904.

5. Any other violent felony offense.

6. Any felony offense committed by a chronic felony offender.

7. Any offense that is properly joined to an offense listed in this subsection.

B. Except as provided in subsection A of this section, the county attorney may bring a criminal prosecution against a juvenile in the same manner as an adult if the juvenile is at least fourteen years of age at the time the alleged offense is committed and the juvenile is accused of any of the following offenses:

1. A class 1 felony.

2. A class 2 felony.

3. A class 3 felony in violation of any offense in chapters 10 through 17 [FN1] or chapter 19 or 23 of this title. [FN2]

4. A class 3, 4, 5 or 6 felony involving a dangerous offense.

5. Any felony offense committed by a chronic felony offender.

6. Any offense that is properly joined to an offense listed in this subsection.

C. A criminal prosecution shall be brought against a juvenile in the same manner as an adult if the juvenile has been accused of a criminal offense and has a historical prior felony conviction.

D. At the time the county attorney files a complaint or indictment the county attorney shall file a notice stating that the juvenile is a chronic felony offender. Subject to subsection E of this section, the notice shall establish and confer jurisdiction over the juvenile as a chronic felony offender.

E. On motion of the juvenile the court shall hold a hearing after arraignment and before trial to determine if a juvenile is a chronic felony offender. At the hearing the state shall prove by a preponderance of the evidence that the juvenile is a chronic felony offender. If the court does not find that the juvenile is a chronic felony offender, the court shall transfer the juvenile to the juvenile court pursuant to § 8-302. If the court finds that the juvenile is a chronic felony offender or if the juvenile does not file a motion to determine if the juvenile is a chronic felony offender, the criminal prosecution shall continue.

F. Except as provided in § 13-921, a person who is charged pursuant to this section shall be sentenced in the criminal court in the same manner as an adult for any offense for which the person is convicted.

G. Unless otherwise provided by law, nothing in this section shall be construed as to confer jurisdiction in the juvenile court over any person who is eighteen years of age or older.

H. For the purposes of this section:

1. “Accused” means a juvenile against whom a complaint, information or indictment is filed.

2. “Chronic felony offender” means a juvenile who has had two prior and separate adjudications and dispositions for conduct that would constitute a historical prior felony conviction if the juvenile had been tried as an adult.

3. “Forcible sexual assault” means sexual assault pursuant to § 13-1406 that is committed without consent as defined in § 13-1401, paragraph 5, subdivision (a).

4. “Other violent felony offense” means:

(a) Aggravated assault pursuant to § 13-1204, subsection A, paragraph 1.

(b) Aggravated assault pursuant to § 13-1204, subsection A, paragraph 2 involving the use of a deadly weapon.

(d) Discharging a firearm at a structure pursuant to § 13-1211.

CREDIT(S)

Added by Laws 1997, Ch. 220, § 72. Amended by Laws 1997, Ch. 220, § 73, eff. July 1, 1998; Laws 1997, 2nd S.S., Ch. 4, § 33, eff. Nov. 14, 1997; Laws 1997, 2nd S.S., Ch. 4, § 34, eff. July 1, 1998; Laws 1998, Ch. 216, § 15; Laws 2005, Ch. 185, § 2; Laws 2008, Ch. 301, § 13, eff. Jan. 1, 2009; Laws 2010, Ch. 183, § 1.

[FN1] Sections 13-1001 et seq. through 13-1701 et seq.

[FN2] Sections 13-1901 et seq. or 13-2301 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-501.01

Effective: September 19, 2007

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§ 13-501.01. Renumbered as § 13-504

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-502

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§ 13-502. Insanity test; burden of proof; guilty except insane verdict

A. A person may be found guilty except insane if at the time of the commission of the criminal act the person was afflicted with a mental disease or defect of such severity that the person did not know the criminal act was wrong. A mental disease or defect constituting legal insanity is an affirmative defense. Mental disease or defect does not include disorders that result from acute voluntary intoxication or withdrawal from alcohol or drugs, character defects, psychosexual disorders or impulse control disorders. Conditions that do not constitute legal insanity include but are not limited to momentary, temporary conditions arising from the pressure of the circumstances, moral decadence, depravity or passion growing out of anger, jealousy, revenge, hatred or other motives in a person who does not suffer from a mental disease or defect or an abnormality that is manifested only by criminal conduct.

B. In a case involving the death or serious physical injury of or the threat of death or serious physical injury to another person, if a plea of insanity is made and the court determines that a reasonable basis exists to support the plea, the court may commit the defendant to a secure state mental health facility under the department of health services, a secure county mental health evaluation and treatment facility or another secure licensed mental health facility for up to thirty days for mental health evaluation and treatment. Experts at the mental health facility who are licensed pursuant to title 32, [FN1] who are familiar with this state's insanity statutes, who are specialists in mental diseases and defects and who are knowledgeable concerning insanity shall observe and evaluate the defendant. The expert or experts who examine the defendant shall submit a written report of the evaluation to the court, the defendant's attorney and the prosecutor. The court shall order the defendant to pay the costs of the mental health facility to the clerk of the court. The clerk of the court shall transmit the reimbursements to the mental health facility for all of its costs. If the court finds the defendant is indigent or otherwise is unable to pay all or any of the costs, the court shall order the county to reimburse the mental health facility for the remainder of the costs. Notwithstanding § 36-545.02, the mental health facility may maintain the reimbursements. If the court does not commit the defendant to a secure state mental health facility, a secure county mental health evaluation and treatment facility or another secure licensed mental health facility, the court shall appoint an independent expert who is licensed pursuant to title 32, who is familiar with this state's insanity statutes, who is a specialist in mental diseases and defects and who is knowledgeable concerning insanity to observe and evaluate the defendant. The expert who examines the defendant shall submit a written report of the evaluation to the court, the defendant's attorney and the prosecutor. The court shall order the defendant to pay the costs of the services of the independent expert to the clerk of the court. The clerk of the court shall transmit the reimbursements to the expert. If the court finds the defendant is indigent or otherwise unable to pay all or any of the costs, the court shall order the county to reimburse the expert for the remainder of the costs. This subsection does not prohibit the defendant or this state from obtaining additional psychiatric examinations by other mental health experts who are licensed pursuant to title 32, who are familiar with this state's insanity statutes, who are specialists in mental diseases and defects and who are knowledgeable concerning insanity.

C. The defendant shall prove the defendant's legal insanity by clear and convincing evidence.

D. If the finder of fact finds the defendant guilty except insane, the court shall determine the sentence the defendant could have received pursuant to § 13-707 or § 13-751, subsection A or the presumptive sentence the defendant could have received pursuant to section 13-702, § 13-703, § 13-704, § 13-705, § 13-706, subsection A, § 13-710 or § 13-1406 if the defendant had not been found insane, and the judge shall sentence the defendant to a term of incarceration in the state department of corrections and shall order the defendant to be placed under the jurisdiction of the psychiatric security review board and committed to a state mental health facility under the department of health services pursuant to § 13-3994 for that term. In making this determination the court shall not consider the sentence enhancements for prior convictions under section 13-703 or 13-704. The court shall expressly identify each act that the defendant committed and separately find whether each act involved the death or physical injury of or a substantial threat of death or physical injury to another person.

E. A guilty except insane verdict is not a criminal conviction for sentencing enhancement purposes under section 13-703 or 13-704.

CREDIT(S)

Added by Laws 1993, Ch. 256, § 3, eff. Jan. 2, 1994. Amended by Laws 1996, Ch. 173, § 1; Laws 2007, Ch. 138, § 1; Laws 2008, Ch. 301, § 14, eff. Jan. 1, 2009.

[FN1] Section 32-101 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-503

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§ 13-503. Effect of alcohol or drug use

Temporary intoxication resulting from the voluntary ingestion, consumption, inhalation or injection of alcohol, an illegal substance under chapter 34 of this title [FN1] or other psychoactive substances or the abuse of prescribed medications does not constitute insanity and is not a defense for any criminal act or requisite state of mind.

CREDIT(S)

Added by Laws 1993, Ch. 256, § 3, eff. Jan. 2, 1994.

[FN1] Section 13-3401 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-504

Effective: July 20, 2011

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§ 13-504. Persons under eighteen years of age; juvenile transfer

A. On the motion of a juvenile or on the court's own motion, the court, if a juvenile is being prosecuted in the same manner as an adult pursuant to § 13-501, subsection B, shall hold a hearing to determine if jurisdiction of the criminal prosecution should be transferred to the juvenile court.

B. Notwithstanding subsection A of this section, the court shall hold a hearing if a juvenile is prosecuted in the same manner as an adult pursuant to § 13-501, subsection B for an offense that was committed more than twelve months before the date of the filing of the criminal charge.

C. If the court finds by clear and convincing evidence that public safety and the rehabilitation of the juvenile, if adjudicated delinquent, would be best served by transferring the prosecution to the juvenile court, the judge shall order the juvenile transferred to the juvenile court. On transfer, the court shall order that the juvenile be taken to a place of detention designated by the juvenile court or to that court or shall release the juvenile to the custody of the juvenile's parent or guardian or other person legally responsible for the juvenile. If the juvenile is released to the juvenile's parent or guardian or other person legally responsible for the juvenile, the court shall require that the parent, guardian or other person bring the juvenile to appear before the juvenile court at a designated time. The juvenile court shall then proceed with all further proceedings as if a petition alleging delinquency had been filed with the juvenile court under § 8-301.

D. The court shall consider the following factors in determining whether public safety and the juvenile's rehabilitation, if adjudicated delinquent, would be served by the transfer:

1. The seriousness of the offense involved.

2. The record and previous history of the juvenile, including previous contacts with the court and law enforcement, previous periods of any court ordered probation and the results of that probation.

3. Any previous commitments of the juvenile to juvenile residential placements or other secure institutions.

4. Whether the juvenile was previously committed to the department of juvenile corrections for a felony offense.

5. Whether the juvenile committed another felony offense while the juvenile was a ward of the department of juvenile corrections.

6. Whether the juvenile committed the alleged offense while participating in, assisting, promoting or furthering the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise.

7. The views of the victim of the offense.

8. Whether the degree of the juvenile's participation in the offense was relatively minor but not so minor as to constitute a defense to prosecution.

9. The juvenile's mental and emotional condition.

10. The likelihood of the juvenile's reasonable rehabilitation through the use of services and facilities that are currently available to the juvenile court.

E. At the conclusion of the transfer hearing, the court shall make a written determination whether the juvenile should be transferred to juvenile court. The court shall not defer the decision as to the transfer.

CREDIT(S)

Added as § 13-501.01 by Laws 2007, Ch. 176, § 2. Renumbered as § 13-504. Amended by Laws 2011, Ch. 206, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-505

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-505 to 13-507. Repealed by Laws 1977, Ch. 142, § 17, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-506

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-505 to 13-507. Repealed by Laws 1977, Ch. 142, § 17, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-507

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-505 to 13-507. Repealed by Laws 1977, Ch. 142, § 17, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-508

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§ 13-508. Renumbered as § 13-3003

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-509

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-509 to 13-512. Repealed by Laws 1977, Ch. 142, § 17, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-510

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-509 to 13-512. Repealed by Laws 1977, Ch. 142, § 17, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-511

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-509 to 13-512. Repealed by Laws 1977, Ch. 142, § 17, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-512

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-509 to 13-512. Repealed by Laws 1977, Ch. 142, § 17, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. §§ 13-521

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§ 13-521. Repealed by Laws 1977, Ch. 142, § 18, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-531

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§ 13-531. Repealed by Laws 1977, Ch. 142, § 19, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-531.01

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§ 13-531.01. Renumbered as § 13-3501

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-532

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-532 to 13-538. Renumbered as §§ 13-3502 to 13-3508

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-533

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-532 to 13-538. Renumbered as §§ 13-3502 to 13-3508

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-534

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-532 to 13-538. Renumbered as §§ 13-3502 to 13-3508

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-535

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-532 to 13-538. Renumbered as §§ 13-3502 to 13-3508

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-536

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-532 to 13-538. Renumbered as §§ 13-3502 to 13-3508

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-537

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-532 to 13-538. Renumbered as §§ 13-3502 to 13-3508

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-538

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-532 to 13-538. Renumbered as §§ 13-3502 to 13-3508

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-541

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§ 13-541. Repealed by Laws 1977, Ch. 142, § 19, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-541.01

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§ 13-541.01. Renumbered as § 13-2409

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-542

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-542 to 13-550. Repealed by Laws 1977, Ch. 142, § 19, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-543

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-542 to 13-550. Repealed by Laws 1977, Ch. 142, § 19, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-544

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-542 to 13-550. Repealed by Laws 1977, Ch. 142, § 19, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-545

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-542 to 13-550. Repealed by Laws 1977, Ch. 142, § 19, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-546

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-542 to 13-550. Repealed by Laws 1977, Ch. 142, § 19, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-547

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-542 to 13-550. Repealed by Laws 1977, Ch. 142, § 19, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-548

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-542 to 13-550. Repealed by Laws 1977, Ch. 142, § 19, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-549

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-542 to 13-550. Repealed by Laws 1977, Ch. 142, § 19, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-550

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-542 to 13-550. Repealed by Laws 1977, Ch. 142, § 19, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-561

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-561 to 13-565. Repealed by Laws 1977, Ch. 142, § 20, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-562

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-561 to 13-565. Repealed by Laws 1977, Ch. 142, § 20, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-563

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-561 to 13-565. Repealed by Laws 1977, Ch. 142, § 20, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-564

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-561 to 13-565. Repealed by Laws 1977, Ch. 142, § 20, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-565

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-561 to 13-565. Repealed by Laws 1977, Ch. 142, § 20, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-566

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§ 13-566. Renumbered as § 13-2707

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-568

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-568 to 13-572. Repealed by Laws 1977, Ch. 142, § 20, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-569

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-568 to 13-572. Repealed by Laws 1977, Ch. 142, § 20, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-570

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-568 to 13-572. Repealed by Laws 1977, Ch. 142, § 20, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-571

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-568 to 13-572. Repealed by Laws 1977, Ch. 142, § 20, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-572

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-568 to 13-572. Repealed by Laws 1977, Ch. 142, § 20, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-581

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-581 to 13-584. Renumbered as §§ 13-3201 to 13-3204

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-582

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-581 to 13-584. Renumbered as §§ 13-3201 to 13-3204

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-583

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-581 to 13-584. Renumbered as §§ 13-3201 to 13-3204

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-584

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-581 to 13-584. Renumbered as §§ 13-3201 to 13-3204

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-585

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§ 13-585. Repealed by Laws 1977, Ch. 142, § 21, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-586

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-586 to 13-589. Renumbered as §§ 13-3205 to 13-3208

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-587

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-586 to 13-589. Renumbered as §§ 13-3205 to 13-3208

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-588

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-586 to 13-589. Renumbered as §§ 13-3205 to 13-3208

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-589

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-586 to 13-589. Renumbered as §§ 13-3205 to 13-3208

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-590

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§ 13-590. Repealed by Laws 1977, Ch. 142, § 21, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-591

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-591, 13-592. Renumbered as §§ 13-3209, 13-3210

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-592

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§§ 13-591, 13-592. Renumbered as §§ 13-3209, 13-3210

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-593

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 5. Responsibility (Refs & Annos)

§ 13-593. Repealed by Laws 1977, Ch. 142, § 21, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 6, Refs & Annos

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-601

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§ 13-601. Classification of offenses

A. Felonies are classified, for the purpose of sentence, into the following six categories:

1. Class 1 felonies.

2. Class 2 felonies.

3. Class 3 felonies.

4. Class 4 felonies.

5. Class 5 felonies.

6. Class 6 felonies.

B. Misdemeanors are classified, for the purpose of sentence, into the following three categories:

1. Class 1 misdemeanors.

2. Class 2 misdemeanors.

3. Class 3 misdemeanors.

C. Petty offenses are not classified.

CREDIT(S)

Added as § 13-701 by Laws 1977, Ch. 142, § 48. Renumbered as § 13-601 by Laws 1978, Ch. 201, § 98, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-601.01

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§ 13-601.01. Repealed by Laws 1976, Ch. 159, § 6, eff. June 27, 1976

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-602

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§ 13-602. Designation of offenses

A. The particular classification of each felony defined in this title is expressly designated in the section or chapter defining it. Any offense defined outside this title which is declared by law to be a felony without either specification of the classification or of the penalty is a class 5 felony.

B. The particular classification of each misdemeanor defined in this title is expressly designated in the section or chapter defining it. Any offense defined outside this title which is declared by law to be a misdemeanor without either specification of the classification or of the penalty is a class 2 misdemeanor.

C. Every petty offense in this title is expressly designated as such. Any offense defined outside this title without either designation as a felony or misdemeanor or specification of the classification or the penalty is a petty offense.

D. Any offense which is declared by law to be a felony, misdemeanor or petty offense without specification of the classification of such offense is punishable according to the penalty prescribed for such offense.

E. Any offense defined within or outside this title without designation as a felony, misdemeanor or petty offense is punishable according to the penalty prescribed for such offense.

F. Any offense defined outside this title with a specification of the classification of such offense is punishable according to the provisions of this title.

G. Any petty offense, class 3 misdemeanor or class 2 misdemeanor, except a violation of title 28, [FN1] is deemed a minor nontraffic offense for the limited purpose of armed forces recruitment.

CREDIT(S)

Added as § 13-702 by Laws 1977, Ch. 142, § 48. Renumbered as § 13-602 and amended by Laws 1978, Ch. 201, §§ 98, 99, eff. Oct. 1, 1978. Amended by Laws 1983, Ch. 320, § 1.

[FN1] Section 28-101 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-603

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§ 13-603. Authorized disposition of offenders

A. Every person convicted of any offense defined in this title or defined outside this title shall be sentenced in accordance with this chapter and chapters 7, 8 and 9 [FN1] of this title unless otherwise provided by law.

B. If a person is convicted of an offense, the court, if authorized by chapter 9 of this title, may suspend the imposition or execution of sentence and grant such person a period of probation except as otherwise provided by law. The sentence is tentative to the extent that it may be altered or revoked in accordance with chapter 9 of this title, but for all other purposes it is a final judgment of conviction.

C. If a person is convicted of an offense, the court shall require the convicted person to make restitution to the person who is the victim of the crime or to the immediate family of the victim if the victim has died, in the full amount of the economic loss as determined by the court and in the manner as determined by the court or the court's designee pursuant to chapter 8 of this title. Restitution ordered pursuant to this subsection shall be paid to the clerk of the court for disbursement to the victim and is a criminal penalty for the purposes of a federal bankruptcy involving the person convicted of an offense.

D. If the court imposes probation it may also impose a fine as authorized by chapter 8 of this title.

E. If a person is convicted of an offense and not granted a period of probation, or when probation is revoked, any of the following sentences may be imposed:

1. A term of imprisonment authorized by this chapter or chapter 7 of this title.

2. A fine authorized by chapter 8 of this title. The sentence is tentative to the extent it may be modified or revoked in accordance with chapter 8 of this title, but for all other purposes it is a final judgment of conviction. If the conviction is of a class 2, 3 or 4 felony, the sentence cannot consist solely of a fine.

3. Both imprisonment and a fine.

4. Intensive probation, subject to the provisions of chapter 9 of this title.

5. Intensive probation, subject to the provisions of chapter 9 of this title, and a fine.

6. A new term of probation or intensive probation.

F. If an enterprise is convicted of any offense, a fine may be imposed as authorized by chapter 8 of this title.

G. If a person or an enterprise is convicted of any felony, the court may, in addition to any other sentence authorized by law, order the forfeiture, suspension or revocation of any charter, license, permit or prior approval granted to the person or enterprise by any department or agency of the state or of any political subdivision.

H. A court authorized to pass sentence upon a person convicted of any offense defined within or without this title shall have a duty to determine and impose the punishment prescribed for such offense.

I. If a person is convicted of a felony offense and the court sentences the person to a term of imprisonment, the court at the time of sentencing shall impose on the convicted person a term of community supervision. The term of community supervision shall be served consecutively to the actual period of imprisonment if the person signs and agrees to abide by conditions of supervision established by the state department of corrections. Except pursuant to subsection J, the term of community supervision imposed by the court shall be for a period equal to one day for every seven days of the sentence or sentences imposed.

J. In calculating the term of community supervision, all fractions shall be decreased to the nearest month, except for a class 5 or 6 felony which shall not be less than one month.

K. Notwithstanding subsection I, if the court sentences a person to serve a consecutive term of probation immediately after the person serves a term of imprisonment, the court may waive community supervision and order that the person begin serving the term of probation upon the person's release from confinement. The court may retroactively waive the term of community supervision or that part remaining to be served if the community supervision was imposed before July 21, 1997. If the court waives community supervision, the term of probation imposed shall be equal to or greater than the term of community supervision that would have been imposed. If the court does not waive community supervision, the person shall begin serving the term of probation after the person serves the term of community supervision. The state department of corrections shall provide reasonable notice to the probation department of the scheduled release of the inmate from confinement by the department.

L. If at the time of sentencing the court is of the opinion that a sentence that the law requires the court to impose is clearly excessive, the court may enter a special order allowing the person sentenced to petition the board of executive clemency for a commutation of sentence within ninety days after the person is committed to the custody of the state department of corrections. If the court enters a special order regarding commutation, the court shall set forth in writing its specific reasons for concluding that the sentence is clearly excessive. The court shall allow both the state and the victim to submit a written statement on the matter. The court's order, and reasons for its order, and the statements of the state and the victim shall be sent to the board of executive clemency.

CREDIT(S)

Added as § 13-703 by Laws 1977, Ch. 142, § 48, eff. Oct. 1, 1978. Renumbered as § 13-603 and amended by Laws 1978, Ch. 201, §§ 98, 100, eff. Oct. 1, 1978. Amended by Laws 1983, Ch. 123, § 1; Laws 1984, 1st S.S., Ch. 11, § 2, eff. July 1, 1985 and § 3, eff. July 1, 1988; Laws 1984, Ch. 123, § 1, eff. Aug. 3, 1984, and § 2, eff. July 1, 1985 and § 3, eff. July 1, 1988; Laws 1984, Ch. 124, § 1, eff. Aug. 3, 1984, and § 2, eff. July 1, 1985 and § 3, eff. July 1, 1988; Laws 1986, Ch. 248, § 2; Laws 1992, Ch. 110, § 1, eff. June 2, 1992; Laws 1993, Ch. 255, § 6, eff. Jan. 1, 1994; Laws 1995, Ch. 188, § 1; Laws 1995, Ch. 199, § 2; Laws 1997, Ch. 56, § 1; Laws 2001, Ch. 334, § 6.

[FN1] Sections 13-701 et seq., 13-801 et seq., and 13-901 et seq.

APPLICATION

<“Sec. 99. Applicability>

<“The provisions of §§ 1 through 86 and §§ 89 through 95 of this act apply only to persons who commit a felony offense after the effective date of this act.”>

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-604

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§ 13-604. 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 felony for all purposes until such time as the court may actually enter an order designating the offense a misdemeanor. 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. 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.

CREDIT(S)

Added by Laws 2008, Ch. 301, § 16, eff. Jan. 1, 2009.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-604.01

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§ 13-604.01. Renumbered as § 13-705

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-604.02

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§ 13-604.02. Renumbered as § 13-708

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-604.03

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§ 13-604.03. Repealed by Laws 2008, Ch. 301, § 18 C, eff. January 1, 2009.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-604.04

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§ 13-604.04. Renumbered as § 13-901.03

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-605

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§ 13-605. Diagnostic commitment

A. If after presentence investigation, the court desires more detailed information as a basis for determining the sentence to be imposed, it may commit the defendant to the custody of the department of corrections. The director of the department of corrections shall accept the commitment only when adequate staff and facilities are available. The notice to the court of acceptance of the commitment shall specify the time and place the defendant is to be received. The commitment shall not exceed ninety days. The department during that period shall conduct a complete study of the prisoner and shall by the expiration of the period of commitment return the prisoner to the court and provide the court with a written report of the results of the study, including whatever recommendations the department believes will be helpful in determining disposition of the case. After receiving the report and recommendations, if the court does not order a further diagnostic commitment under subsection B of this section, it shall sentence the defendant as authorized by § 13-603.

B. If after presentence investigation the court desires more detailed information about the defendant's mental condition, it may commit or refer the defendant to the custody of any diagnostic facility for the performance of psychiatric evaluation. The commitment or referral shall be for a period not to exceed ninety days. Within that period the facility shall return the prisoner to court and transmit to the court a diagnostic report, including whatever recommendations the facility may wish to make. After receiving the report and recommendations, if the court does not order a further diagnostic commitment under subsection A of this section, it shall sentence the defendant as authorized by § 13-603 or invoke the provisions of § 13-606.

C. In an appropriate case the court in its discretion may order diagnostic commitments under both subsections A and B of this section.

D. If after receiving a diagnostic report under subsection A or B of this section the court sentences the defendant to imprisonment, the period of commitment under either or both shall be credited to the sentence imposed.

CREDIT(S)

Added as § 13-705 by Laws 1977, Ch. 142, § 48, eff. Oct. 1, 1978. Renumbered as § 13-605 and amended by Laws 1978, Ch. 201, §§ 98, 102, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-606

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§ 13-606. Civil commitment after imposition of sentence

A. If, after imposition of sentence authorized by § 13-603 and on the basis of the report and recommendations submitted to the court under subsection B of § 13-605, the court believes that the defendant discloses symptoms of mental disorder, the court may proceed as provided in chapter 5 of title 36.

B. After termination of the commitment in subsection A of this section, the defendant shall be returned to the court for release or to serve the unexpired term imposed as authorized by § 13-603. The period of confinement pursuant to the civil commitment shall be credited to the sentence imposed.

CREDIT(S)

Added as § 13-706 by Laws 1977, Ch. 142, § 48, eff. Oct. 1, 1978. Renumbered as § 13-606 and amended by Laws 1978, Ch. 201, §§ 98, 103, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-607

Effective: January 1, 2010

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§ 13-607. Judgment of guilt and sentence document; fingerprint; contents of document; recitations

A. At the time of sentencing a person convicted of a felony offense or a violation of § 13-1802, 13-1805, 28-1381 or 28-1382, the court shall execute a judgment of guilt and sentence document or minute order as prescribed by this section.

B. The court or a person appointed by the court shall at the time of sentencing and in open court permanently affix the defendant's right index fingerprint to the document or order.

C. The document or order shall recite all of the following in addition to any information deemed appropriate by the court:

1. The defendant's full name and date of birth.

2. The name of the counsel for the defendant or, if counsel was waived, the fact that the defendant knowingly, voluntarily and intelligently waived the defendant's right to counsel after having been fully apprised of the defendant's right to counsel.

3. The name, statutory citation and classification of the offense.

4. Whether there was a finding by the trier of fact that the offense was of a dangerous or repetitive nature pursuant to § 13-703, 13-704 or 13-708.

5. Whether the basis of the finding of guilt was by trial to a jury or to the court, or by plea of guilty or no contest.

6. That there was a knowing, voluntary and intelligent waiver of the right to a jury trial if the finding of guilt was based on a trial to the court.

7. That there was a knowing, voluntary and intelligent waiver of all pertinent rights if the finding of guilt was based on a plea of guilty or no contest.

8. A certification by the court or the clerk of the court that at the time of sentencing and in open court the defendant's right index fingerprint was permanently affixed to the document or order.

D. The document or order shall be made a permanent part of the public records of the court, and the recitations contained in the document or order are prima facie evidence of the facts stated in the recitations.

E. If the supreme court has authorized the clerk of the court to maintain an electronic court record, the clerk may maintain only an electronic reproduction or image of the original document or order.

CREDIT(S)

Added by Laws 1984, Ch. 142, § 1. Amended by Laws 1985, Ch. 364, § 7, eff. May 16, 1985; Laws 1997, Ch. 1, § 28, eff. Oct. 1, 1997; Laws 1997, Ch. 76, § 1; Laws 1998, Ch. 302, § 8, eff. Dec. 1, 1998; Laws 2008, Ch. 301, § 20, eff. Jan. 1, 2009; Laws 2009, Ch. 120, § 1, eff. Jan. 1, 2010.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-608

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§ 13-608. Chronic felony offenders; disposition; notice

A. If a juvenile is prosecuted as a chronic felony offender pursuant to § 13-501, subsection A or B, is convicted of a felony in criminal court and is placed on probation, the juvenile shall be incarcerated in the county jail for a period of not more than one year as a condition of probation.

B. If a juvenile is prosecuted as a chronic felony offender pursuant to § 13-501, subsection A or B in criminal court and is convicted of a felony in criminal court, the court shall provide the following written notice to the juvenile:

You have been convicted as a chronic felony offender and you now have a historical prior felony conviction. You are now on notice that if you commit another felony offense, you will be tried as an adult in the criminal division of the superior court and you will be subject to mandatory sentencing.

C. The failure or inability of the court to provide the notice required by subsection B of this section does not preclude the use of the prior conviction for any purpose otherwise permitted.

CREDIT(S)

Added by Laws 1997, Ch. 220, § 74. Amended by Laws 1997, 2nd S.S., Ch. 4, § 36, eff. Nov. 14, 1997.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-609

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§ 13-609. Renumbered as § 13-709

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-610

Effective: July 20, 2011

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§ 13-610. DNA testing

A. Within thirty days after a person is sentenced to the state department of corrections or a person who is accepted under the interstate compact for the supervision of parolees and probationers arrives in this state, the state department of corrections shall secure a sufficient sample of blood or other bodily substances for deoxyribonucleic acid testing and extraction from the person if the person was convicted of an offense listed in this section and was sentenced to a term of imprisonment or was convicted of any offense that was committed in another jurisdiction that if committed in this state would be a violation of any offense listed in this section and the person is under the supervision of the state department of corrections. The state department of corrections shall transmit the sample to the department of public safety.

B. Within thirty days after a person is placed on probation and sentenced to a term of incarceration in a county jail detention facility or is detained in a county juvenile detention facility, the county detention facility shall secure a sufficient sample of blood or other bodily substances for deoxyribonucleic acid testing and extraction from the person if the person was convicted of or adjudicated delinquent for an offense listed in this section. The county detention facility shall transmit the sample to the department of public safety.

C. Within thirty days after a person is convicted and placed on probation without a term of incarceration or adjudicated delinquent and placed on probation, the county probation department shall secure a sufficient sample of blood or other bodily substances for deoxyribonucleic acid testing and extraction from the person if the person was convicted of or adjudicated delinquent for an offense listed in this section. The county probation department shall transmit the sample to the department of public safety.

D. Within thirty days after the arrival of a person who is accepted under the interstate compact for the supervision of parolees and probationers and who is under the supervision of a county probation department, the county probation department shall secure a sufficient sample of blood or other bodily substances for deoxyribonucleic acid testing and extraction from the person if the person was convicted of an offense that was committed in another jurisdiction that if committed in this state would be a violation of any offense listed in this section and was sentenced to a term of probation. The county probation department shall transmit the sample to the department of public safety.

E. Within thirty days after a juvenile is committed to the department of juvenile corrections, the department of juvenile corrections shall secure a sufficient sample of blood or other bodily substances for deoxyribonucleic acid testing and extraction from the youth if the youth was adjudicated delinquent for an offense listed in this section and was committed to a secure care facility. The department of juvenile corrections shall transmit the sample to the department of public safety.

F. Within thirty days after the arrival in this state of a juvenile who is accepted by the department of juvenile corrections pursuant to the interstate compact on juveniles and who was adjudicated for an offense that was committed in another jurisdiction that if committed in this state would be a violation of any offense listed in this section, the compact administrator shall request that the sending state impose as a condition of supervision that the juvenile submit a sufficient sample of blood or other bodily substances for deoxyribonucleic acid testing. If the sending state does not impose that condition, the department of juvenile corrections shall request a sufficient sample of blood or other bodily substances for deoxyribonucleic acid testing within thirty days after the juvenile's arrival in this state. The department of juvenile corrections shall transmit the sample to the department of public safety.

G. Notwithstanding subsections A through F, K, L and O of this section, the agency that is responsible for securing a sample pursuant to this section shall not secure the sample if the scientific criminal analysis section of the department of public safety has previously received and is maintaining a sample sufficient for deoxyribonucleic acid testing.

H. The department of public safety shall do all of the following:

1. Conduct or oversee through mutual agreement an analysis of the samples that it receives pursuant to subsections K, L and O of this section.

2. Make and maintain a report of the results of each deoxyribonucleic acid analysis.

3. Maintain samples of blood and other bodily substances for at least thirty-five years.

I. Any sample and the result of any test that is obtained pursuant to this section or § 8-238 may be used only as follows:

1. For law enforcement identification purposes.

2. In a proceeding in a criminal prosecution or juvenile adjudication.

3. In a proceeding under title 36, chapter 37. [FN1]

J. If the conviction or adjudication of a person who is subject to this section or § 8-238 is overturned on appeal or postconviction relief and a final mandate has been issued, on petition of the person to the superior court in the county in which the conviction occurred, the court shall order that the person's deoxyribonucleic acid profile resulting from that conviction or adjudication be expunged from the Arizona deoxyribonucleic acid identification system established by § 41-2418 unless the person has been convicted or adjudicated delinquent of another offense that would require the person to submit to deoxyribonucleic acid testing pursuant to this section.

K. If a person is arrested for any offense listed in subsection O, paragraph 3 of this section and is transferred by the arresting authority to a state, county or local law enforcement agency or jail, the arresting authority or its designee shall secure a sufficient sample of buccal cells or other bodily substances for deoxyribonucleic acid testing and extraction from the person for the purpose of determining identification characteristics. The arresting authority or its designee shall transmit the sample to the department of public safety.

L. A person who is charged with a felony or misdemeanor offense listed in subsection O, paragraph 3 of this section and who is summoned to appear in court for an initial appearance shall report within five days of release on bail or on the person's own recognizance to the law enforcement agency that investigated the person or its designee and submit a sufficient sample of buccal cells or other bodily substances for deoxyribonucleic acid testing and extraction. The arresting authority or its designee shall transmit the sample to the department of public safety.

M. A person who is subject to subsection K or L of this section or § 8-238 may petition the superior court in the county in which the arrest occurred or the criminal charge was filed to order that the person's deoxyribonucleic acid profile and sample be expunged from the Arizona deoxyribonucleic acid identification system, unless the person has been arrested, charged with or convicted of or adjudicated delinquent of another offense that would require the person to submit to deoxyribonucleic acid testing pursuant to this section, if any of the following applies:

1. The criminal charges are not filed within the applicable period prescribed by § 13-107.

2. The criminal charges are dismissed.

3. The person is acquitted at trial.

N. If any sample that is submitted to the department of public safety under this section or § 8-238 is found to be unacceptable for analysis and use or cannot be used by the department, the department shall require that another sample of blood or other bodily substances be secured pursuant to this section.

O. This section applies to persons who are:

1. Convicted of any felony offense.

2. Adjudicated delinquent for any of the following offenses:

(a) A violation or an attempt to violate any offense in chapter 11 of this title, [FN2] any felony offense in chapter 14 or 35.1 of this title [FN3] or § 13-1507, 13-1508 or 13-3608.

(b) Any offense for which a person is required to register pursuant to § 13-3821.

(c) A violation of any felony offense in chapter 34 of this title [FN4] that may be prosecuted pursuant to § 13-501, subsection B, paragraph 2.

(d) A violation of any felony offense that is listed in § 13-501.

3. Arrested for a violation of any offense in chapter 11 of this title, a violation of § 13-1402, 13-1403, 13-1404, 13-1405, 13-1406, 13-1410, 13-1411, 13-1417, 13-1507, 13-1508, 13-3208, 13-3214, 13-3555 or 13-3608 or a violation of any serious offense as defined in § 13-706 that is a dangerous offense.

CREDIT(S)

Added as § 13-4438 by Laws 1993, Ch. 235, § 1, eff. April 22, 1993. Amended by Laws 1995, Ch. 257, § 6; Laws 1996, Ch. 315, § 6; Laws 1998, Ch. 291, § 6; Laws 1999, Ch. 305, § 4; Laws 2000, Ch. 373, § 2; Laws 2001, Ch. 382, § 4. Renumbered as § 13-610 and amended by Laws 2002, Ch. 226, § 2; Laws 2002, Ch. 107, § 1; Laws 2003, Ch. 12, § 2; Laws 2007, Ch. 261, § 2; Laws 2008, Ch. 276, § 2; Laws 2008, Ch. 301, § 22, eff. Jan. 1, 2009. Amended by Laws 2011, Ch. 351, § 2.

[FN1] Section 36-3701 et seq.

[FN2] Section 13-1101 et seq.

[FN3] Section 13-1401 et seq. or 13-3551 et seq.

[FN4] Section 13-3401 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-611

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-611 to 13-615. Repealed by Laws 1977, Ch. 142, § 22, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-612

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-611 to 13-615. Repealed by Laws 1977, Ch. 142, § 22, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-613

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-611 to 13-615. Repealed by Laws 1977, Ch. 142, § 22, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-614

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-611 to 13-615. Repealed by Laws 1977, Ch. 142, § 22, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-615

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-611 to 13-615. Repealed by Laws 1977, Ch. 142, § 22, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-621

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§ 13-621. Repealed by Laws 1977, Ch. 142, § 22, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-631

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-631 to 13-635. Repealed by Laws 1977, Ch. 142, § 22, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-631.01

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-631 to 13-635. Repealed by Laws 1977, Ch. 142, § 22, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-632

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-631 to 13-635. Repealed by Laws 1977, Ch. 142, § 22, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-633

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-631 to 13-635. Repealed by Laws 1977, Ch. 142, § 22, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-634

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-631 to 13-635. Repealed by Laws 1977, Ch. 142, § 22, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-635

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-631 to 13-635. Repealed by Laws 1977, Ch. 142, § 22, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-641

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-641 to 13-644. Repealed by Laws 1977, Ch. 142, § 22, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-642

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-641 to 13-644. Repealed by Laws 1977, Ch. 142, § 22, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-643

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-641 to 13-644. Repealed by Laws 1977, Ch. 142, § 22, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-644

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-641 to 13-644. Repealed by Laws 1977, Ch. 142, § 22, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-651

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-651 to 13-653. Renumbered as §§ 13-1411, 13-1412, and 13-1410

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-652

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-651 to 13-653. Renumbered as §§ 13-1411, 13-1412, and 13-1410

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-653

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-651 to 13-653. Renumbered as §§ 13-1411, 13-1412, and 13-1410

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-661

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-661 to 13-677. Repealed by Laws 1977, Ch. 142, § 23, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-662

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-661 to 13-677. Repealed by Laws 1977, Ch. 142, § 23, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-663

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-661 to 13-677. Repealed by Laws 1977, Ch. 142, § 23, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-664

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-661 to 13-677. Repealed by Laws 1977, Ch. 142, § 23, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-665

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-661 to 13-677. Repealed by Laws 1977, Ch. 142, § 23, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-666

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-661 to 13-677. Repealed by Laws 1977, Ch. 142, § 23, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-667

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-661 to 13-677. Repealed by Laws 1977, Ch. 142, § 23, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-668

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-661 to 13-677. Repealed by Laws 1977, Ch. 142, § 23, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-669

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-661 to 13-677. Repealed by Laws 1977, Ch. 142, § 23, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-670

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-661 to 13-677. Repealed by Laws 1977, Ch. 142, § 23, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-671

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-661 to 13-677. Repealed by Laws 1977, Ch. 142, § 23, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-672

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-661 to 13-677. Repealed by Laws 1977, Ch. 142, § 23, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-672.01

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-661 to 13-677. Repealed by Laws 1977, Ch. 142, § 23, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-673

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-661 to 13-677. Repealed by Laws 1977, Ch. 142, § 23, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-674

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-661 to 13-677. Repealed by Laws 1977, Ch. 142, § 23, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-675

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-661 to 13-677. Repealed by Laws 1977, Ch. 142, § 23, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-676

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-661 to 13-677. Repealed by Laws 1977, Ch. 142, § 23, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-677

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-661 to 13-677. Repealed by Laws 1977, Ch. 142, § 23, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-681

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-681 to 13-689. Repealed by Laws 1977, Ch. 142, § 23, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-682

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-681 to 13-689. Repealed by Laws 1977, Ch. 142, § 23, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-683

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-681 to 13-689. Repealed by Laws 1977, Ch. 142, § 23, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-684

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-681 to 13-689. Repealed by Laws 1977, Ch. 142, § 23, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-685

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-681 to 13-689. Repealed by Laws 1977, Ch. 142, § 23, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-686

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-681 to 13-689. Repealed by Laws 1977, Ch. 142, § 23, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-687

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-681 to 13-689. Repealed by Laws 1977, Ch. 142, § 23, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-688

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-681 to 13-689. Repealed by Laws 1977, Ch. 142, § 23, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-689

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 6. Classifications of Offenses and Authorized Dispositions of Offenders (Refs & Annos)

§§ 13-681 to 13-689. Repealed by Laws 1977, Ch. 142, § 23, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 7, Refs & Annos

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 7. Sentencing and Imprisonment

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-701

Effective: August 2, 2012

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7. Sentencing and Imprisonment (Refs & Annos)

§ 13-701. Sentence of imprisonment for felony; presentence report; aggravating and mitigating factors; consecutive terms of imprisonment; definition

A. A sentence of imprisonment for a felony shall be a definite term of years and the person sentenced, unless otherwise provided by law, shall be committed to the custody of the state department of corrections.

B. No prisoner may be transferred to the custody of the state department of corrections without a certified copy of the judgment and sentence, signed by the sentencing judge, and a copy of a recent presentence investigation report unless the court has waived preparation of the report.

C. The minimum or maximum term imposed pursuant to § 13-702, 13-703, 13-704, 13-705, 13-708, 13-710, 13-1406, 13-3212 or 13-3419 may be imposed only if one or more of the circumstances alleged to be in aggravation of the crime are found to be true by the trier of fact beyond a reasonable doubt or are admitted by the defendant, except that an alleged aggravating circumstance under subsection D, paragraph 11 of this section shall be found to be true by the court, or in mitigation of the crime are found to be true by the court, on any evidence or information introduced or submitted to the court or the trier of fact before sentencing or any evidence presented at trial, and factual findings and reasons in support of such findings are set forth on the record at the time of sentencing.

D. For the purpose of determining the sentence pursuant to subsection C of this section, the trier of fact shall determine and the court shall consider the following aggravating circumstances, except that the court shall determine an aggravating circumstance under paragraph 11 of this subsection:

1. Infliction or threatened infliction of serious physical injury, except if this circumstance is an essential element of the offense of conviction or has been utilized to enhance the range of punishment under § 13-704.

2. Use, threatened use or possession of a deadly weapon or dangerous instrument during the commission of the crime, except if this circumstance is an essential element of the offense of conviction or has been utilized to enhance the range of punishment under § 13-704.

3. If the offense involves the taking of or damage to property, the value of the property taken or damaged.

4. Presence of an accomplice.

5. Especially heinous, cruel or depraved manner in which the offense was committed.

6. The defendant committed the offense as consideration for the receipt, or in the expectation of the receipt, of anything of pecuniary value.

7. The defendant procured the commission of the offense by payment, or promise of payment, of anything of pecuniary value.

8. At the time of the commission of the offense, the defendant was a public servant and the offense involved conduct directly related to the defendant's office or employment.

9. The victim or, if the victim has died as a result of the conduct of the defendant, the victim's immediate family suffered physical, emotional or financial harm.

10. During the course of the commission of the offense, the death of an unborn child at any stage of its development occurred.

11. The defendant was previously convicted of a felony within the ten years immediately preceding the date of the offense. A conviction outside the jurisdiction of this state for an offense that if committed in this state would be punishable as a felony is a felony conviction for the purposes of this paragraph.

12. The defendant was wearing body armor as defined in § 13-3116.

13. The victim of the offense is at least sixty-five years of age or is a disabled person as defined in § 38-492, subsection B.

14. The defendant was appointed pursuant to title 14 [FN1] as a fiduciary and the offense involved conduct directly related to the defendant's duties to the victim as fiduciary.

15. Evidence that the defendant committed the crime out of malice toward a victim because of the victim's identity in a group listed in § 41-1750, subsection A, paragraph 3 or because of the defendant's perception of the victim's identity in a group listed in § 41-1750, subsection A, paragraph 3.

16. The defendant was convicted of a violation of § 13-1102, § 13-1103, § 13-1104, subsection A, paragraph 3 or § 13-1204, subsection A, paragraph 1 or 2 arising from an act that was committed while driving a motor vehicle and the defendant's alcohol concentration at the time of committing the offense was 0.15 or more. For the purposes of this paragraph, “alcohol concentration” has the same meaning prescribed in § 28-101.

17. Lying in wait for the victim or ambushing the victim during the commission of any felony.

18. The offense was committed in the presence of a child and any of the circumstances exists that are set forth in § 13-3601, subsection A.

19. The offense was committed in retaliation for a victim either reporting criminal activity or being involved in an organization, other than a law enforcement agency, that is established for the purpose of reporting or preventing criminal activity.

20. The defendant was impersonating a peace officer as defined in § 1-215.

21. The defendant was in violation of 8 United States Code § 1323, 1324, 1325, 1326 or 1328 at the time of the commission of the offense.

22. The defendant used a remote stun gun or an authorized remote stun gun in the commission of the offense. For the purposes of this paragraph:

(a) “Authorized remote stun gun” means a remote stun gun that has all of the following:

(i) An electrical discharge that is less than one hundred thousand volts and less than nine joules of energy per pulse.

(ii) A serial or identification number on all projectiles that are discharged from the remote stun gun.

(iii) An identification and tracking system that, on deployment of remote electrodes, disperses coded material that is traceable to the purchaser through records that are kept by the manufacturer on all remote stun guns and all individual cartridges sold.

(iv) A training program that is offered by the manufacturer.

(b) “Remote stun gun” means an electronic device that emits an electrical charge and that is designed and primarily employed to incapacitate a person or animal either through contact with electrodes on the device itself or remotely through wired probes that are attached to the device or through a spark, plasma, ionization or other conductive means emitting from the device.

23. During or immediately following the commission of the offense, the defendant committed a violation of § 28-661, 28-662 or 28-663.

24. Any other factor that the state alleges is relevant to the defendant's character or background or to the nature or circumstances of the crime.

E. For the purpose of determining the sentence pursuant to subsection C of this section, the court shall consider the following mitigating circumstances:

1. The age of the defendant.

2. The defendant's capacity to appreciate the wrongfulness of the defendant's conduct or to conform the defendant's conduct to the requirements of law was significantly impaired, but not so impaired as to constitute a defense to prosecution.

3. The defendant was under unusual or substantial duress, although not to a degree that would constitute a defense to prosecution.

4. The degree of the defendant's participation in the crime was minor, although not so minor as to constitute a defense to prosecution.

5. During or immediately following the commission of the offense, the defendant complied with all duties imposed under §§ 28-661, 28-662 and 28-663.

6. Any other factor that is relevant to the defendant's character or background or to the nature or circumstances of the crime and that the court finds to be mitigating.

F. If the trier of fact finds at least one aggravating circumstance, the trial court may find by a preponderance of the evidence additional aggravating circumstances. In determining what sentence to impose, the court shall take into account the amount of aggravating circumstances and whether the amount of mitigating circumstances is sufficiently substantial to justify the lesser term. If the trier of fact finds aggravating circumstances and the court does not find any mitigating circumstances, the court shall impose an aggravated sentence.

G. The court in imposing a sentence shall consider the evidence and opinions presented by the victim or the victim's immediate family at any aggravation or mitigation proceeding or in the presentence report.

H. This section does not affect any provision of law that imposes the death penalty, that expressly provides for imprisonment for life or that authorizes or restricts the granting of probation and suspending the execution of sentence.

I. The intentional failure by the court to impose the mandatory sentences or probation conditions provided in this title is malfeasance.

J. For the purposes of this section, “trier of fact” means a jury, unless the defendant and the state waive a jury in which case the trier of fact means the court.

CREDIT(S)

Added as § 13-901 by Laws 1977, Ch. 142, § 57, eff. Oct. 1, 1978. Renumbered as § 13-701 and amended by Laws 1978, Ch. 201, §§ 104, 105, eff. Oct. 1, 1978. Amended by Laws 1988, Ch. 66, § 1; Laws 1993, Ch. 255, § 10, eff. Jan. 1, 1994; Laws 2008, Ch. 301, § 23, eff. Jan. 1, 2009; Laws 2011, Ch. 33, § 5, eff. July 1, 2012.

[FN1] Section 14-1101 et seq.

APPLICATION

<“Sec. 99. Applicability>

<“The provisions of §§ 1 through 86 and §§ 89 through 95 of this act apply only to persons who commit a felony offense after the effective date of this act.”>

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-702

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7. Sentencing and Imprisonment (Refs & Annos)

§ 13-702. First time felony offenders; sentencing; definition

A. Unless a specific sentence is otherwise provided, the term of imprisonment for a first felony offense shall be the presumptive sentence determined pursuant to subsection D of this section. Except for those felonies involving a dangerous offense or if a specific sentence is otherwise provided, the court may increase or reduce the presumptive sentence within the ranges set by subsection D of this section. Any reduction or increase shall be based on the aggravating and mitigating circumstances listed in § 13-701, subsections D and E and shall be within the ranges prescribed in subsection D of this section.

B. If a person is convicted of a felony without having previously been convicted of any felony and if at least two of the aggravating factors listed in § 13-701, subsection D apply, the court may increase the maximum term of imprisonment otherwise authorized for that offense to an aggravated term. If a person is convicted of a felony without having previously been convicted of any felony and if the court finds at least two mitigating factors listed in § 13-701, subsection E apply, the court may decrease the minimum term of imprisonment otherwise authorized for that offense to a mitigated term.

C. The aggravated or mitigated term imposed pursuant to subsection D of this section may be imposed only if at least two of the aggravating circumstances are found beyond a reasonable doubt to be true by the trier of fact or are admitted by the defendant, except that an aggravating circumstance under § 13-701, subsection D, paragraph 11 shall be found to be true by the court, or in mitigation of the crime are found to be true by the court, on any evidence or information introduced or submitted to the court or the trier of fact before sentencing or any evidence presented at trial, and factual findings and reasons in support of these findings are set forth on the record at the time of sentencing.

D. The term of imprisonment for a presumptive, minimum, maximum, mitigated or aggravated sentence shall be within the range prescribed under this subsection. The terms are as follows:

Felony

Mitigated

Minimum

Presumptive

Maximum

Aggravated

Class 2

3 years

4 years

5 years

10 years

12.5 years

Class 3

2 years

2.5 years

3.5 years

7 years

8.75 years

Class 4

1 year

1.5 years

2.5 years

3 years

3.75 years

Class 5

.5 years

.75 years

1.5 years

2 years

2.5 years

Class 6

.33 years

.5 years

1 year

1.5 years

2 years

E. The court shall inform all of the parties before sentencing occurs of its intent to increase or decrease a sentence to the aggravated or mitigated sentence pursuant this section. If the court fails to inform the parties, a party waives its right to be informed unless the party timely objects at the time of sentencing.

F. For the purposes of this section, “trier of fact” means a jury, unless the defendant and the state waive a jury in which case the trier of fact means the court.

CREDIT(S)

Added as § 13-901.01 by Laws 1977, Ch. 142, § 57, eff. Oct. 1, 1978. Renumbered as § 13-702 and amended by Laws 1978, Ch. 201, §§ 104, 106, eff. Oct. 1, 1978. Amended by Laws 1982, Ch. 325, § 2; Laws 1982, 6th S.S., Ch. 3, § 3; Laws 1983, Ch. 268, § 1; Laws 1984, Ch. 16, § 1; Laws 1984, Ch. 43, § 1; Laws 1984, Ch. 44, § 1; Laws 1984, Ch. 49, § 1; Laws 1987, Ch. 121, § 1; Laws 1991, Ch. 229, § 3, eff. Jan. 1, 1992; Laws 1993, Ch. 255, § 11, eff. Jan. 1, 1994; Laws 1996, Ch. 343, § 1; Laws 1997, Ch. 213, § 1; Laws 1998, Ch. 302, § 9, eff. Dec. 1, 1998; Laws 1999, Ch. 211, § 10; Laws 1999, Ch. 261, § 8; Laws 2000, Ch. 361, § 2; Laws 2001, Ch. 51, § 1, eff. April 4, 2001; Laws 2002, Ch. 267, § 3; Laws 2003, Ch. 225, § 1; Laws 2004, Ch. 174, § 1; Laws 2005, Ch. 20, § 1; Laws 2005, Ch. 133, § 1; Laws 2005, Ch. 166, § 1; Laws 2006, Ch. 104, § 1; Laws 2006, Ch. 148, § 1; Laws 2008, Ch. 301, § 24, eff. Jan. 1, 2009.

APPLICATION

<“Sec. 99. Applicability>

<“The provisions of §§ 1 through 86 and §§ 89 through 95 of this act apply only to persons who commit a felony offense after the effective date of this act.”>

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-702.01

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7. Sentencing and Imprisonment (Refs & Annos)

§ 13-702.01. Repealed by Laws 2008, Ch. 301, § 25, eff. January 1, 2009.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-702.02

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7. Sentencing and Imprisonment (Refs & Annos)

§ 13-702.02. Repealed by Laws 2008, Ch. 301, § 25, eff. January 1, 2009.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-703

Effective: August 2, 2012

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7. Sentencing and Imprisonment (Refs & Annos)

§ 13-703. Repetitive offenders; sentencing

A. A person shall be sentenced as a category one repetitive offender if the person is convicted of two felony offenses that were not committed on the same occasion but that either are consolidated for trial purposes or are not historical prior felony convictions.

B. A person shall be sentenced as a category two repetitive offender if the person either:

1. Is convicted of three or more felony offenses that were not committed on the same occasion but that either are consolidated for trial purposes or are not historical prior felony convictions.

2. Except as provided in § 13-704 or 13-705, is at least eighteen years of age or has been tried as an adult and stands convicted of a felony and has one historical prior felony conviction.

C. Except as provided in § 13-704 or 13-705, a person shall be sentenced as a category three repetitive offender if the person is at least eighteen years of age or has been tried as an adult and stands convicted of a felony and has two or more historical prior felony convictions.

D. The presumptive term set by this section may be aggravated or mitigated within the range under this section pursuant to § 13-701, subsections C, D and E.

E. If a person is sentenced as a category one repetitive offender pursuant to subsection A of this section and if at least two aggravating circumstances listed in § 13-701, subsection D apply or at least two mitigating circumstances listed in § 13-701, subsection E apply, the court may impose a mitigated or aggravated sentence pursuant to subsection H of this section.

F. If a person is sentenced as a category two repetitive offender pursuant to subsection B of this section and if at least two aggravating circumstances listed in § 13-701, subsection D apply or at least two mitigating circumstances listed in § 13-701, subsection E apply, the court may impose a mitigated or aggravated sentence pursuant to subsection I of this section.

G. If a person is sentenced as a category three repetitive offender pursuant to subsection C of this section and at least two aggravating circumstances listed in § 13-701, subsection D or at least two mitigating circumstances listed in § 13-701, subsection E apply, the court may impose a mitigated or aggravated sentence pursuant to subsection J of this section.

H. A category one repetitive offender shall be sentenced within the following ranges:

Felony

Mitigated

Minimum

Presumptive

Maximum

Aggravated

Class 2

3 years

4 years

5 years

10 years

12.5 years

Class 3

2 years

2.5 years

3.5 years

7 years

8.75 years

Class 4

1 year

1.5 years

2.5 years

3 years

3.75 years

Class 5

.5 years

.75 years

1.5 years

2 years

2.5 years

Class 6

.3 years

.5 years

1 year

1.5 years

1.8 years

I. A category two repetitive offender shall be sentenced within the following ranges:

Felony

Mitigated

Minimum

Presumptive

Maximum

Aggravated

Class 2

4.5 years

6 years

9.25 years

18.5 years

23 years

Class 3

3.3 years

4.5 years

6.5 years

13 years

16.25 years

Class 4

2.25 years

3 years

4.5 years

6 years

7.5 years

Class 5

1 year

1.5 years

2.25 years

3 years

3.75 years

Class 6

.75 years

1 year

1.75 years

2.25 years

2.75 years

J. A category three repetitive offender shall be sentenced within the following ranges:

Felony

Mitigated

Minimum

Presumptive

Maximum

Aggravated

Class 2

10.5 years

14 years

15.75 years

28 years

35 years

Class 3

7.5 years

10 years

11.25 years

20 years

25 years

Class 4

6 years

8 years

10 years

12 years

15 years

Class 5

3 years

4 years

5 years

6 years

7.5 years

Class 6

2.25 years

3 years

3.75 years

4.5 years

5.75 years

K. The aggravated or mitigated term imposed pursuant to subsection H, I or J of this section may be imposed only if at least two of the aggravating circumstances are found beyond a reasonable doubt to be true by the trier of fact or are admitted by the defendant, except that an aggravating circumstance under § 13-701, subsection D, paragraph 11 shall be found to be true by the court, or in mitigation of the crime are found to be true by the court, on any evidence or information introduced or submitted to the court or the trier of fact before sentencing or any evidence presented at trial, and factual findings and reasons in support of these findings are set forth on the record at the time of sentencing.

L. Convictions for two or more offenses committed on the same occasion shall be counted as only one conviction for the purposes of subsection B, paragraph 2 and subsection C of this section.

M. For the purposes of subsection B, paragraph 2 and subsection C of this section, a person who has been convicted in any court outside the jurisdiction of this state of an offense that was punishable by that jurisdiction as a felony is subject to this section. A person who has been convicted as an adult of an offense punishable as a felony under the provisions of any prior code in this state or the jurisdiction in which the offense was committed is subject to this section. A person who has been convicted of a felony weapons possession violation in any court outside the jurisdiction of this state that would not be punishable as a felony under the laws of this state is not subject to this section.

N. The penalties prescribed by this section shall be substituted for the penalties otherwise authorized by law if an allegation of prior conviction is charged in the indictment or information and admitted or found by the court. The release provisions prescribed by this section shall not be substituted for any penalties required by the substantive offense or a provision of law that specifies a later release or completion of the sentence imposed before release. The court shall allow the allegation of a prior conviction at any time before the date the case is actually tried unless the allegation is filed fewer than twenty days before the case is actually tried and the court finds on the record that the person was in fact prejudiced by the untimely filing and states the reasons for these findings. If the allegation of a prior conviction is filed, the state must make available to the person a copy of any material or information obtained concerning the prior conviction. The charge of previous conviction shall not be read to the jury. For the purposes of this subsection, “substantive offense” means the felony offense that the trier of fact found beyond a reasonable doubt the person committed. Substantive offense does not include allegations that, if proven, would enhance the sentence of imprisonment or fine to which the person otherwise would be subject.

O. A person who is sentenced pursuant to this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis, except as specifically authorized by § 31-233, subsection A or B, until the sentence imposed by the court has been served, the person is eligible for release pursuant to § 41-1604.07 or the sentence is commuted.

P. The court shall inform all of the parties before sentencing occurs of its intent to impose an aggravated or mitigated sentence pursuant to subsection H, I or J of this section. If the court fails to inform the parties, a party waives its right to be informed unless the party timely objects at the time of sentencing.

Q. The court in imposing a sentence shall consider the evidence and opinions presented by the victim or the victim's immediate family at any aggravation or mitigation proceeding or in the presentence report.

CREDIT(S)

Added by Laws 2008, Ch. 301, § 28, eff. Jan. 1, 2009. Amended by Laws 2010, Ch. 194, § 2; Laws 2012, Ch. 96, § 2; Laws 2012, Ch. 190, § 2.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-703.01

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7. Sentencing and Imprisonment (Refs & Annos)

§ 13-703.01. Renumbered as § 13-752.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-703.02

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7. Sentencing and Imprisonment (Refs & Annos)

§ 13-703.02. Renumbered as § 13-753.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-703.03

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7. Sentencing and Imprisonment (Refs & Annos)

§ 13-703.03. Renumbered as § 13-754

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-703.04

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7. Sentencing and Imprisonment (Refs & Annos)

§ 13-703.04. Renumbered as § 13-755.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-703.05

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7. Sentencing and Imprisonment (Refs & Annos)

§ 13-703.05. Renumbered as § 13-756.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-704

Effective: August 2, 2012

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7. Sentencing and Imprisonment (Refs & Annos)

§ 13-704. Dangerous offenders; sentencing

A. Except as provided in § 13-705, a person who is at least eighteen years of age or who has been tried as an adult and who stands convicted of a felony that is a dangerous offense shall be sentenced to a term of imprisonment as follows:

Felony

Minimum

Presumptive

Maximum

Class 2

7 years

10.5 years

21 years

Class 3

5 years

7.5 years

15 years

Class 4

4 years

6 years

8 years

Class 5

2 years

3 years

4 years

Class 6

1.5 years

2.25 years

3 years

B. Except as provided in § 13-705, a person who is convicted of a class 4, 5 or 6 felony that is a dangerous offense and who has one historical prior felony conviction involving a dangerous offense shall be sentenced to a term of imprisonment as follows:

Felony

Minimum

Presumptive

Maximum

Class 4

8 years

10 years

12 years

Class 5

4 years

5 years

6 years

Class 6

3 years

3.75 years

4.5 years

C. Except as provided in § 13-705 or § 13-706, subsection A, a person who is convicted of a class 4, 5 or 6 felony that is a dangerous offense and who has two or more historical prior felony convictions involving dangerous offenses shall be sentenced to a term of imprisonment as follows:

Felony

Minimum

Presumptive

Maximum

Class 4

12 years

14 years

16 years

Class 5

6 years

7 years

8 years

Class 6

4.5 years

5.25 years

6 years

D. Except as provided in § 13-705 or § 13-706, subsection A, a person who is convicted of a class 2 or 3 felony involving a dangerous offense and who has one historical prior felony conviction that is a class 1, 2 or 3 felony involving a dangerous offense shall be sentenced to a term of imprisonment as follows:

Felony

Minimum

Presumptive

Maximum

Class 2

14 years

15.75 years

28 years

Class 3

10 years

11.25 years

20 years

E. Except as provided in § 13-705 or § 13-706, subsection A, a person who is convicted of a class 2 or 3 felony involving a dangerous offense and who has two or more historical prior felony convictions that are class 1, 2 or 3 felonies involving dangerous offenses shall be sentenced to a term of imprisonment as follows:

Felony

Minimum

Presumptive

Maximum

Class 2

21 years

28 years

35 years

Class 3

15 years

20 years

25 years

F. A person who is convicted of two or more felony offenses that are dangerous offenses and that were not committed on the same occasion but that are consolidated for trial purposes or that are not historical prior felony convictions shall be sentenced, for the second or subsequent offense, pursuant to this subsection. For a person sentenced pursuant to this subsection, the minimum term prescribed shall be the presumptive term. If the court increases or decreases a sentence pursuant to this subsection, the court shall state on the record the reasons for the increase or decrease. The court shall inform all of the parties before the sentencing occurs of its intent to increase or decrease a sentence pursuant to this subsection. If the court fails to inform the parties, a party waives its right to be informed unless the party timely objects at the time of sentencing. The terms are as follows:

1. For the second dangerous offense:

Felony

Minimum

Maximum

Increased Maximum

Class 2

10.5 years

21 years

26.25 years

Class 3

7.5 years

15 years

18.75 years

Class 4

6 years

8 years

10 years

Class 5

3 years

4 years

5 years

Class 6

2.25 years

3 years

3.75 years

2. For any dangerous offense subsequent to the second dangerous felony offense:

Felony

Minimum

Maximum

Increased Maximum

Class 2

15.75 years

28 years

35 years

Class 3

11.25 years

20 years

25 years

Class 4

10 years

12 years

15 years

Class 5

5 years

6 years

7.5 years

Class 6

3.75 years

4.5 years

5.6 years

G. A person who is sentenced pursuant to subsection A, B, C, D, E or F of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis, except as specifically authorized by § 31-233, subsection A or B, until the sentence imposed by the court has been served, the person is eligible for release pursuant to § 41-1604.07 or the sentence is commuted.

H. The presumptive term authorized by this section may be mitigated or aggravated pursuant to the terms of § 13-701, subsections C, D and E.

I. For the purposes of determining the applicability of the penalties provided in subsection A, D or E of this section for second or subsequent class 2 or 3 felonies, the conviction for any felony committed before October 1, 1978 that, if committed after October 1, 1978, could be a dangerous offense under subsection A, D or E of this section may be designated by the state as a prior felony.

J. Convictions for two or more offenses committed on the same occasion shall be counted as only one conviction for the purposes of subsection A, B, C, D or E of this section.

K. A person who has been convicted in any court outside the jurisdiction of this state of an offense that was punishable by that jurisdiction as a felony is subject to subsection A, B, C, D or E of this section. A person who has been convicted of an offense punishable as a felony under the provisions of any prior code in this state or the jurisdiction in which the offense was committed is subject to subsection A, B, C, D or E of this section. A person who has been convicted of a felony weapons possession violation in any court outside the jurisdiction of this state that would not be punishable as a felony under the laws of this state is not subject to this section.

L. The penalties prescribed by this section shall be substituted for the penalties otherwise authorized by law if an allegation of prior conviction is charged in the indictment or information and admitted or found by the court or if an allegation of dangerous offense is charged in the indictment or information and admitted or found by the trier of fact. The release provisions prescribed by this section shall not be substituted for any penalties required by the substantive offense or provision of law that specifies a later release or completion of the sentence imposed before release. The court shall allow the allegation of a prior conviction or the allegation of a dangerous offense at any time before the date the case is actually tried unless the allegation is filed fewer than twenty days before the case is actually tried and the court finds on the record that the defendant was in fact prejudiced by the untimely filing and states the reasons for these findings. If the allegation of a prior conviction is filed, the state must make available to the defendant a copy of any material or information obtained concerning the prior conviction. The charge of prior conviction shall not be read to the jury. For the purposes of this subsection, “substantive offense” means the felony that the trier of fact found beyond a reasonable doubt the defendant committed. Substantive offense does not include allegations that, if proven, would enhance the sentence of imprisonment or fine to which the defendant otherwise would be subject.

M. Except as provided in § 13-705 or 13-751, if the victim is an unborn child in the womb at any stage of its development, the defendant shall be sentenced pursuant to this section.

CREDIT(S)

Added by Laws 2008, Ch. 301, § 28, eff. Jan. 1, 2009. Amended by Laws 2009, Ch. 82, § 4, eff. July 10, 2009; Laws 2012, Ch. 190, § 3.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-705

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7. Sentencing and Imprisonment (Refs & Annos)

§ 13-705. Dangerous crimes against children; sentences; definitions

A. A person who is at least eighteen years of age and who is convicted of a dangerous crime against children in the first degree involving sexual assault of a minor who is twelve years of age or younger or sexual conduct with a minor who is twelve years of age or younger shall be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by § 31-233, subsection A or B until the person has served thirty-five years or the sentence is commuted. This subsection does not apply to masturbatory contact.

B. Except as otherwise provided in this section, a person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a dangerous crime against children in the first degree involving attempted first degree murder of a minor who is under twelve years of age, second degree murder of a minor who is under twelve years of age, sexual assault of a minor who is under twelve years of age, sexual conduct with a minor who is under twelve years of age or manufacturing methamphetamine under circumstances that cause physical injury to a minor who is under twelve years of age may be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by § 31-233, subsection A or B until the person has served thirty-five years or the sentence is commuted. If a life sentence is not imposed pursuant to this subsection, the person shall be sentenced to a term of imprisonment as follows:

Minimum

Presumptive

Maximum

13 years

20 years

27 years

C. Except as otherwise provided in this section, a person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a dangerous crime against children in the first degree involving attempted first degree murder of a minor who is twelve, thirteen or fourteen years of age, second degree murder of a minor who is twelve, thirteen or fourteen years of age, sexual assault of a minor who is twelve, thirteen or fourteen years of age, taking a child for the purpose of prostitution, child prostitution, sexual conduct with a minor who is twelve, thirteen or fourteen years of age, continuous sexual abuse of a child, sex trafficking of a minor who is under fifteen years of age or manufacturing methamphetamine under circumstances that cause physical injury to a minor who is twelve, thirteen or fourteen years of age or involving or using minors in drug offenses shall be sentenced to a term of imprisonment as follows:

Minimum

Presumptive

Maximum

13 years

20 years

27 years

A person who has been previously convicted of one predicate felony shall be sentenced to a term of imprisonment as follows:

Minimum

Presumptive

Maximum

23 years

30 years

37 years

D. Except as otherwise provided in this section, a person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a dangerous crime against children in the first degree involving aggravated assault, molestation of a child, commercial sexual exploitation of a minor, sexual exploitation of a minor, aggravated luring a minor for sexual exploitation, child abuse or kidnapping shall be sentenced to a term of imprisonment as follows:

Minimum

Presumptive

Maximum

10 years

17 years

24 years

A person who has been previously convicted of one predicate felony shall be sentenced to a term of imprisonment as follows:

Minimum

Presumptive

Maximum

21 years

28 years

35 years

E. Except as otherwise provided in this section, if a person is at least eighteen years of age or has been tried as an adult and is convicted of a dangerous crime against children involving luring a minor for sexual exploitation or unlawful age misrepresentation and is sentenced to a term of imprisonment, the term of imprisonment is as follows and the person is not eligible for release from confinement on any basis except as specifically authorized by § 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to § 41-1604.07 or the sentence is commuted:

Minimum

Presumptive

Maximum

5 years

10 years

15 years

A person who has been previously convicted of one predicate felony shall be sentenced to a term of imprisonment as follows and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by § 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to § 41-1604.07 or the sentence is commuted:

Minimum

Presumptive

Maximum

8 years

15 years

22 years

F. Except as otherwise provided in this section, if a person is at least eighteen years of age or has been tried as an adult and is convicted of a dangerous crime against children involving sexual abuse or bestiality under § 13-1411, subsection A, paragraph 2 and is sentenced to a term of imprisonment, the term of imprisonment is as follows and the person is not eligible for release from confinement on any basis except as specifically authorized by § 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to § 41-1604.07 or the sentence is commuted:

Minimum

Presumptive

Maximum

2.5 years

5 years

7.5 years

Minimum

Presumptive

Maximum

8 years

15 years

22 years

G. The presumptive sentences prescribed in subsections B, C and D of this section or subsections E and F of this section if the person has previously been convicted of a predicate felony may be increased or decreased pursuant to § 13-701, subsections C, D and E.

H. Except as provided in subsection F of this section, a person who is sentenced for a dangerous crime against children in the first degree pursuant to this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by § 31-233, subsection A or B until the sentence imposed by the court has been served or commuted.

I. A person who is convicted of any dangerous crime against children in the first degree pursuant to subsection C or D of this section and who has been previously convicted of two or more predicate felonies shall be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by § 31-233, subsection A or B until the person has served not fewer than thirty-five years or the sentence is commuted.

J. Notwithstanding chapter 10 of this title, a person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a dangerous crime against children in the second degree pursuant to subsection B, C or D of this section is guilty of a class 3 felony and if the person is sentenced to a term of imprisonment, the term of imprisonment is as follows and the person is not eligible for release from confinement on any basis except as specifically authorized by § 31-233, subsection A or B until the person has served the sentence imposed by the court, the person is eligible for release pursuant to § 41-1604.07 or the sentence is commuted:

Minimum

Presumptive

Maximum

5 years

10 years

15 years

K. A person who is convicted of any dangerous crime against children in the second degree and who has been previously convicted of one or more predicate felonies is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by § 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to § 41-1604.07 or the sentence is commuted.

L. Section 13-704, subsection J and § 13-707, subsection B apply to the determination of prior convictions.

M. The sentence imposed on a person by the court for a dangerous crime against children under subsection D of this section involving child molestation or sexual abuse pursuant to subsection F of this section may be served concurrently with other sentences if the offense involved only one victim. The sentence imposed on a person for any other dangerous crime against children in the first or second degree shall be consecutive to any other sentence imposed on the person at any time, including child molestation and sexual abuse of the same victim.

N. In this section, for purposes of punishment an unborn child shall be treated like a minor who is under twelve years of age.

O. A dangerous crime against children is in the first degree if it is a completed offense and is in the second degree if it is a preparatory offense, except attempted first degree murder is a dangerous crime against children in the first degree.

P. For the purposes of this section:

1. “Dangerous crime against children” means any of the following that is committed against a minor who is under fifteen years of age:

(a) Second degree murder.

(b) Aggravated assault resulting in serious physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.

(d) Molestation of a child.

(e) Sexual conduct with a minor.

(f) Commercial sexual exploitation of a minor.

(g) Sexual exploitation of a minor.

(h) Child abuse as prescribed in § 13-3623, subsection A, paragraph 1.

(i) Kidnapping.

(j) Sexual abuse.

(k) Taking a child for the purpose of prostitution as prescribed in § 13-3206.

(l) Child prostitution as prescribed in § 13-3212.

(m) Involving or using minors in drug offenses.

(n) Continuous sexual abuse of a child.

(o) Attempted first degree murder.

(p) Sex trafficking.

(q) Manufacturing methamphetamine under circumstances that cause physical injury to a minor.

(r) Bestiality as prescribed in § 13-1411, subsection A, paragraph 2.

(s) Luring a minor for sexual exploitation.

(t) Aggravated luring a minor for sexual exploitation.

(u) Unlawful age misrepresentation.

2. “Predicate felony” means any felony involving child abuse pursuant to § 13-3623, subsection A, paragraph 1, a sexual offense, conduct involving the intentional or knowing infliction of serious physical injury or the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument, or a dangerous crime against children in the first or second degree.

CREDIT(S)

Added as § 13-604.01 by Laws 1985, Ch. 364, § 6, eff. May 16, 1985. Amended by Laws 1987, Ch. 166, § 1; Laws 1987, Ch. 307, § 4; Laws 1993, Ch. 33, § 1; Laws 1993, Ch. 255, § 8, eff. Jan. 1, 1994; Laws 1994, Ch. 236, § 2; Laws 1997, Ch. 179, § 1; Laws 1998, Ch. 281, § 1; Laws 1999, Ch. 261, § 6; Laws 2000, Ch. 50, § 1; Laws 2001, Ch. 334, § 7; Laws 2005, Ch. 2, § 1; Laws 2005, Ch. 188, § 2; Laws 2005, Ch. 282, § 1; Laws 2005, Ch. 327, § 2; Laws 2006, Ch. 295, § 2; Laws 2007, Ch. 248, § 2, eff. June 13, 2007; Laws 2008, Ch. 97, § 1; Laws 2008, Ch. 195, § 1; Laws 2008, Ch. 219, § 1. Renumbered as § 13-705 and amended by Laws 2008, Ch. 301, §§17, 29, eff. Jan. 1, 2009.

APPLICATION

<“Sec. 99. Applicability>

<“The provisions of §§ 1 through 86 and §§ 89 through 95 of this act apply only to persons who commit a felony offense after the effective date of this act.”>

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-706

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7. Sentencing and Imprisonment (Refs & Annos)

§ 13-706. Serious, violent or aggravated offenders; sentencing; life imprisonment; definitions

A. A person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a serious offense except a drug offense, first degree murder or any dangerous crime against children as defined in § 13-705, whether a completed or preparatory offense, and who has previously been convicted of two or more serious offenses not committed on the same occasion shall be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis, except as specifically authorized by § 31-233, subsection A or B, until the person has served at least twenty-five years or the sentence is commuted.

B. Unless a longer term of imprisonment or death is the prescribed penalty and notwithstanding any provision that establishes a shorter term of imprisonment, a person who has been convicted of committing or attempting or conspiring to commit any violent or aggravated felony and who has previously been convicted on separate occasions of two or more violent or aggravated felonies not committed on the same occasion shall be sentenced to imprisonment for life and is not eligible for suspension of sentence, probation, pardon or release on any basis except that the person may be eligible for commutation after the person has served at least thirty-five years.

C. In order for the penalty under subsection B of this section to apply, both of the following must occur:

1. The aggravated or violent felonies that comprise the prior convictions shall have been entered within fifteen years of the conviction for the third offense, not including time spent in custody or on probation for an offense or while the person is an absconder.

2. The sentence for the first aggravated or violent felony conviction shall have been imposed before the conduct occurred that gave rise to the second conviction, and the sentence for the second aggravated or violent felony conviction shall have been imposed before the conduct occurred that gave rise to the third conviction.

D. Chapter 3 of this title applies to all offenses under this section.

E. For the purposes of this section, if a person has been convicted of an offense committed in another jurisdiction that if committed in this state would be a violation or attempted violation of any of the offenses listed in this section and that has the same elements of an offense listed in this section, the offense committed in another jurisdiction is considered an offense committed in this state.

F. For the purposes of this section:

1. “Serious offense” means any of the following offenses if committed in this state or any offense committed outside this state that if committed in this state would constitute one of the following offenses:

(a) First degree murder.

(b) Second degree murder.

(d) Aggravated assault resulting in serious physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.

(e) Sexual assault.

(f) Any dangerous crime against children.

(g) Arson of an occupied structure.

(h) Armed robbery.

(i) Burglary in the first degree.

(j) Kidnapping.

(k) Sexual conduct with a minor under fifteen years of age.

(l) Child prostitution.

2. “Violent or aggravated felony” means any of the following offenses:

(a) First degree murder.

(b) Second degree murder.

(c) Aggravated assault resulting in serious physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.

(d) Dangerous or deadly assault by prisoner.

(e) Committing assault with intent to incite to riot or participate in riot.

(f) Drive by shooting.

(g) Discharging a firearm at a residential structure if the structure is occupied.

(h) Kidnapping.

(i) Sexual conduct with a minor that is a class 2 felony.

(j) Sexual assault.

(k) Molestation of a child.

(l) Continuous sexual abuse of a child.

(m) Violent sexual assault.

(n) Burglary in the first degree committed in a residential structure if the structure is occupied.

(o) Arson of an occupied structure.

(p) Arson of an occupied jail or prison facility.

(q) Armed robbery.

(r) Participating in or assisting a criminal syndicate or leading or participating in a criminal street gang.

(s) Terrorism.

(t) Taking a child for the purpose of prostitution.

(u) Child prostitution.

(v) Commercial sexual exploitation of a minor.

(w) Sexual exploitation of a minor.

(x) Unlawful introduction of disease or parasite as prescribed by § 13-2912, subsection A, paragraph 2 or 3.

CREDIT(S)

Added as § 13-713 by Laws 2006, Ch. 177, § 2. Renumbered as § 13-706 and amended by Laws 2008, Ch. 301, §§ 27, 30, eff. Jan. 1, 2009.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-707

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7. Sentencing and Imprisonment (Refs & Annos)

§ 13-707. Misdemeanors; sentencing

A. A sentence of imprisonment for a misdemeanor shall be for a definite term to be served other than a place within custody of the state department of corrections. The court shall fix the term of imprisonment within the following maximum limitations:

1. For a class 1 misdemeanor, six months.

2. For a class 2 misdemeanor, four months.

3. For a class 3 misdemeanor, thirty days.

B. A person who is at least eighteen years of age or who has been tried as an adult and who stands convicted of any misdemeanor or petty offense, other than a traffic offense, and who has been convicted of one or more of the same misdemeanors or petty offenses within two years next preceding the date of the present offense shall be sentenced for the next higher class of offense than that for which the person currently is convicted. Time spent incarcerated within the two years next preceding the date of the offense for which a person is currently being sentenced shall not be included in the two years required to be free of convictions.

C. If a person is convicted of a misdemeanor offense and the offense requires enhanced punishment because it is a second or subsequent offense, the court shall determine the existence of the previous conviction. The court shall allow the allegation of a prior conviction to be made in the same manner as the allegation prescribed by § 28-1387, subsection A.

D. A person who has been convicted in any court outside the jurisdiction of this state of an offense that if committed in this state would be punishable as a misdemeanor or petty offense is subject to this section. A person who has been convicted as an adult of an offense punishable as a misdemeanor or petty offense under the provisions of any prior code in this state is subject to this section.

E. The court may direct that a person who is sentenced pursuant to subsection A of this section shall not be released on any basis until the sentence imposed by the court has been served.

CREDIT(S)

Added as § 13-903 by Laws 1977, Ch. 142, § 57, eff. Oct. 1, 1978. Renumbered as § 13-707 and amended by Laws 1978, Ch. 201, §§ 104, 107, eff. Oct. 1, 1978. Amended by Laws 1987, Ch. 114, § 1; Laws 2008, Ch. 301, § 31, eff. Jan. 1, 2009.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-707.01

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7. Sentencing and Imprisonment (Refs & Annos)

§ 13-707.01. Repealed by Laws 1977, Ch. 142, § 23, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-708

Effective: August 2, 2012

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7. Sentencing and Imprisonment (Refs & Annos)

§ 13-708. Offenses committed while released from confinement

A. A person who is convicted of any felony involving a dangerous offense that is committed while the person is on probation for a conviction of a felony offense or parole, work furlough, community supervision or any other release or has escaped from confinement for conviction of a felony offense shall be sentenced to imprisonment for not less than the presumptive sentence authorized under this chapter and is not eligible for suspension or commutation or release on any basis until the sentence imposed is served.

B. A person who is convicted of a dangerous offense that is committed while the person is on release or has escaped from confinement for a conviction of a serious offense as defined in § 13-706, an offense resulting in serious physical injury or an offense involving the use or exhibition of a deadly weapon or dangerous instrument shall be sentenced to the maximum sentence authorized under this chapter and is not eligible for suspension or commutation or release on any basis until the sentence imposed is served. If the court finds that at least two substantial aggravating circumstances listed in § 13-701, subsection D apply, the court may increase the maximum sentence authorized under this chapter by up to twenty-five per cent. A sentence imposed pursuant to this subsection shall revoke the convicted person's release if the person was on release and shall be consecutive to any other sentence from which the convicted person had been temporarily released or had escaped, unless the sentence from which the convicted person had been paroled or placed on probation was imposed by a jurisdiction other than this state.

C. A person who is convicted of any felony offense that is not included in subsection A or B of this section and that is committed while the person is on probation for a conviction of a felony offense or parole, work furlough, community supervision or any other release or escape from confinement for conviction of a felony offense shall be sentenced to a term of not less than the presumptive sentence authorized for the offense and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by § 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to § 41-1604.07 or the sentence is commuted. The release provisions prescribed by this section shall not be substituted for any penalties required by the substantive offense or provision of law that specifies a later release or completion of the sentence imposed before release. A sentence imposed pursuant to this subsection shall revoke the convicted person's release if the person was on release and shall be consecutive to any other sentence from which the convicted person had been temporarily released or had escaped, unless the sentence from which the convicted person had been paroled or placed on probation was imposed by a jurisdiction other than this state. For the purposes of this subsection, “substantive offense” means the felony, misdemeanor or petty offense that the trier of fact found beyond a reasonable doubt the defendant committed. Substantive offense does not include allegations that, if proven, would enhance the sentence of imprisonment or fine to which the defendant would otherwise be subject.

D. A person who is convicted of committing any felony offense that is committed while the person is released on bond or on the person's own recognizance on a separate felony offense or while the person is escaped from preconviction custody for a separate felony offense shall be sentenced to a term of imprisonment two years longer than would otherwise be imposed for the felony offense committed while on release. The additional sentence imposed under this subsection is in addition to any enhanced punishment that may be applicable under § 13-703, § 13-704, § 13-1204, subsection C or § 13-714. The person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis, except as specifically authorized by § 31-233, subsection A or B, until the two years are served, the person is eligible for release pursuant to § 41-1604.07 or the sentence is commuted. The penalties prescribed by this subsection shall be substituted for the penalties otherwise authorized by law if the allegation that the person committed a felony while released on bond or on the person's own recognizance or while escaped from preconviction custody is charged in the indictment or information and admitted or found by the court. The release provisions prescribed by this subsection shall not be substituted for any penalties required by the substantive offense or provision of law that specifies a later release or completion of the sentence imposed before release. The court shall allow the allegation that the person committed a felony while released on bond or on the person's own recognizance on a separate felony offense or while escaped from preconviction custody on a separate felony offense at any time before the case is actually tried unless the allegation is filed fewer than twenty days before the case is actually tried and the court finds on the record that the person was in fact prejudiced by the untimely filing and states the reasons for these findings. The allegation that the person committed a felony while released on bond or on the person's own recognizance or while escaped from preconviction custody shall not be read to the jury. For the purposes of this subsection, “substantive offense” means the felony offense that the trier of fact found beyond a reasonable doubt the person committed. Substantive offense does not include allegations that, if proven, would enhance the sentence of imprisonment or fine to which the person otherwise would be subject.

CREDIT(S)

Added as § 13-604.01 by Laws 1982, Ch. 322, § 2. Amended by Laws 1983, Ch. 32, § 1; Laws 1984, Ch. 163, § 1; Laws 1985, Ch. 227, § 1. Renumbered as § 13-604.02 by Laws 1985, Ch. 364, § 5, eff. May 16, 1985. Amended by Laws 1987, Ch. 307, § 5; Laws 1993, Ch. 255, § 9, eff. Jan. 1, 1994; Laws 1994, Ch. 236, § 3; Laws 1997, Ch. 34, § 2, eff. April 4, 1997; Laws 1999, Ch. 261, § 7. Renumbered as § 13-708 and amended by Laws 2008, Ch. 301, §§ 17, 32, eff. Jan. 1, 2009; Laws 2009, Ch. 82, § 5, eff. July 10, 2009. Amended by Laws 2011, Ch. 90, § 2; Laws 2012, Ch. 96, § 3.

APPLICATION

<“Sec. 99. Applicability>

<“The provisions of §§ 1 through 86 and §§ 89 through 95 of this act apply only to persons who commit a felony offense after the effective date of this act.”>

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-709

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7. Sentencing and Imprisonment (Refs & Annos)

§ 13-709. Offenses committed in school safety zone; sentences; definitions

A. Except as otherwise prescribed in § 13-3411, a person who is convicted of a felony offense that is committed in a school safety zone is guilty of the same class of felony that the person would otherwise be guilty of if the violation had not occurred within a school safety zone, except that the court may impose a sentence that is one year longer than the minimum, maximum and presumptive sentence for that violation if the person is not a criminal street gang member or up to five years longer than the minimum, maximum and presumptive sentence for that violation if the person is a criminal street gang member. The additional sentence imposed under this subsection is in addition to any other enhanced punishment that may be applicable under § 13-703, § 13-704, § 13-706, § 13-708, subsection D or chapter 34 of this title.

B. In addition to any other penalty prescribed by this title, the court may order a person who is subject to subsection A of this section to pay a fine of not less than two thousand dollars and not more than the maximum authorized by chapter 8 of this title.

C. Each school district governing board or its designee, or chief administrative officer in the case of a nonpublic or charter school, may place and maintain permanently affixed signs that are located in a visible manner at the main entrance of each school and that identify the school and its accompanying grounds as a school safety zone. A school may include information regarding the school safety zone boundaries on a sign that identifies the area as a drug free zone and not post separate school safety zone signs.

D. For the purposes of this section:

1. “School” means any public or nonpublic kindergarten program, common school or high school.

2. “School safety zone” means any of the following:

(a) The area within three hundred feet of a school or its accompanying grounds.

(b) Any public property within one thousand feet of a school or its accompanying grounds.

(d) A bus contracted to transport pupils to any school during the time when the contracted vehicle is transporting pupils on behalf of the school.

(e) A school bus stop.

(f) Any bus stop where school children are awaiting, boarding or exiting a bus contracted to transport pupils to any school.

CREDIT(S)

Added as § 13-609 by Laws 1998, Ch. 289, § 4. Amended by Laws 2007, Ch. 287, § 2. Renumbered as § 13-709 and amended by Laws 2008, Ch. 301, §§ 21, 33, eff. Jan. 1, 2009.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-709.01

Effective: July 20, 2011

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7. Sentencing and Imprisonment (Refs & Annos)

§ 13-709.01. Repealed by Laws 2011, Ch. 90, § 3.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-709.02

Effective: August 2, 2012

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7. Sentencing and Imprisonment (Refs & Annos)

§ 13-709.02. Renumbered as § 13-714

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-709.03

Effective: July 20, 2011

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7. Sentencing and Imprisonment (Refs & Annos)

§§ 13-709.03 to 13-709.05. Repealed by Laws 2011, Ch. 90, § 3.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-709.04

Effective: July 20, 2011

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7. Sentencing and Imprisonment (Refs & Annos)

§§ 13-709.03 to 13-709.05. Repealed by Laws 2011, Ch. 90, § 3.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-709.05

Effective: July 20, 2011

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7. Sentencing and Imprisonment (Refs & Annos)

§§ 13-709.03 to 13-709.05. Repealed by Laws 2011, Ch. 90, § 3.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-709.06

Effective: August 2, 2012

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7. Sentencing and Imprisonment (Refs & Annos)

§ 13-709.06. Renumbered as § 13-715

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-710

Effective: August 2, 2012

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7. Sentencing and Imprisonment (Refs & Annos)

§ 13-710. Sentence for second degree murder

A. Except as provided in § 13-705 or § 13-706, subsection A, a person who is convicted of second degree murder as defined by § 13-1104 shall be sentenced as follows:

Minimum

Presumptive

Maximum

10 calendar years

16 calendar years

25 calendar years

B. Except as provided in § 13-704 or § 13-706, subsection A, a person who is convicted of second degree murder as defined by § 13-1104 and who has previously been convicted of second degree murder or a class 2 or 3 felony involving a dangerous offense shall be sentenced as follows:

Minimum

Presumptive

Maximum

15 calendar years

20 calendar years

29 calendar years

C. The presumptive term imposed pursuant to subsections A and B of this section may be mitigated or aggravated pursuant to § 13-701, subsections D and E.

CREDIT(S)

Added by Laws 1984, Ch. 44, § 2. Amended by Laws 1985, Ch. 364, § 10, eff. May 16, 1985; Laws 1987, Ch. 168, § 1; Laws 1993, Ch. 255, § 13, eff. Jan. 1, 1994; Laws 1994, Ch. 236, § 5; Laws 2008, Ch. 301, § 35, eff. Jan. 1, 2009; Laws 2009, Ch. 82, § 7, eff. July 10, 2009; Laws 2012, Ch. 96, § 4; Laws 2012, Ch. 207, § 1.

APPLICATION

<“Sec. 99. Applicability>

<“The provisions of §§ 1 through 86 and §§ 89 through 95 of this act apply only to persons who commit a felony offense after the effective date of this act.”>

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-711

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7. Sentencing and Imprisonment (Refs & Annos)

§ 13-711. Consecutive terms of imprisonment

A. Except as otherwise provided by law, if multiple sentences of imprisonment are imposed on a person at the same time, the sentence or sentences imposed by the court shall run consecutively unless the court expressly directs otherwise, in which case the court shall set forth on the record the reason for its sentence.

B. Notwithstanding subsection A, if a person is subject to an undischarged term of imprisonment and is sentenced to an additional term of imprisonment for a felony offense that is committed while the person is under the jurisdiction of the state department of corrections, the sentence imposed by the court shall run consecutively to the undischarged term of imprisonment.

CREDIT(S)

Added as § 13-904 by Laws 1977, Ch. 142, § 57, eff. Oct. 1, 1978. Renumbered as § 13-708 and amended by Laws 1978, Ch. 201, §§ 104, 108, eff. Oct. 1, 1978. Amended by Laws 1985, Ch. 364, § 9, eff. May 16, 1985; Laws 1986, Ch. 300, § 1; Laws 2007, Ch. 20, § 1. Renumbered as § 13-711 by Laws 2008, Ch. 301, § 27, eff. Jan. 1, 2009.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-712

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7. Sentencing and Imprisonment (Refs & Annos)

§ 13-712. Calculation of terms of imprisonment

A. A sentence of imprisonment commences when sentence is imposed if the defendant is in custody or surrenders into custody at that time. Otherwise it commences when the defendant becomes actually in custody.

B. All time actually spent in custody pursuant to an offense until the prisoner is sentenced to imprisonment for such offense shall be credited against the term of imprisonment otherwise provided for by this chapter.

C. If a sentence of imprisonment is vacated and a new sentence is imposed on the defendant for the same offense, the new sentence is calculated as if it had commenced at the time the vacated sentence was imposed, and all time served under the vacated sentence shall be credited against the new sentence.

D. If a person serving a sentence of imprisonment escapes from custody, the escape interrupts the sentence. The interruption continues until the person is apprehended and confined for the escape or is confined and subject to a detainer for the escape. Time spent in actual custody prior to return under this subsection shall be credited against the term authorized by law if custody rested on an arrest or surrender for the escape itself, or if the custody arose from an arrest on another charge which culminated in a dismissal or an acquittal, and the person was denied admission to bail pending disposition of that charge because of a warrant lodged against such person arising from the escape.

E. The sentencing court shall include the time of commencement of sentence under subsection A and the computation of time credited against sentence under subsection B, C or D, in the original or an amended commitment order, under procedures established by rule of court.

CREDIT(S)

Added as § 13-905 by Laws 1977, Ch. 142, § 57, eff. Oct. 1, 1978. Renumbered as § 13-709 by Laws 1978, Ch. 201, § 104, eff. Oct. 1, 1978. Renumbered as § 13-712 by Laws 2008, Ch. 301, § 27, eff. Jan. 1, 2009.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-713

Effective: July 20, 2011

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7. Sentencing and Imprisonment (Refs & Annos)

§ 13-713. Forfeiture of public retirement system benefits; definition

A. Notwithstanding any other law, if a member of a state retirement system or plan is convicted of or pleads no contest to an offense that is a class 1, 2, 3, 4 or 5 felony and that was committed in the course of the member's employment as a public official or for a public employer, the court shall order the person's membership terminated and the person shall forfeit all rights and benefits earned under the state retirement system or plan. A member who forfeits all rights and benefits earned pursuant to this section is entitled to receive, in a lump sum amount, the member's contribution to the state retirement system or plan plus interest as determined by the board of that state retirement system or plan, less any benefits received by the member.

B. An order forfeiting a member's benefits on conviction of an offense listed in subsection A shall not be stayed on the filing of any appeal of the conviction. While an appeal of the conviction is being adjudicated and until a final judgment is issued, for a member who is not receiving benefits, the member and the member's employer are required to continue making contributions to the retirement system or plan and for a member who is receiving benefits, the retirement system or plan shall suspend payments to the member and hold the assets in trust. If the conviction is reversed on final judgment, no rights or benefits shall be forfeited and the member's membership shall be reinstated.

C. Notwithstanding subsection A, the court may award to a spouse, dependent or former spouse of a member who is subject to subsection A some or all of the amount that was forfeited under subsection A. The award under this subsection shall not require the board of the state retirement system or plan to provide any type, form or time of payment of severance, survivor or retirement benefits or any severance, survivor or retirement benefit option that is not provided by the laws governing the state retirement system or plan from which the award is being made. In determining whether to make an award under this subsection, the judge shall consider the totality of circumstances, including:

1. The role, if any, of the person's spouse, dependent or former spouse in connection with the illegal conduct for which the person was convicted.

2. The degree of knowledge, if any, possessed by the person's spouse, dependent or former spouse in connection with the illegal conduct for which the person was convicted.

3. The community property nature of the benefits involved.

4. The extent to which the person's spouse, dependent or former spouse was relying on the forfeited benefits.

D. Notwithstanding subsection H, the court shall order that a person who is subject to forfeiture under this section is ineligible for future membership in any state retirement system or plan.

E. The court shall provide a copy of the order of forfeiture to the state retirement system or plan to which it applies.

F. This section does not apply to a member whose most recent retirement occurs before the effective date of this section, unless the member has resumed making contributions to the state retirement system or plan.

G. Notwithstanding subsection A, a court shall not order the forfeiture of rights and benefits earned under the state retirement system or plan that accrued before the effective date of this section or for a felony committed before the effective date of this section.

H. This section applies only to the state retirement system or plan in which the person was a contributing member at the time the offense was committed.

I. For the purposes of this section, “state retirement system or plan” means the Arizona state retirement system established by title 38, chapter 5, article 2, [FN1] the elected officials' retirement plan established by title 38, chapter 5, article 3, [FN2] the public safety personnel retirement system established by title 38, chapter 5, article 4 [FN3] and the corrections officer retirement plan established by title 38, chapter 5, article 6. [FN4]

CREDIT(S)

Added by Laws 2011, Ch. 357, § 1.

[FN1] Section 38-711 et seq.

[FN2] Section 38-801 et seq.

[FN3] Section 38-841 et seq.

[FN4] Section 28-881 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-714

Effective: August 2, 2012

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7. Sentencing and Imprisonment (Refs & Annos)

§ 13-714. Offenses committed with intent to promote, further or assist a criminal street gang

A person who is convicted of committing any felony offense with the intent to promote, further or assist any criminal conduct by a criminal street gang shall not be eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as authorized by § 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to § 41-1604.07 or the sentence is commuted. The presumptive, minimum and maximum sentence for the offense shall be increased by three years if the offense is a class 4, 5 or 6 felony or shall be increased by five years if the offense is a class 2 or 3 felony. The additional sentence imposed pursuant to this section is in addition to any enhanced sentence that may be applicable.

CREDIT(S)

Added as 13-709.02 by Laws 2008, Ch. 301, § 34, eff. Jan. 1, 2009. Amended by Laws 2011, Ch. 90, § 4. Renumbered as § 13-714 by Laws 2012, Ch. 96, § 5.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-715

Effective: August 2, 2012

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7. Sentencing and Imprisonment (Refs & Annos)

§ 13-715. Special sentencing provisions; human smuggling organization

A person who is convicted of committing any felony offense with the intent to promote, further or assist a human smuggling organization that operates for the goal or purpose of human trafficking or human smuggling shall not be eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as authorized by § 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to § 41-1604.07 or the sentence is commuted. The presumptive, minimum and maximum sentence for the offense shall be increased by three years if the offense is a class 4, 5 or 6 felony or shall be increased by five years if the offense is a class 2 or 3 felony. The additional sentence imposed pursuant to this section is in addition to any enhanced sentence that may be applicable.

CREDIT(S)

Added as § 13-709.06 by Laws 2011, Ch. 114, § 2. Renumbered as § 13-715 by Laws 2012, Ch. 96, § 5.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 7.1, Refs & Annos

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 7.1. Capital Sentencing

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-751

Effective: August 2, 2012

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7.1. Capital Sentencing (Refs & Annos)

§ 13-751. Sentence of death or life imprisonment; aggravating and mitigating circumstances; definition

A. If the state has filed a notice of intent to seek the death penalty and the defendant is:

1. Convicted of first degree murder pursuant to § 13-1105, subsection A, paragraph 1 or 3 and was at least eighteen years of age at the time of the commission of the offense, the defendant shall be sentenced to death or imprisonment in the custody of the state department of corrections for natural life as determined and in accordance with the procedures provided in § 13-752. A defendant who is sentenced to natural life is not eligible for commutation, parole, work furlough, work release or release from confinement on any basis.

2. Convicted of first degree murder pursuant to § 13-1105 and was under eighteen years of age at the time of the commission of the offense, the defendant shall be sentenced to imprisonment in the custody of the state department of corrections for life or natural life, as determined and in accordance with the procedures provided in § 13-752. A defendant who is sentenced to natural life is not eligible for commutation, parole, work furlough, work release or release from confinement on any basis. If the defendant is sentenced to life, the defendant shall not be released on any basis until the completion of the service of twenty-five calendar years if the murdered person was fifteen or more years of age and thirty-five years if the murdered person was under fifteen years of age or was an unborn child.

3. Convicted of first degree murder pursuant to § 13-1105, subsection A, paragraph 2, the defendant shall be sentenced to death or imprisonment in the custody of the state department of corrections for life or natural life as determined and in accordance with the procedures provided in § 13-752. A defendant who is sentenced to natural life is not eligible for commutation, parole, work furlough, work release or release from confinement on any basis. If the defendant is sentenced to life, the defendant shall not be released on any basis until the completion of the service of twenty-five calendar years if the murdered person was fifteen or more years of age and thirty-five years if the murdered person was under fifteen years of age or was an unborn child.

B. At the aggravation phase of the sentencing proceeding that is held pursuant to § 13-752, the admissibility of information relevant to any of the aggravating circumstances set forth in subsection F of this section shall be governed by the rules of evidence applicable to criminal trials. The burden of establishing the existence of any of the aggravating circumstances set forth in subsection F of this section is on the prosecution. The prosecution must prove the existence of the aggravating circumstances beyond a reasonable doubt.

C. At the penalty phase of the sentencing proceeding that is held pursuant to § 13-752, the prosecution or the defendant may present any information that is relevant to any of the mitigating circumstances included in subsection G of this section, regardless of its admissibility under the rules governing admission of evidence at criminal trials. The burden of establishing the existence of the mitigating circumstances included in subsection G of this section is on the defendant. The defendant must prove the existence of the mitigating circumstances by a preponderance of the evidence. If the trier of fact is a jury, the jurors do not have to agree unanimously that a mitigating circumstance has been proven to exist. Each juror may consider any mitigating circumstance found by that juror in determining the appropriate penalty.

D. Evidence that is admitted at the trial and that relates to any aggravating or mitigating circumstances shall be deemed admitted as evidence at a sentencing proceeding if the trier of fact considering that evidence is the same trier of fact that determined the defendant's guilt. The prosecution and the defendant shall be permitted to rebut any information received at the aggravation or penalty phase of the sentencing proceeding and shall be given fair opportunity to present argument as to whether the information is sufficient to establish the existence of any of the circumstances included in subsections F and G of this section.

E. In determining whether to impose a sentence of death or life imprisonment, the trier of fact shall take into account the aggravating and mitigating circumstances that have been proven. The trier of fact shall impose a sentence of death if the trier of fact finds one or more of the aggravating circumstances enumerated in subsection F of this section and then determines that there are no mitigating circumstances sufficiently substantial to call for leniency.

F. The trier of fact shall consider the following aggravating circumstances in determining whether to impose a sentence of death:

1. The defendant has been convicted of another offense in the United States for which under Arizona law a sentence of life imprisonment or death was imposable.

2. The defendant has been or was previously convicted of a serious offense, whether preparatory or completed. Convictions for serious offenses committed on the same occasion as the homicide, or not committed on the same occasion but consolidated for trial with the homicide, shall be treated as a serious offense under this paragraph.

3. In the commission of the offense the defendant knowingly created a grave risk of death to another person or persons in addition to the person murdered during the commission of the offense.

4. The defendant procured the commission of the offense by payment, or promise of payment, of anything of pecuniary value.

5. The defendant committed the offense as consideration for the receipt, or in expectation of the receipt, of anything of pecuniary value.

6. The defendant committed the offense in an especially heinous, cruel or depraved manner.

7. The defendant committed the offense while:

(a) In the custody of or on authorized or unauthorized release from the state department of corrections, a law enforcement agency or a county or city jail.

(b) On probation for a felony offense.

8. The defendant has been convicted of one or more other homicides, as defined in § 13-1101, that were committed during the commission of the offense.

9. The defendant was an adult at the time the offense was committed or was tried as an adult and the murdered person was under fifteen years of age, was an unborn child in the womb at any stage of its development or was seventy years of age or older.

10. The murdered person was an on duty peace officer who was killed in the course of performing the officer's official duties and the defendant knew, or should have known, that the murdered person was a peace officer.

11. The defendant committed the offense with the intent to promote, further or assist the objectives of a criminal street gang or criminal syndicate or to join a criminal street gang or criminal syndicate.

12. The defendant committed the offense to prevent a person's cooperation with an official law enforcement investigation, to prevent a person's testimony in a court proceeding, in retaliation for a person's cooperation with an official law enforcement investigation or in retaliation for a person's testimony in a court proceeding.

13. The offense was committed in a cold, calculated manner without pretense of moral or legal justification.

14. The defendant used a remote stun gun or an authorized remote stun gun in the commission of the offense. For the purposes of this paragraph:

(a) “Authorized remote stun gun” means a remote stun gun that has all of the following:

(i) An electrical discharge that is less than one hundred thousand volts and less than nine joules of energy per pulse.

(ii) A serial or identification number on all projectiles that are discharged from the remote stun gun.

(iv) A training program that is offered by the manufacturer.

G. The trier of fact shall consider as mitigating circumstances any factors proffered by the defendant or the state that are relevant in determining whether to impose a sentence less than death, including any aspect of the defendant's character, propensities or record and any of the circumstances of the offense, including but not limited to the following:

1. The defendant's capacity to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law was significantly impaired, but not so impaired as to constitute a defense to prosecution.

2. The defendant was under unusual and substantial duress, although not such as to constitute a defense to prosecution.

3. The defendant was legally accountable for the conduct of another under § 13-303, but his participation was relatively minor, although not so minor as to constitute a defense to prosecution.

4. The defendant could not reasonably have foreseen that his conduct in the course of the commission of the offense for which the defendant was convicted would cause, or would create a grave risk of causing, death to another person.

5. The defendant's age.

H. For the purposes of determining whether a conviction of any dangerous crime against children is a serious offense pursuant to this section, an unborn child shall be treated like a minor who is under twelve years of age.

I. In this section, for purposes of punishment an unborn child shall be treated like a minor who is under twelve years of age.

J. For the purposes of this section, “serious offense” means any of the following offenses if committed in this state or any offense committed outside this state that if committed in this state would constitute one of the following offenses:

1. First degree murder.

2. Second degree murder.

3. Manslaughter.

4. Aggravated assault resulting in serious physical injury or committed by the use, threatened use or exhibition of a deadly weapon or dangerous instrument.

5. Sexual assault.

6. Any dangerous crime against children.

7. Arson of an occupied structure.

8. Robbery.

9. Burglary in the first degree.

10. Kidnapping.

11. Sexual conduct with a minor under fifteen years of age.

12. Burglary in the second degree.

13. Terrorism.

CREDIT(S)

Added as § 13-454 by Laws 1973, Ch. 138, § 5. Renumbered as § 13-902 and amended by Laws 1977, Ch. 142, § 58, eff. Oct. 1, 1978. Renumbered as § 13-703 by Laws 1978, Ch. 201, § 104, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 215, § 2, eff. Oct. 1, 1978; Laws 1979, Ch. 144, § 1, eff. May 1, 1979; Laws 1982, Ch. 238, § 2; Laws 1982, Ch. 325, § 5; Laws 1984, Ch. 66, § 1; Laws 1985, Ch. 364, § 8, eff. May 16, 1985; Laws 1988, Ch. 155, § 1; Laws 1993, Ch. 153, § 1; Laws 1999, Ch. 104, § 1, eff. April 29, 1999; Laws 2001, Ch. 260, § 1; Laws 2002, 5th S.S., Ch. 1, § 1, eff. Aug. 1, 2002; Laws 2003, Ch. 255, § 1; Laws 2005, Ch. 166, § 2; Laws 2005, Ch. 188, § 3; Laws 2005, Ch. 325, § 2. Renumbered as § 13-751 and amended by Laws 2008, Ch. 301, §§ 26, 38, eff. Jan. 1, 2009. Amended by Laws 2012, Ch. 207, § 2.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-752

Effective: August 2, 2012

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7.1. Capital Sentencing (Refs & Annos)

§ 13-752. Sentences of death, life imprisonment or natural life; imposition; sentencing proceedings; definitions

A. If the state has filed a notice of intent to seek the death penalty and the defendant is convicted of first degree murder, the trier of fact at the sentencing proceeding shall determine whether to impose a sentence of death in accordance with the procedures provided in this section. If the trier of fact determines that a sentence of death is not appropriate, or if the state has not filed a notice of intent to seek the death penalty, and the defendant is convicted of first degree murder pursuant to section 13-1105, subsection A, paragraph 1 or 3 and was at least eighteen years of age at the time of the commission of the offense, the court shall impose a sentence of natural life. If the defendant was under eighteen years of age at the time of the commission of the offense or if the defendant is convicted of first degree murder pursuant to § 13-1105, subsection A, paragraph 2, the court shall determine whether to impose a sentence of life or natural life.

B. Before trial, the prosecution shall notice one or more of the aggravating circumstances under § 13-751, subsection F.

C. If the trier of fact finds the defendant guilty of first degree murder, the trier of fact shall then immediately determine whether one or more alleged aggravating circumstances have been proven. This proceeding is the aggravation phase of the sentencing proceeding.

D. If the trier of fact finds that one or more of the alleged aggravating circumstances have been proven, the trier of fact shall then immediately determine whether the death penalty should be imposed. This proceeding is the penalty phase of the sentencing proceeding.

E. At the aggravation phase, the trier of fact shall make a special finding on whether each alleged aggravating circumstance has been proven based on the evidence that was presented at the trial or at the aggravation phase. If the trier of fact is a jury, a unanimous verdict is required to find that the aggravating circumstance has been proven. If the trier of fact unanimously finds that an aggravating circumstance has not been proven, the defendant is entitled to a special finding that the aggravating circumstance has not been proven. If the trier of fact unanimously finds no aggravating circumstances, the court shall then determine whether to impose a sentence of life or natural life on the defendant pursuant to subsection A of this section.

F. The penalty phase shall be held immediately after the trier of fact finds at the aggravation phase that one or more of the aggravating circumstances under § 13-751, subsection F have been proven. A finding by the trier of fact that any of the remaining aggravating circumstances alleged has not been proven or the inability of the trier of fact to agree on the issue of whether any of the remaining aggravating circumstances alleged has been proven shall not prevent the holding of the penalty phase.

G. At the penalty phase, the defendant and the state may present any evidence that is relevant to the determination of whether there is mitigation that is sufficiently substantial to call for leniency. In order for the trier of fact to make this determination, regardless of whether the defendant presents evidence of mitigation, the state may present any evidence that demonstrates that the defendant should not be shown leniency including any evidence regarding the defendant's character, propensities, criminal record or other acts.

H. The trier of fact shall determine unanimously whether death is the appropriate sentence. If the trier of fact is a jury and the jury unanimously determines that the death penalty is not appropriate, the court shall determine whether to impose a sentence of life or natural life pursuant to subsection A of this section.

I. If the trier of fact at any prior phase of the trial is the same trier of fact at the subsequent phase, any evidence that was presented at any prior phase of the trial shall be deemed admitted as evidence at any subsequent phase of the trial.

J. At the aggravation phase, if the trier of fact is a jury, the jury is unable to reach a verdict on any of the alleged aggravating circumstances and the jury has not found that at least one of the alleged aggravating circumstances has been proven, the court shall dismiss the jury and shall impanel a new jury. The new jury shall not retry the issue of the defendant's guilt or the issue regarding any of the aggravating circumstances that the first jury found not proved by unanimous verdict. If the new jury is unable to reach a unanimous verdict, the court shall impose a sentence of life or natural life on the defendant.

K. At the penalty phase, if the trier of fact is a jury and the jury is unable to reach a verdict, the court shall dismiss the jury and shall impanel a new jury. The new jury shall not retry the issue of the defendant's guilt or the issue regarding any of the aggravating circumstances that the first jury found by unanimous verdict to be proved or not proved. If the new jury is unable to reach a unanimous verdict, the court shall impose a sentence of life or natural life on the defendant.

L. If the jury that rendered a verdict of guilty is not the jury first impaneled for the aggravation phase, the jury impaneled in the aggravation phase shall not retry the issue of the defendant's guilt. If the jury impaneled in the aggravation phase is unable to reach a verdict on any of the alleged aggravating circumstances and the jury has not found that at least one of the alleged aggravating circumstances has been proven, the court shall dismiss the jury and shall impanel a new jury. The new jury shall not retry the issue of the defendant's guilt or the issue regarding any of the aggravating circumstances that the first jury found not proved by unanimous verdict. If the new jury is unable to reach a unanimous verdict, the court shall impose a sentence of life or natural life on the defendant.

M. Alternate jurors who are impaneled for the trial in a case in which the offense is punishable by death shall not be excused from the case until the completion of the sentencing proceeding.

N. If the sentence of a person who was sentenced to death is overturned, the person shall be resentenced pursuant to this section by a jury that is specifically impaneled for this purpose as if the original sentencing had not occurred.

O. In any case that requires sentencing or resentencing in which the defendant has been convicted of an offense that is punishable by death and in which the trier of fact was a judge or a jury that has since been discharged, the defendant shall be sentenced or resentenced pursuant to this section by a jury that is specifically impaneled for this purpose.

P. The trier of fact shall make all factual determinations required by this section or the Constitution of the United States or this state to impose a death sentence. If the defendant bears the burden of proof, the issue shall be determined in the penalty phase. If the state bears the burden of proof, the issue shall be determined in the aggravation phase.

Q. If the death penalty was not alleged or was alleged but not imposed, the court shall determine whether to impose a sentence of life or natural life pursuant to subsection A of this section. In determining whether to impose a sentence of life or natural life, the court:

1. May consider any evidence introduced before sentencing or at any other sentencing proceeding.

2. Shall consider the aggravating and mitigating circumstances listed in § 13-701 and any statement made by a victim.

R. Subject to § 13-751, subsection B, a victim has the right to be present at the aggravation phase and to present any information that is relevant to the proceeding. A victim has the right to be present and to present information at the penalty phase. At the penalty phase, the victim may present information about the murdered person and the impact of the murder on the victim and other family members and may submit a victim impact statement in any format to the trier of fact.

S. For the purposes of this section:

1. “Trier of fact” means a jury unless the defendant and the state waive a jury, in which case the trier of fact shall be the court.

2. “Victim” means the murdered person's spouse, parent, child, grandparent or sibling, any other person related to the murdered person by consanguinity or affinity to the second degree or any other lawful representative of the murdered person, except if the spouse, parent, child, grandparent, sibling, other person related to the murdered person by consanguinity or affinity to the second degree or other lawful representative is in custody for an offense or is the accused.

CREDIT(S)

Added as § 13-703.01 by Laws 2002, 5th S.S., Ch. 1, § 3, eff. Aug. 1, 2002. Amended by Laws 2003, Ch. 255, § 2;Laws 2005, Ch. 325, § 3. Renumbered as § 13-752 and amended by Laws 2008, Ch. 301, §§ 26, 39, eff. Jan. 1, 2009. Amended by Laws 2012, Ch. 207, § 3.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-752

Effective: August 2, 2012

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7.1. Capital Sentencing (Refs & Annos)

§ 13-752. Sentences of death, life imprisonment or natural life; imposition; sentencing proceedings; definitions

B. Before trial, the prosecution shall notice one or more of the aggravating circumstances under § 13-751, subsection F.

M. Alternate jurors who are impaneled for the trial in a case in which the offense is punishable by death shall not be excused from the case until the completion of the sentencing proceeding.

1. May consider any evidence introduced before sentencing or at any other sentencing proceeding.

2. Shall consider the aggravating and mitigating circumstances listed in § 13-701 and any statement made by a victim.

S. For the purposes of this section:

1. “Trier of fact” means a jury unless the defendant and the state waive a jury, in which case the trier of fact shall be the court.

CREDIT(S)

Added as § 13-703.01 by Laws 2002, 5th S.S., Ch. 1, § 3, eff. Aug. 1, 2002. Amended by Laws 2003, Ch. 255, § 2; Laws 2003, Ch. 255, § 3; Laws 2005, Ch. 325, § 4. Renumbered as § 13-752 and amended by Laws 2008, Ch. 301, §§ 26, 40, eff. Jan. 1, 2009. Amended by Laws 2012, Ch. 207, § 4.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-753

Effective: July 20, 2011

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7.1. Capital Sentencing (Refs & Annos)

§ 13-753. Mental evaluations of capital defendants; hearing; appeal; definitions

A. In any case in which the state files a notice of intent to seek the death penalty, a person who is found to have an intellectual disability pursuant to this section shall not be sentenced to death but shall be sentenced to life or natural life.

B. If the state files a notice of intent to seek the death penalty, the court, unless the defendant objects, shall appoint a prescreening psychological expert in order to determine the defendant's intelligence quotient using current community, nationally and culturally accepted intelligence testing procedures. The prescreening psychological expert shall submit a written report of the intelligence quotient determination to the court within ten days of the testing of the defendant. If the defendant objects to the prescreening, the defendant waives the right to a pretrial determination of status. The waiver does not preclude the defendant from offering evidence of the defendant's intellectual disability in the penalty phase.

C. If the prescreening psychological expert determines that the defendant's intelligence quotient is higher than seventy-five, the notice of intent to seek the death penalty shall not be dismissed on the ground that the defendant has an intellectual disability. If the prescreening psychological expert determines that the defendant's intelligence quotient is higher than seventy-five, the report shall be sealed by the court and be available only to the defendant. The report shall be released on the motion of any party if the defendant introduces the report in the present case or is convicted of an offense in the present case and the sentence is final. A prescreening determination that the defendant's intelligence quotient is higher than seventy-five does not prevent the defendant from introducing evidence of the defendant's intellectual disability or diminished mental capacity at the penalty phase of the sentencing proceeding.

D. If the prescreening psychological expert determines that the defendant's intelligence quotient is seventy-five or less, the trial court, within ten days of receiving the written report, shall order the state and the defendant to each nominate three experts in intellectual disabilities, or jointly nominate a single expert in intellectual disabilities. The trial court shall appoint one expert in intellectual disabilities nominated by the state and one expert in intellectual disabilities nominated by the defendant, or a single expert in intellectual disabilities jointly nominated by the state and the defendant, none of whom made the prescreening determination of the defendant's intelligence quotient. The trial court, in its discretion, may appoint an additional expert in intellectual disabilities who was neither nominated by the state nor the defendant, and who did not make the prescreening determination of the defendant's intelligence quotient. Within forty-five days after the trial court orders the state and the defendant to nominate experts in intellectual disabilities, or on the appointment of such experts, whichever is later, the state and the defendant shall provide to the experts in intellectual disabilities and the court any available records that may be relevant to the defendant's status. The court may extend the deadline for providing records on good cause shown by the state or defendant.

E. Not less than twenty days after receipt of the records provided pursuant to subsection D, or twenty days after the expiration of the deadline for providing the records, whichever is later, each expert in intellectual disability shall examine the defendant using current community, nationally and culturally accepted physical, developmental, psychological and intelligence testing procedures, for the purpose of determining whether the defendant has an intellectual disability. Within fifteen days of examining the defendant, each expert in intellectual disabilities shall submit a written report to the trial court that includes the expert's opinion as to whether the defendant has an intellectual disability.

F. If the scores on all the tests for intelligence quotient administered to the defendant are above seventy, the notice of intent to seek the death penalty shall not be dismissed on the ground that the defendant has an intellectual disability. This does not preclude the defendant from introducing evidence of the defendant's intellectual disability or diminished mental capacity at the penalty phase of the sentencing proceeding.

G. No less than thirty days after the experts in intellectual disabilities submit reports to the court and before trial, the trial court shall hold a hearing to determine if the defendant has an intellectual disability. At the hearing, the defendant has the burden of proving intellectual disability by clear and convincing evidence. A determination by the trial court that the defendant's intelligence quotient is sixty-five or lower establishes a rebuttable presumption that the defendant has an intellectual disability. This subsection does not preclude a defendant with an intelligence quotient of seventy or below from proving intellectual disability by clear and convincing evidence.

H. If the trial court finds that the defendant has an intellectual disability, the trial court shall dismiss the intent to seek the death penalty, shall not impose a sentence of death on the defendant if the defendant is convicted of first degree murder and shall dismiss one of the attorneys appointed under rule 6.2, Arizona rules of criminal procedure, unless the court finds that there is good cause to retain both attorneys. If the trial court finds that the defendant does not have an intellectual disability, the court's finding does not prevent the defendant from introducing evidence of the defendant's intellectual disability or diminished mental capacity at the penalty phase of the sentencing proceeding.

I. Within ten days after the trial court makes a finding on intellectual disability, the state or the defendant may file a petition for special action with the Arizona court of appeals pursuant to the rules of procedure for special actions. The filing of the petition for special action is governed by the rules of procedure for special actions, except that the court of appeals shall exercise jurisdiction and decide the merits of the claims raised.

J. This section applies to all capital sentencing proceedings.

K. For the purposes of this section, unless the context otherwise requires:

1. “Adaptive behavior” means the effectiveness or degree to which the defendant meets the standards of personal independence and social responsibility expected of the defendant's age and cultural group.

2. “Expert in intellectual disabilities” means a psychologist or physician licensed pursuant to title 32, chapter 13, 17 or 19.1 [FN1] with at least five years' experience in the testing or testing assessment, evaluation and diagnosis of intellectual disabilities.

3. “Intellectual disability” means a condition based on a mental deficit that involves significantly subaverage general intellectual functioning, existing concurrently with significant impairment in adaptive behavior, where the onset of the foregoing conditions occurred before the defendant reached the age of eighteen.

4. “Prescreening psychological expert” means a psychologist licensed pursuant to title 32, chapter 19.1 with at least five years' experience in the testing, evaluation and diagnosis of intellectual disabilities.

5. “Significantly subaverage general intellectual functioning” means a full scale intelligence quotient of seventy or lower. The court in determining the intelligence quotient shall take into account the margin of error for the test administered.

CREDIT(S)

Added as § 13-703.02 by Laws 2001, Ch. 260, § 2. Amended by Laws 2002, 5th S.S., Ch. 1, § 4, eff. Aug. 1, 2002; Laws 2006, Ch. 55, § 1. Renumbered as § 13-753 by Laws 2008, Ch. 301, § 26, eff. Jan. 1, 2009. Amended by Laws 2011, Ch. 89, § 5.

[FN1] Sections 32-1401 et seq.; 32-1800 et seq.; 32-2061 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-754

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7.1. Capital Sentencing (Refs & Annos)

§ 13-754. Capital defendant prescreening evaluation for competency and sanity

A. If the state files a notice of intent to seek the death penalty, unless the defendant objects, the court shall appoint a psychologist or psychiatrist licensed pursuant to title 32, chapter 13, 17 or 19.1 [FN1] to conduct a prescreening evaluation to determine if reasonable grounds exist to conduct another examination to determine the following:

1. The defendant's competency to stand trial.

2. Whether the defendant was sane at the time the defendant allegedly committed the offense.

B. The court may appoint separate psychological experts to conduct each of the evaluations ordered pursuant to subsection A.

C. The court shall seal any psychological expert's report pursuant to this section, and the report shall only be available to the defendant. The report shall be released on the motion of any party if the defendant introduces the report in the present case, raises a mental health defense at trial or sentencing or is convicted of an offense in the present case and the sentence is final.

D. If the prescreening evaluation indicates that reasonable grounds exist to conduct another examination as prescribed by subsection A, the court shall treat the prescreening evaluation as a preliminary examination pursuant to rule 11.2(c) of the Arizona rules of criminal procedure and shall proceed in accordance with rule 11 of the Arizona rules of criminal procedure.

CREDIT(S)

Added as § 13-703.02 by Laws 2001, Ch. 334, § 8. Renumbered as § 13-703.03. Amended by Laws 2005, Ch. 325, § 5. Renumbered as § 13-754 by Laws 2008, Ch. 301, § 26, eff. Jan. 1, 2009.

[FN1] Sections 32-1401 et seq.; 32-1800 et seq.; 32-2061 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-755

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7.1. Capital Sentencing (Refs & Annos)

§ 13-755. Death sentences; supreme court review

A. The supreme court shall review all death sentences. On review, the supreme court shall independently review the trial court's findings of aggravation and mitigation and the propriety of the death sentence.

B. If the supreme court determines that an error was made regarding a finding of aggravation or mitigation, the supreme court shall independently determine if the mitigation the supreme court finds is sufficiently substantial to warrant leniency in light of the existing aggravation. If the supreme court finds that the mitigation is not sufficiently substantial to warrant leniency, the supreme court shall affirm the death sentence. If the supreme court finds that the mitigation is sufficiently substantial to warrant leniency, the supreme court shall impose a life sentence pursuant to § 13-751, subsection A.

C. The independent review required by subsection A does not preclude the supreme court from remanding a case for further action if the trial court erroneously excluded evidence or if the appellate record does not adequately reflect the evidence presented.

CREDIT(S)

Added as § 13-703.01 by Laws 1994, Ch. 76, § 1. Renumbered as § 13-703.04 by Laws 2002, 5th S.S, Ch. 1, § 2. Renumbered as § 13-755 and amended by Laws 2008, Ch. 301, §§ 26, 41, eff. Jan. 1, 2009.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-756

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7.1. Capital Sentencing (Refs & Annos)

§ 13-756. Death sentences; supreme court review

A. The supreme court shall review all death sentences to determine whether the trier of fact abused its discretion in finding aggravating circumstances and imposing a sentence of death.

B. If the supreme court determines that an error occurred in the sentencing proceedings, the supreme court shall determine whether the error was harmless beyond a reasonable doubt. If the supreme court cannot determine whether the error was harmless beyond a reasonable doubt, the supreme court shall remand the case for a new sentencing proceeding.

CREDIT(S)

Added as § 13-703.05 by Laws 2002, 5th S.S., Ch. 1, § 5, eff. Aug. 1, 2002. Renumbered as § 13-756 by Laws 2008, Ch. 301, § 26, eff. Jan. 1, 2009.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-757

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7.1. Capital Sentencing (Refs & Annos)

§ 13-757. Method of infliction of sentence of death; identity of executioners; license suspension

A. The penalty of death shall be inflicted by an intravenous injection of a substance or substances in a lethal quantity sufficient to cause death, under the supervision of the state department of corrections.

B. A defendant who is sentenced to death for an offense committed before November 23, 1992 shall choose either lethal injection or lethal gas at least twenty days before the execution date. If the defendant fails to choose either lethal injection or lethal gas, the penalty of death shall be inflicted by lethal injection.

C. The identity of executioners and other persons who participate or perform ancillary functions in an execution and any information contained in records that would identify those persons is confidential and is not subject to disclosure pursuant to title 39, chapter 1, article 2. [FN1]

D. If a person who participates or performs ancillary functions in an execution is licensed by a board, the licensing board shall not suspend or revoke the person's license as a result of the person's participation in an execution.

CREDIT(S)

Formerly § 13-1654. Renumbered as § 13-4004 by Laws 1977, Ch. 142, § 157, eff. Oct. 1, 1978. Renumbered as § 13-704 by Laws 1978, Ch. 201, § 109, eff. Oct. 1, 1978. Amended by Laws 1980, Ch. 229, § 8, eff. April 23, 1980; Laws 1993, Ch. 2, § 1, eff. Feb. 11, 1993; Laws 1998, Ch. 232, § 1. Renumbered as § 13-757 by Laws 2008, Ch. 301, § 26, eff. Jan. 1, 2009.

[FN1] Section 39-121 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-758

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7.1. Capital Sentencing (Refs & Annos)

§ 13-758. Persons present at execution of sentence of death; limitation

The director of the state department of corrections or the director's designee shall be present at the execution of all death sentences and shall invite the attorney general and at least twelve reputable citizens of the director's selection to be present at the execution. The director shall, at the request of the defendant, permit clergymen, not exceeding two, whom the defendant names and any persons, relatives or friends, not exceeding five, to be present at the execution. The director may invite peace officers as the director deems expedient to witness the execution. No persons other than those set forth in this section shall be present at the execution nor shall any minor be allowed to witness the execution.

CREDIT(S)

Formerly § 13-1655. Renumbered as § 13-4005 by Laws 1977, Ch. 142, § 157, eff. Oct. 1, 1978. Renumbered as § 13-705 by Laws 1978, Ch. 201, § 109, eff. Oct. 1, 1978. Amended by Laws 1993, Ch. 2, § 2, eff. Feb. 11, 1993; Laws 1996, Ch. 74, § 1. Renumbered as § 13-758 by Laws 2008, Ch. 301, § 26, eff. Jan. 1, 2009.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-759

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 7.1. Capital Sentencing (Refs & Annos)

§ 13-759. Death warrant; return

A. After a conviction and sentence of death are affirmed and the first post-conviction relief proceedings have concluded, the supreme court shall issue a warrant of execution that authorizes the director of the state department of corrections to carry out the execution thirty-five days after the supreme court's mandate or order denying review or upon motion by the state. The supreme court shall grant subsequent warrants of execution on a motion by the state. The time for execution shall be fixed for thirty-five days after the state's motion is granted.

B. Upon the execution of a sentence of death, the director of the state department of corrections shall make a return upon the death warrant to the court which pronounced sentence and the supreme court, showing the time, mode and manner in which it was executed.

CREDIT(S)

Formerly § 13-1656. Renumbered as § 13-4006 by Laws 1977, Ch. 142, § 157, eff. Oct. 1, 1978. Renumbered as § 13-706 by Laws 1978, Ch. 201, § 109, eff. Oct. 1, 1978. Amended by Laws 1993, Ch. 2, § 3, eff. Feb. 11, 1993; Laws 1994, Ch. 76, § 2. Renumbered as § 13-759 by Laws 2008, Ch. 301, § 26, eff. Jan. 1, 2009.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 8, Refs & Annos

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 8. Restitution and Fines

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-801

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§ 13-801. Fines for felonies

A. A sentence to pay a fine for a felony shall be a sentence to pay an amount fixed by the court not more than one hundred fifty thousand dollars.

B. A judgment that the defendant shall pay a fine, with or without the alternative of imprisonment, shall constitute a lien in like manner as a judgment for money rendered in a civil action.

C. This section does not apply to an enterprise.

CREDIT(S)

Added as § 13-1001 by Laws 1977, Ch. 142, § 59, eff. Oct. 1, 1978. Renumbered as § 13-801 and amended by Laws 1978, Ch. 201, §§ 110, 111, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-802

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§ 13-802. Fines for misdemeanors

A. A sentence to pay a fine for a class 1 misdemeanor shall be a sentence to pay an amount, fixed by the court, not more than two thousand five hundred dollars.

B. A sentence to pay a fine for a class 2 misdemeanor shall be a sentence to pay an amount, fixed by the court, not more than seven hundred fifty dollars.

C. A sentence to pay a fine for a class 3 misdemeanor shall be a sentence to pay an amount, fixed by the court, not more than five hundred dollars.

D. A sentence to pay a fine for a petty offense shall be a sentence to pay an amount, fixed by the court, of not more than three hundred dollars.

E. A judgment that the defendant shall pay a fine, with or without the alternative of imprisonment, shall constitute a lien in like manner as a judgment for money rendered in a civil action.

F. This section does not apply to an enterprise.

CREDIT(S)

Added as § 13-1002 by Laws 1977, Ch. 142, § 59, eff. Oct. 1, 1978. Renumbered as § 13-802 and amended by Laws 1978, Ch. 201, §§ 110, 112, eff. Oct. 1, 1978. Amended by Laws 1989, Ch. 87, § 2.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-803

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§ 13-803. Fines against enterprises

A. Except as provided in §§ 13-822 and 13-823, a sentence to pay a fine that is imposed on an enterprise for an offense defined in this title or for an offense defined outside this title for which no special enterprise fine is specified shall be a sentence to pay an amount, fixed by the court, of not more than:

1. For a felony, one million dollars.

2. For a class 1 misdemeanor, twenty thousand dollars.

3. For a class 2 misdemeanor, ten thousand dollars.

4. For a class 3 misdemeanor, two thousand dollars.

5. For a petty offense, one thousand dollars.

B. If the court imposes a fine, the court shall impose as a presumptive fine the median of the allowable range under subsection A of this section and the presumptive fine may be mitigated or aggravated pursuant to this section.

C. After considering the factors listed in subsection F of this section, the court shall determine an appropriate fine. If the court deviates from the presumptive fine, the court shall set forth on the record the fine, if any, and how the relevant factors listed in subsection F of this section affected the court's determination.

D. Subsections B, C and F of this section and §§ 13-822 and 13-823 do not apply to sentences for misdemeanor violations that are prosecuted in justice court or municipal court, except that the court may consider the factors listed in subsection F of this section and § 13-822 in determining the fine to impose.

E. A judgment that the enterprise shall pay a fine shall constitute a lien in like manner as a judgment for money rendered in a civil action.

F. If the court deviates from the presumptive fine, the court shall base its decision on any evidence or information that was introduced or submitted to it before sentencing or on any evidence that was previously heard at trial and shall consider the following factors, if relevant:

1. The income and assets of the enterprise and the economic impact of the penalty on the enterprise.

2. Any prior criminal, civil or regulatory misconduct by the enterprise.

3. The degree of harm resulting from the offense.

4. Whether the offense resulted in pecuniary gain.

5. Whether the enterprise made good faith efforts to comply with any applicable requirements.

6. The duration of the offense.

7. The role of the directors, officers or principals of the enterprise in the offense.

8. Whether the offense involved an unusually vulnerable victim due to age, physical or mental condition or any other factor that would make the victim particularly susceptible to criminal conduct.

9. Whether the offense involved a threat to a market.

10. Whether the enterprise breached a fiduciary duty in committing the offense.

11. The obligation of the enterprise to pay restitution.

12. Any other factors that the court deems appropriate.

CREDIT(S)

Added as § 13-1004 by Laws 1977, Ch. 142, § 59, eff. Oct. 1, 1978. Renumbered as § 13-804 by Laws 1978, Ch. 201, § 110, eff. Oct. 1, 1978. Amended by Laws 1980, Ch. 229, § 9, eff. April 23, 1980. Renumbered as § 13-803 by Laws 1986, Ch. 248, § 4. Amended by Laws 2000, Ch. 172, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-804

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§ 13-804. Restitution for offense causing economic loss; fine for reimbursement of public monies

A. Upon a defendant's conviction for an offense causing economic loss to any person, the court, in its sole discretion, may order that all or any portion of the fine imposed be allocated as restitution to be paid by the defendant to any person who suffered an economic loss caused by the defendant's conduct.

B. In ordering restitution for economic loss pursuant to § 13-603, subsection C or subsection A of this section, the court shall consider all losses caused by the criminal offense or offenses for which the defendant has been convicted.

C. The court shall not consider the economic circumstances of the defendant in determining the amount of restitution.

D. Restitution payments that are ordered pursuant to § 13-603 and this section shall not be stayed if the defendant files a notice of appeal, and the payments may be held by the court pending the outcome of an appeal.

E. After the court determines the amount of restitution, the court or a staff member designated by the court, including a probation officer, shall specify the manner in which the restitution is to be paid. In deciding the manner in which the restitution is to be paid, the court or a staff member designated by the court, including a probation officer, shall make reasonable efforts to contact any victim who has requested notice pursuant to §§ 13-4415 and 13-4417, shall take into account the views of the victim and shall consider the economic circumstances of the defendant. In considering the economic circumstances of the defendant, the court shall consider all of the defendant's assets and income, including workers' compensation and social security benefits. The court shall make all reasonable efforts to ensure that all persons entitled to restitution pursuant to a court order promptly receive full restitution. The court may enter any reasonable order necessary to accomplish this. If a victim has received reimbursement for the victim's economic loss from an insurance company, a crime victim compensation program funded pursuant to § 41-2407 or any other entity, the court shall order the defendant to pay the restitution to that entity. If a victim has received only partial reimbursement for the victim's economic loss, the court shall order the defendant to pay restitution first to the victim and then to the entity that partially reimbursed the victim. If a probation, parole or community supervision officer has reason to believe that court ordered restitution is not being made, the officer shall report to the court supervising the probationer or the board of executive clemency that the defendant has failed to make restitution in a timely manner and the court or the board of executive clemency may revoke the defendant's probation, parole or community supervision.

F. If more than one defendant is convicted of the offense which caused the loss, the defendants are jointly and severally liable for the restitution.

G. If the court does not have sufficient evidence to support a finding of the amount of restitution or the manner in which the restitution should be paid, it may conduct a hearing upon the issue according to procedures established by rule of court. The court may call the defendant to testify and to produce information or evidence. The state does not represent persons who have suffered economic loss at the hearing but may present evidence or information relevant to the issue of restitution.

H. After making the determinations in subsection B of this section the trial court shall enter a restitution order for each defendant which sets forth all of the following:

1. The total amount of restitution the defendant owes all persons.

2. The total amount of restitution owed to each person.

3. The manner in which the restitution is to be paid.

I. The restitution order under subsection H of this section may be supported by evidence or information introduced or submitted to the court before sentencing or any evidence previously heard by the judge during the proceedings.

J. A restitution lien shall be created in favor of the state for the total amount of the restitution, fine, surcharges, assessments, costs, incarceration costs and fees ordered, if any.

K. Notwithstanding any other law, a restitution lien is created in favor of a victim of the defendant ordered to make restitution. Monies received monthly from the defendant shall be applied first to satisfy the restitution order entered by the court and the payment of any restitution in arrears. Any monies that are owed by this state to a person who is under a restitution order shall be assigned first to discharge the restitution order, including any tax refund that is owed to the defendant.

L. If the defendant, the state or persons entitled to restitution pursuant to a court order disagree with the manner of payment established in subsection E of this section, the defendant, court or person entitled to restitution may petition the court at any time to change the manner in which the restitution is paid. Before modifying the order pertaining to the manner in which the restitution is paid, the court shall give notice and an opportunity to be heard to the defendant, the state and, upon request, persons entitled to restitution pursuant to a court order.

CREDIT(S)

Added as § 13-1003 by Laws 1977, Ch. 142, § 59, eff. Oct. 1, 1978. Renumbered as § 13-803 and amended by Laws 1978, Ch. 201, §§ 110, 113, eff. Oct. 1, 1978. Amended by Laws 1981, Ch. 264, § 4, eff. Sept. 1, 1981. Renumbered as § 13-804 and amended by Laws 1986, Ch. 248, §§ 4, 5. Amended by Laws 1991, Ch. 229, § 4, eff. Jan. 1, 1992; Laws 1992, Ch. 110, § 2, eff. June 2, 1992; Laws 1992, Ch. 209, § 1; Laws 1992, Ch. 330, § 3; Laws 1993, Ch. 255, § 14, eff. Jan. 1, 1994; Laws 1995, Ch. 188, § 2; Laws 1996, Ch. 117, § 1; Laws 1997, Ch. 126, § 6, eff. April 22, 1997.

APPLICATION

<“Sec. 99. Applicability>

<“The provisions of §§ 1 through 86 and §§ 89 through 95 of this act apply only to persons who commit a felony offense after the effective date of this act.”>

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-804.01

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§ 13-804.01. Reimbursement of incarceration costs; misdemeanors

A. The court shall order a person who is convicted of a misdemeanor offense and who is sentenced to a term of incarceration to reimburse the political subdivision that is responsible for the costs of the person's incarceration for the incarceration costs.

B. The court may determine the amount of incarceration costs to be paid based on the following factors:

1. The per diem per person cost of incarceration incurred by the political subdivision that incarcerates the person.

2. The person's ability to pay part or all of the incarceration costs.

CREDIT(S)

Added by Laws 2002, Ch. 337, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-805

Effective: April 1, 2013

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§ 13-805. Jurisdiction

A. The trial court shall retain jurisdiction of the case for purposes of ordering, modifying and enforcing the manner in which court-ordered payments are made until paid in full or until the defendant's sentence expires.

B. At the time the defendant is ordered to pay restitution by the superior court, the court may enter a criminal restitution order in favor of each person who is entitled to restitution for the unpaid balance of any restitution order. A criminal restitution order does not affect any other monetary obligation imposed on the defendant pursuant to law.

C. At the time the defendant completes the defendant's period of probation or the defendant's sentence or the defendant absconds from probation or the defendant's sentence, the court shall enter both:

1. A criminal restitution order in favor of the state for the unpaid balance, if any, of any fines, costs, incarceration costs, fees, surcharges or assessments imposed.

2. A criminal restitution order in favor of each person entitled to restitution for the unpaid balance of any restitution ordered, if a criminal restitution order is not issued pursuant to subsection B of this section.

D. The clerk of the court shall notify each person who is entitled to restitution of the criminal restitution order.

E. A criminal restitution order may be recorded and is enforceable as any civil judgment, except that a criminal restitution order does not require renewal pursuant to § 12-1611 or 12-1612. Enforcement of a criminal restitution order by any person who is entitled to restitution or by the state includes the collection of interest that accrues at a rate of ten per cent per annum. A criminal restitution order does not expire until paid in full.

F. All monies paid pursuant to a criminal restitution order entered by the superior court shall be paid to the clerk of the superior court.

G. Monies received as a result of a criminal restitution order entered pursuant to this section shall be distributed in the following order of priority:

1. Restitution ordered that is reduced to a criminal restitution order.

2. Associated interest.

H. The interest accrued pursuant to subsection E of this section does not apply to fees imposed for collection of the court ordered payments.

I. A criminal restitution order is a criminal penalty for the purposes of a federal bankruptcy involving the defendant.

CREDIT(S)

Added by Laws 1986, Ch. 248, § 7. Amended by Laws 1992, Ch. 330, § 4; Laws 1995, Ch. 188, § 3; Laws 1999, Ch. 106, § 2; Laws 2005, Ch. 260, § 6, eff. Jan. 1, 2006; Laws 2011, Ch. 99, § 4; Laws 2011, Ch. 263, § 1; Laws 2012, Ch. 269, § 1, eff. April 1, 2013.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-806

Effective: July 29, 2010

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§ 13-806. Restitution lien

A. The state or any person entitled to restitution pursuant to a court order may file in accordance with this section a restitution lien. A filing fee or any other charge is not required for filing a restitution lien.

B. A restitution lien shall be signed by the attorney representing the state in the criminal action or by a magistrate and shall set forth all of the following information:

1. The name and date of birth of the defendant whose property or other interests are subject to the lien.

2. The present residence or principal place of business of the person named in the lien, if known.

3. The criminal proceeding pursuant to which the lien is filed, including the name of the court, the title of the action and the court's file number.

4. The name and address of the attorney representing the state in the proceeding pursuant to which the lien is filed or the name and address of the person entitled to restitution pursuant to a court order filing the lien.

5. A statement that the notice is being filed pursuant to this section.

6. The amount of restitution the defendant in the proceeding has been ordered to pay or an estimated amount of economic loss caused by the offense alleged in the proceeding if no restitution order has been entered yet.

7. A statement that the total amount of restitution owed will change and that the clerk of the court in which the proceeding was or is pending shall maintain a record of the outstanding balance.

C. A restitution lien may be filed by:

1. A prosecutor in a criminal proceeding in which there was an economic loss after the filing of a misdemeanor complaint or felony information or indictment. At the time of arraignment the prosecutor shall give the defendant notice of any restitution lien filed.

2. A victim in a criminal proceeding after restitution is determined and ordered by the trial court following pronouncement of the judgment and sentence.

D. A restitution lien is perfected against interests in personal property by filing the lien with the secretary of state, except that in the case of titled motor vehicles it shall be filed with the department of transportation motor vehicle division. A restitution lien is perfected against interests in real property by filing the lien with the county recorder of the county in which the real property is located. The state or a victim may give the additional notice of the lien as either deems appropriate.

E. The filing of a restitution lien in accordance with this section creates a lien in favor of the state or the victim in all of the following:

1. Any interest of the defendant in real property situated in the county in which the lien is filed then maintained or thereafter acquired in the name of the defendant identified in the lien.

2. Any interest of the defendant in personal property situated in this state then maintained or thereafter acquired in the name of the defendant identified in the lien.

3. Any property identified in the lien to the extent of the defendant's interest in the property.

F. The filing of a restitution lien under this section is notice to all persons dealing with the person or property identified in the lien of the state's or victim's claim. The lien created in favor of the state or the victim in accordance with this section is superior and prior to the claims or interests of any other person, except a person possessing any of the following:

1. A valid lien perfected before the filing of the restitution lien.

2. In the case of real property, an interest acquired and recorded before the filing of the restitution lien.

3. In the case of personal property, an interest acquired before the filing of the restitution lien.

G. This section does not limit the right of the state or any other person entitled to restitution to obtain any order or injunction, receivership, writ, attachment, garnishment or other remedy authorized by law.

H. Following the entry of the judgment and sentence in the criminal case, if the trial court sentences the defendant to pay a fine or awards costs of investigation or prosecution, the state may file a restitution lien pursuant to this section for the amount of the fine or costs.

I. A criminal restitution lien is a criminal penalty for the purposes of any federal bankruptcy involving the defendant.

J. A self-service storage facility that forecloses its lien pursuant to § 33-1704 may sell personal property that is subject to a restitution lien. The proceeds from the sale, less the reasonable costs of sale, shall be paid to the restitution lienholder to satisfy the restitution lien as prescribed in § 33-1704. A person who is a good faith purchaser pursuant to § 33-1704 and who purchases personal property that is subject to a restitution lien takes the property free and clear of the rights of the restitution lienholder.

CREDIT(S)

Added by Laws 1986, Ch. 248, § 7. Amended by Laws 1995, Ch. 188, § 4; Laws 2010, Ch. 94, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-807

Effective: August 2, 2012

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§ 13-807. Civil actions by victims or other persons

A defendant who is convicted in a criminal proceeding is precluded from subsequently denying in any civil proceeding brought by the victim or this state against the criminal defendant the essential allegations of the criminal offense of which he was adjudged guilty, including judgments of guilt resulting from no contest pleas. An order of restitution in favor of a person does not preclude that person from bringing a separate civil action and proving in that action damages in excess of the amount of the restitution order that is actually paid.

CREDIT(S)

Added by Laws 1986, Ch. 248, § 7. Amended by Laws 1993, Ch. 255, § 15, eff. Jan. 1, 1994; Laws 2012, Ch. 102, § 1.

APPLICATION

<“Sec. 99. Applicability>

<“The provisions of §§ 1 through 86 and §§ 89 through 95 of this act apply only to persons who commit a felony offense after the effective date of this act.”>

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-808

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§ 13-808. Time and method of payment of fines; conditions of probation; no limitation on restitution and other assessments

A. If a defendant is sentenced to pay a fine alone or in addition to any other sentence, the court or a probation officer or a staff member designated by the court may grant permission for payment to be made within a specified period of time or in specified installments. If no such permission is embodied in the sentence the fine shall be payable immediately.

B. If a defendant sentenced to pay a fine, restitution, penalty, assessment, incarceration cost or surcharge is also sentenced to probation, the court shall make payment of the fine, restitution, penalty, assessment, incarceration cost or surcharge a condition of probation.

C. The amount of restitution, assessments, incarceration costs and surcharges is not limited by the maximum fine that may be imposed under § 13-801 or 13-802.

CREDIT(S)

Added as § 13-1005 by Laws 1977, Ch. 142, § 59, eff. Oct. 1, 1978. Renumbered as § 13-805 by Laws 1978, Ch. 201, § 110, eff. Oct. 1, 1978. Renumbered as § 13-808 and amended by Laws 1986, Ch. 248, §§ 6, 8. Amended by Laws 1992, Ch. 110, § 3, eff. June 2, 1992; Laws 1992, Ch. 330, § 5.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-809

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§ 13-809. Priority of payments; application to traffic offenses; orders to reimburse public monies

A. If a defendant is sentenced to pay a fine or incarceration costs, payment and enforcement of restitution take priority over payment to the state.

B. Section 13-804 does not apply to traffic offenses, except for a violation of § 28-661, 28-693, 28-1381, 28-1382 or 28-1383 or any local ordinance relating to the same subject matter of such sections.

C. The court may impose an additional fine on sentencing for any offense to require that the defendant reimburse the law enforcement agency for any public monies paid to any person.

CREDIT(S)

Added by Laws 1986, Ch. 248, § 9. Amended by Laws 1992, Ch. 330, § 6; Laws 1997, Ch. 1, § 29, eff. Oct. 1, 1997; Laws 1998, Ch. 302, § 10, eff. Dec. 1, 1998; Laws 2002, Ch. 337, § 2.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-810

Effective: September 19, 2007

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§ 13-810. Consequences of nonpayment of fines, fees, restitution or incarceration costs

A. In addition to any other remedy provided by law, including a writ of execution or other civil enforcement, if a defendant who is sentenced to pay a fine, a fee or incarceration costs defaults in the payment of the fine, fee or incarceration costs or of any installment as ordered, the clerk of the court imposing the fine, fee or incarceration costs shall notify the prosecutor and the sentencing court. The court, on motion of the prosecuting attorney or on its own motion, shall require the defendant to show cause why the defendant's default should not be treated as contempt and may issue a summons or a warrant of arrest for the defendant's appearance.

B. In addition to any other remedy provided by law, including a writ of execution or other civil enforcement, if a defendant who is ordered to pay restitution defaults in the payment of the restitution or of any installment as ordered, the clerk of the court that imposed the restitution shall notify the prosecutor and the sentencing court on a monthly basis. The court, on motion of the prosecuting attorney, on petition of any person entitled to restitution pursuant to a court order or on its own motion, shall require the defendant to show cause why the defendant's default should not be treated as contempt and may issue a summons or a warrant of arrest for the defendant's appearance.

C. At any hearing on the order to show cause the court, the prosecuting attorney or a person entitled to restitution may examine the defendant under oath concerning the defendant's financial condition, employment and assets or on any other matter relating to the defendant's ability to pay restitution.

D. If the court finds that the defendant has wilfully failed to pay a fine, a fee, restitution or incarceration costs or finds that the defendant has intentionally refused to make a good faith effort to obtain the monies required for the payment, the court shall find that the default constitutes contempt and may do one of the following:

1. Order the defendant incarcerated in the county jail until the fine, fee, restitution or incarceration costs, or a specified part of the fine, fee, restitution or incarceration costs, is paid.

2. Revoke the defendant's probation, parole or community supervision and sentence the defendant to prison pursuant to law.

3. Enter an order pursuant to § 13-812. The levy or execution for the collection of a fine, a fee, restitution or incarceration costs does not discharge a defendant who is incarcerated for nonpayment of the fine, fee, restitution or incarceration costs until the amount of the fine, fee, restitution or incarceration costs is collected.

E. If the court finds that the default is not wilful and that the defendant cannot pay despite sufficient good faith efforts to obtain the monies, the court may take any lawful action including:

1. Modify the manner in which the restitution, fine, fee or incarceration costs are to be paid.

2. Enter any reasonable order that would assure compliance with the order to pay.

3. Enter an order pursuant to § 13-812. The levy or execution for the collection of a fine, a fee, restitution or incarceration costs does not discharge a defendant incarcerated for nonpayment of the fine, fee, restitution or incarceration costs until the amount of the fine, fee, restitution or incarceration costs is collected.

F. If a fine, a fee, restitution or incarceration costs are imposed on an enterprise it is the duty of the person or persons authorized to make disbursement from the assets of the enterprise to pay them from those assets, and their failure to do so shall be held a contempt unless they make the showing required in subsection A or B of this section.

CREDIT(S)

Added as § 13-1006 by Laws 1977, Ch. 142, § 59, eff. Oct. 1, 1978. Renumbered as § 13-806 and amended by Laws 1978, Ch. 201, §§ 110, 114, eff. Oct. 1, 1978. Amended by Laws 1980, Ch. 229, § 10, eff. April 23, 1980. Renumbered as § 13-810 and amended by Laws 1986, Ch. 248, §§ 6, 10. Amended by Laws 1992, Ch. 330, § 7; Laws 1993, Ch. 255, § 16, eff. Jan. 1, 1994; Laws 1995, Ch. 188, § 5; Laws 2007, Ch. 290, § 2.

APPLICATION

<“Sec. 99. Applicability>

<“The provisions of §§ 1 through 86 and §§ 89 through 95 of this act apply only to persons who commit a felony offense after the effective date of this act.”>

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-811

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§ 13-811. Disposition of fines

A. Except as provided in subsections B and C of this section, all fines collected in any court, except municipal courts, shall be paid to the county treasurer of the county in which the court is held. All fines collected in the superior court for violation of a city or town ordinance shall be paid to the county treasurer.

B. Except as provided in subsection C of this section, all fines or costs collected in any court for offenses indicted by a state grand jury or for other offenses prosecuted by the attorney general shall be paid to the anti-racketeering revolving fund established in § 13-2314.01.

C. Except as provided in § 13-821, all fines collected in any court for offenses included in chapter 34 of this title [FN1] and prosecuted by a city prosecutor, a county attorney or the attorney general shall be paid to the drug and gang enforcement account of the criminal justice enhancement fund established in § 41-2402.

CREDIT(S)

Formerly § 13-1675. Amended by Laws 1971, Ch. 150, § 1. Renumbered as § 13-4015 by Laws 1977, Ch. 142, § 158, eff. Oct. 1, 1978. Renumbered as § 13-807 and amended by Laws 1978, Ch. 201, § 115, eff. Oct. 1, 1978. Amended by Laws 1979, Ch. 194, § 1; Laws 1980, Ch. 228, § 1. Renumbered as § 13-811 by Laws 1986, Ch. 248, § 6. Amended by Laws 1987, Ch. 307, § 6; Laws 1996, Ch. 350, § 2.

[FN1] Section 13-3401 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-812

Effective: September 19, 2007

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§ 13-812. Garnishment for nonpayment of fines, fees, restitution or incarceration costs

A. After a hearing on an order to show cause pursuant to § 13-810, subsection A or B or after a hearing on a petition to revoke probation pursuant to § 13-804, subsection E or the rules of criminal procedure, the court may issue a writ of criminal garnishment for any fine, fee, restitution or incarceration costs.

B. The court may order garnishment for monies that are owed to a victim or the court, the clerk of the court or the prosecuting attorney pursuant to a court order to pay any fine, fee, restitution or incarceration costs. A writ of criminal garnishment applies to any of the following:

1. The defendant's earnings as defined in § 12-1598.

2. Indebtedness that is owed to a defendant by a garnishee for amounts that are not earnings.

3. Monies that are held by a garnishee on behalf of a defendant.

4. The defendant's personal property that is in the possession of a garnishee.

5. If the garnishee is a corporation, shares or securities of a corporation or a proprietary interest in a corporation that belongs to a defendant.

6. The defendant's earnings or monies that are held by the state department of corrections while the defendant is in the custody of the department.

CREDIT(S)

Added by Laws 1995, Ch. 188, § 6. Amended by Laws 1996, Ch. 79, § 1; Laws 1997, Ch. 126, § 7, eff. April 22, 1997; Laws 2007, Ch. 290, § 3.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-813

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§ 13-813. Issuance of writ of garnishment; service and return of writ

A. The court shall direct the writ of criminal garnishment to the sheriff, the constable or any other officer who is authorized by law to serve process in the county in which the garnishee is alleged to be. The writ shall summon the garnishee to immediately appear to answer the writ before the court issuing the writ. The garnishee shall appear within the time specified in the writ. The writ shall state all of the following:

1. The amount due to the victim or court, clerk of the court or prosecuting attorney as of the date on which the writ is issued.

2. The name and address of the garnishee or the garnishee's authorized agent.

3. The name and address of the victim or the court, clerk of the court or prosecuting attorney presenting the writ.

4. The last known mailing address of the defendant.

B. The victim or the court, the clerk of the court or the prosecuting attorney shall serve the following on the garnishee:

1. Two copies of the writ of garnishment and summons.

2. A copy of the criminal restitution order.

3. Four copies of the answer form.

4. Two copies of the notice to the defendant.

5. Two copies of the instructions to the garnishee.

C. The victim or the court, the clerk of the court or the prosecuting attorney shall serve on the defendant a copy of the writ of garnishment.

D. The victim or the court, the clerk of the court or the prosecuting attorney may serve a copy of the writ of garnishment on the manager or other officer of a banking corporation or association, savings bank, savings and loan association, credit union, trust company or title insurance company to levy monies that are owed pursuant to a writ of criminal garnishment by one of these organizations or to levy credits or other effects that belong to a defendant and that are in the possession of or under the control of one of these organizations. The copy of the writ shall be served at any office or branch that is located in the county in which the service is made. A garnishment is not effective as to any debt owed by a banking corporation or association, savings bank, savings and loan association, credit union, trust company or title insurance company if the account evidencing the indebtedness is carried at an office or branch other than the office or branch named in the writ and at which service is made or, as to credits or other effects in its possession or under its control, at any other office or branch unless the service of the writ is accompanied by twenty-five dollars to be paid to the garnishee for the costs of the search. The writ is effective on the payment of the search fee as to any debt owing by a banking corporation or association, savings bank, savings and loan association, credit union, trust company or title insurance company if the account evidencing the indebtedness is carried at any office or branch located in this state, or as to any credits, property or other effects in its possession or under its control, at any office or branch located in this state.

CREDIT(S)

Added by Laws 1995, Ch. 188, § 6. Amended by Laws 1996, Ch. 79, § 2.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-814

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§ 13-814. Repealed by Laws 1996, Ch. 76, § 1 , eff. Oct. 1, 1997

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-815

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§ 13-815. Initial lien on earnings

A. If the writ of criminal garnishment is for earnings of the defendant, the writ is a lien on the earnings of the defendant from the date of service on the garnishee until any of the following occurs:

1. An order of continuing lien is entered.

2. If an order is not entered, within forty-five days after the date on which the garnishee files an answer.

3. The writ is quashed or released or becomes ineffective.

B. The garnishee shall not remit any withheld earnings to the party obtaining the writ until the court enters an order pursuant to § 13-818.

CREDIT(S)

Added by Laws 1995, Ch. 188, § 6.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-816

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§ 13-816. Answer; time and form

A. The garnishee shall answer the writ of criminal restitution in the court issuing the writ within ten days after being served.

B. If the writ of criminal garnishment is for earnings of the defendant, the garnishee shall answer pursuant to § 12-1598.08. If the writ of criminal garnishment is for indebtedness, monies, personal property or shares of stock, the garnishee shall answer pursuant to § 12-1579.

CREDIT(S)

Added by Laws 1995, Ch. 188, § 6.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-817

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§ 13-817. Objection to garnishment; hearing; discharge of garnishee

A. A party who has an objection to the writ of garnishment or the answer may file a written objection and may request a hearing. The party shall state the grounds for objection in writing and shall deliver copies of the objection to all of the parties to the writ.

B. The court shall hold a hearing on an objection to the writ or the answer within ten days after receiving the request. The court may continue the hearing for good cause on terms the court deems appropriate.

C. The court may discharge the garnishee from the writ of criminal restitution if it appears from the garnishee's answer that the garnishee did not owe earnings to the defendant or have the defendant's indebtedness, monies, property or stock in the garnishee's possession and if no written objection to the answer is filed. The court shall enter an order discharging the garnishee.

CREDIT(S)

Added by Laws 1995, Ch. 188, § 6.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-818

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§ 13-818. Order on writ of garnishment for money or property

A. If the garnishee's answer shows that the garnishee holds indebtedness or monies of the defendant, the court shall enter an order of criminal garnishment that requires the garnishee to immediately transfer the indebtedness or monies to the victim or to the court, the clerk of the court or the prosecuting attorney who is named in the writ of garnishment.

B. If the garnishee's answer shows that the garnishee holds personal property or stock of the defendant, the court shall enter an order against the garnishee to hold the personal property or stock of the defendant pending service of a writ of special execution pursuant to § 12-1554.

C. The party who obtains the writ of garnishment shall deliver a copy of the order on the writ to the garnishee and the defendant.

D. An order that is entered pursuant to subsection A or B of this section shall not order more money, stocks or property transferred than is reasonably necessary to satisfy the amount of the outstanding balance of the underlying criminal restitution order.

E. A bank deposit made in the name of two or more persons is subject to garnishment pursuant to § 12-1595, except that “judgment creditor” includes a victim or the court, the clerk of the court or the prosecuting attorney that obtains the writ of garnishment and “judgment debtor” includes a criminal defendant.

CREDIT(S)

Added by Laws 1995, Ch. 188, § 6. Amended by Laws 1996, Ch. 79, § 3.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-819

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§ 13-819. Order on writ of garnishment for earnings; continuing lien

A. The party who obtains the writ of garnishment for earnings shall deliver a copy of the order on the writ to the garnishee and the defendant.

B. After service or delivery of the order is made, § 12-1598.10 applies, except that “judgment creditor” includes a victim or the court, the clerk of the court or the prosecuting attorney that obtains the writ of garnishment and “judgment debtor” includes a criminal defendant.

C. Section 12-1598.12 [FN1] applies to continuing liens for writs of criminal garnishment. Section 12-1598.12 [FN1] applies to reporting by the party obtaining the writ of criminal garnishment, except that “judgment creditor” includes a victim or the court, the clerk of the court or the prosecuting attorney that obtains the writ of garnishment and “judgment debtor” includes a criminal defendant.

CREDIT(S)

Added by Laws 1995, Ch. 188, § 6. Amended by Laws 1996, Ch. 79, § 4.

[FN1] The references to “12-1598.12” should be to “12-1598.11”.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-820

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§ 13-820. Contempt proceedings; failure to comply with order

If the garnishee fails to comply with the terms of the order of criminal garnishment within thirty days after receiving the order, the victim or the court, the clerk of the court or the prosecuting attorney may petition the court for an order to show cause why the garnishee should not be held in contempt. If the court finds that the failure was wilful or the result of gross negligence, the court shall find the garnishee in contempt and shall award the petitioner reasonable attorney fees, costs and an additional penalty of not more than five hundred dollars.

CREDIT(S)

Added by Laws 1995, Ch. 188, § 6. Amended by Laws 1996, Ch. 79, § 5.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-821

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§ 13-821. Fines for drug offenses

A. In addition to any other fine or restitution, if a person is convicted of or adjudicated delinquent for a violation of chapter 34 of this title, [FN1] the court may order the person to pay a fine in one of the following amounts:

1. For a first offense, at least one thousand dollars.

2. For a second or subsequent offense, at least two thousand dollars.

B. The court may suspend the imposition of a fine pursuant to this section if the person agrees to enter a residential drug rehabilitation program approved by the court and to pay for all or a part of the costs associated with the rehabilitation program. On successfully completing the program, the person may apply to the court for a reduction in the amount of the fine imposed pursuant to this section. If the person establishes to the satisfaction of the court that the person successfully completed the program, the court may reduce the fine by the amount the person paid to participate in the rehabilitation program. If the person fails to complete the program, the court shall enforce the collection of the entire fine that was imposed pursuant to subsection A.

C. The court shall transmit the monies collected pursuant to this section to the supreme court for the purpose of providing drug treatment services to adult probationers through the community punishment program established in title 12, chapter 2, article 11. [FN2]

CREDIT(S)

Added by Laws 1996, Ch. 350, § 3.

[FN1] Section 13-3401 et seq.

[FN2] Section 12-299 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-822

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§ 13-822. Effective programs to prevent and detect violations of law; fines

A. If based on any evidence or information introduced or submitted to the court before sentencing or on any evidence that was previously heard at trial the court finds by a preponderance of the evidence that an enterprise had an effective program to prevent and detect violations of law in effect at the time the offense was committed, the court shall set forth on the record its factual findings and the reasons in support of its findings and shall reduce the fine imposed pursuant to § 13-803, if any, by twenty-five per cent.

B. An effective program to prevent and detect violations of law requires at a minimum that the enterprise does the following:

1. Establish compliance standards and procedures to be followed by its employees and other agents that are reasonably capable of reducing the prospect of violations of law.

2. Assign specific high-level personnel within the enterprise overall responsibility to oversee compliance with the standards and procedures.

3. Use due care not to delegate substantial discretionary authority to individuals whom the enterprise knows, or should know through the exercise of due diligence, have a propensity to engage in illegal activities.

4. Take steps to communicate effectively its standards and procedures to all employees and other agents, including requiring participation in training programs or disseminating publications that explain in a practical manner what is required.

5. Take reasonable steps to achieve compliance with its standards, including the use of monitoring and auditing systems reasonably designed to detect violations of law by its employees and other agents and having in place and publicizing a reporting system where employees and other agents can report violations of law by others within the enterprise without fear of retribution.

6. Consistently enforce the standards through appropriate disciplinary mechanisms, including, as appropriate, discipline of individuals responsible for the failure to detect a violation.

7. After a violation is detected, take all reasonable steps to respond appropriately to the violation and to prevent further similar violations, including any necessary modifications to its program to prevent and detect violations of law.

C. Relevant factors for determining precise actions necessary for an effective program to prevent and detect violations of law include:

1. The size of the enterprise.

2. The likelihood that certain violations may occur because of the nature of the enterprise's business.

3. The prior history of the enterprise.

D. The failure of an enterprise to incorporate and follow applicable industry practice or the standards called for by any applicable governmental rule weighs against a finding of an effective program to prevent and detect violations of law.

E. An enterprise's failure to prevent or detect violations of law, by itself, does not mean that the program is not effective if the court finds that the enterprise exercised due diligence in establishing and maintaining its program at the time the acts constituting the offense were committed.

F. This section does not apply if any of the following applies:

1. A high managerial agent of the enterprise, a unit of the enterprise with two hundred or more employees and within which the offense was committed or an individual who is responsible for the administration or enforcement of a program to prevent and detect violations of law participated in, condoned or was wilfully ignorant of the offense. It is a rebuttable presumption that the enterprise did not have an effective program to prevent and detect violations of law if an individual with substantial supervisory authority participates in an offense.

2. After becoming aware of an offense, the enterprise unreasonably delayed reporting the offense to the appropriate governmental authorities. An enterprise shall report an offense within seventy-two hours.

3. The enterprise wilfully obstructed or impeded, attempted to obstruct or impede or aided, abetted or encouraged the obstruction of justice during the investigation, prosecution or sentencing of the offense or, with knowledge of the offense, failed to take reasonable steps to prevent the obstruction or impediment or the attempted obstruction or impediment.

4. If the offense is discovered by the government before disclosure by the enterprise unless, under the circumstances of the offense, no high managerial agent knew or could reasonably have known of the conduct constituting the offense.

CREDIT(S)

Added by Laws 2000, Ch. 172, § 2.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-822.01

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§ 13-822.01. Renumbered as § 13-823

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-823

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§ 13-823. Dangerous and repeat enterprise offenders; fines

A. Whether or not an enterprise maintains an effective program to prevent and detect violations of law pursuant to § 13-822, the court may subject an enterprise to five times the maximum fine authorized by § 13-803 if based on any evidence that was introduced before sentencing or that was heard at trial the court finds by a preponderance of the evidence that any of the following applies to the commission of the offense:

1. The offense violated a judicial or administrative order or injunction, other than a violation of a condition of probation or that the enterprise or a separately managed line of business violated a condition of probation by engaging in misconduct similar to that for which it was placed on probation.

2. The offense involved conduct that was malicious or wanton.

3. The offense involved conduct that posed an imminent and substantial hazard to human health or to the environment or resulted in serious actual harm to human health or to the environment and the enterprise continued the conduct after receiving notice.

B. For the purposes of this section, an enterprise is deemed to have received notice if an officer, director or high managerial agent has actual knowledge that the enterprise is engaging in the conduct that constitutes a violation of law and the officer, director or high managerial agent knows or is recklessly indifferent to the fact that the conduct is or may be harmful.

CREDIT(S)

Added as § 13-822.01 by Laws 2000, Ch. 172, § 2. Renumbered as § 13-823.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-824

Effective: August 2, 2012

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§ 13-824. Renumbered as § 12-116.07

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-825

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§§ 13-825 to 13-827. Renumbered as §§ 13-3616 to 13-3618

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-826

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§§ 13-825 to 13-827. Renumbered as §§ 13-3616 to 13-3618

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-827

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§§ 13-825 to 13-827. Renumbered as §§ 13-3616 to 13-3618

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-841

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§ 13-841. Repealed by Laws 1977, Ch. 142, § 26, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-842

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§ 13-842. Renumbered as § 13-3619

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-842.01

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§ 13-842.01. Renumbered as § 13-3620

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-843

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§ 13-843. Renumbered as § 13-3621

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-844

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§ 13-844. Renumbered as § 13-3622

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-845

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§ 13-845. Repealed by Laws 1977, Ch. 142, § 26, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-861

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§§ 13-861 to 13-864. Repealed by Laws 1977, Ch. 142, § 27, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-862

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§§ 13-861 to 13-864. Repealed by Laws 1977, Ch. 142, § 27, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-863

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§§ 13-861 to 13-864. Repealed by Laws 1977, Ch. 142, § 27, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-864

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§§ 13-861 to 13-864. Repealed by Laws 1977, Ch. 142, § 27, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-881

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§§ 13-881 to 13-885. Repealed by Laws 1977, Ch. 142, § 28, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-882

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§§ 13-881 to 13-885. Repealed by Laws 1977, Ch. 142, § 28, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-883

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§§ 13-881 to 13-885. Repealed by Laws 1977, Ch. 142, § 28, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-884

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§§ 13-881 to 13-885. Repealed by Laws 1977, Ch. 142, § 28, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-885

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§§ 13-881 to 13-885. Repealed by Laws 1977, Ch. 142, § 28, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-886

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§§ 13-886 to 13-889. Renumbered as §§ 13-2912 to 13-2915

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-887

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§§ 13-886 to 13-889. Renumbered as §§ 13-2912 to 13-2915

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-888

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§§ 13-886 to 13-889. Renumbered as §§ 13-2912 to 13-2915

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-889

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§§ 13-886 to 13-889. Renumbered as §§ 13-2912 to 13-2915

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-890

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§§ 13-890 to 13-894. Repealed by Laws 1977, Ch. 142, § 28, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-891

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§§ 13-890 to 13-894. Repealed by Laws 1977, Ch. 142, § 28, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-892

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§§ 13-890 to 13-894. Repealed by Laws 1977, Ch. 142, § 28, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-893

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§§ 13-890 to 13-894. Repealed by Laws 1977, Ch. 142, § 28, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-894

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§§ 13-890 to 13-894. Repealed by Laws 1977, Ch. 142, § 28, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-895

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 8. Restitution and Fines (Refs & Annos)

§ 13-895. Renumbered as § 13-2916

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 9, Refs & Annos

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 9. Probation and Restoration of Civil Rights

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-901

Effective: July 29, 2010

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 9. Probation and Restoration of Civil Rights (Refs & Annos)

§ 13-901. Probation

A. If a person who has been convicted of an offense is eligible for probation, the court may suspend the imposition or execution of sentence and, if so, shall without delay place the person on intensive probation supervision pursuant to § 13-913 or supervised or unsupervised probation on such terms and conditions as the law requires and the court deems appropriate, including participation in any programs authorized in title 12, chapter 2, article 11. [FN1] If a person is not eligible for probation, imposition or execution of sentence shall not be suspended or delayed. If the court imposes probation, it may also impose a fine as authorized by chapter 8 of this title. [FN2] If probation is granted the court shall impose a condition that the person waive extradition for any probation revocation procedures and it shall order restitution pursuant to § 13-603, subsection C where there is a victim who has suffered economic loss. When granting probation to an adult the court, as a condition of probation, shall assess a monthly fee of not less than sixty-five dollars unless, after determining the inability of the probationer to pay the fee, the court assesses a lesser fee. This fee is not subject to any surcharge. In justice and municipal courts the fee shall only be assessed when the person is placed on supervised probation. For persons placed on probation in the superior court, the fee shall be paid to the clerk of the superior court and the clerk of the court shall pay all monies collected from this fee to the county treasurer for deposit in the adult probation services fund established by § 12-267. For persons placed on supervised probation in the justice court, the fee shall be paid to the justice court and the justice court shall transmit all of the monies to the county treasurer for deposit in the adult probation services fund established by § 12-267. For persons placed on supervised probation in the municipal court, the fee shall be paid to the municipal court. The municipal court shall transmit all of the monies to the city treasurer who shall transmit the monies to the county treasurer for deposit in the adult probation services fund established by § 12-267. Any amount assessed pursuant to this subsection shall be used to supplement monies used for the salaries of adult probation and surveillance officers and for support of programs and services of the superior court adult probation departments.

B. The period of probation shall be determined according to § 13-902, except that if a person is released pursuant to § 31-233, subsection B and community supervision is waived pursuant to § 13-603, subsection K, the court shall extend the period of probation by the amount of time the director of the state department of corrections approves for the inmate's temporary release.

C. The court, in its discretion, may issue a warrant for the rearrest of the defendant and may modify or add to the conditions or, if the defendant commits an additional offense or violates a condition, may revoke probation in accordance with the rules of criminal procedure at any time before the expiration or termination of the period of probation. If the court revokes the defendant's probation and the defendant is serving more than one probationary term concurrently, the court may sentence the person to terms of imprisonment to be served consecutively.

D. At any time during the probationary term of the person released on probation, any probation officer, without warrant or other process and at any time until the final disposition of the case, may rearrest any person and bring the person before the court.

E. The court, on its own initiative or on application of the probationer, after notice and an opportunity to be heard for the prosecuting attorney and, on request, the victim, may terminate the period of probation or intensive probation and discharge the defendant at a time earlier than that originally imposed if in the court's opinion the ends of justice will be served and if the conduct of the defendant on probation warrants it.

F. When granting probation the court may require that the defendant be imprisoned in the county jail at whatever time or intervals, consecutive or nonconsecutive, the court shall determine, within the period of probation, as long as the period actually spent in confinement does not exceed one year or the maximum period of imprisonment permitted under chapter 7 of this title, [FN3] whichever is the shorter.

G. If the defendant is placed on lifetime probation and has served one year in the county jail as a term of probation, the court may require that the defendant be additionally imprisoned in the county jail at whatever time or intervals, consecutive or nonconsecutive, the court shall determine, within the period of probation if the defendant's probation is revoked by the court and the defendant is subsequently reinstated on probation. The period actually spent in confinement as a term of being reinstated on probation shall not exceed one year or when including the initial one year period of incarceration imposed as a term of probation, the maximum period of imprisonment permitted under chapter 7 of this title, whichever is the shorter.

H. If restitution is made a condition of probation, the court shall fix the amount of restitution and the manner of performance pursuant to chapter 8 of this title.

I. When granting probation, the court shall set forth at the time of sentencing and on the record the factual and legal reasons in support of each sentence.

J. If the defendant meets the criteria set forth in § 13-901.01 or 13-3422, the court may place the defendant on probation pursuant to either section. If a defendant is placed on probation pursuant to § 13-901.01 or 13-3422, the court may impose any term of probation that is authorized pursuant to this section and that is not in violation of § 13-901.01.

CREDIT(S)

Added as § 13-801 by Laws 1977, Ch. 142, § 49, eff. Oct. 1, 1978. Renumbered as § 13-901 and amended by Laws 1978, Ch. 201, §§ 116, 117, eff. Oct. 1, 1978. Amended by Laws 1979, Ch. 10, § 1; Laws 1980, Ch. 229, § 11, eff. April 23, 1980; Laws 1981, Ch. 223, § 5; Laws 1982, Ch. 177, § 2; Laws 1984, 1st S.S., Ch. 16, § 4, eff. July 1, 1984; Laws 1987, Ch. 21, § 1; Laws 1988, Ch. 324, § 6; Laws 1989, Ch. 18, § 2, eff. April 12, 1989; Laws 1993, Ch. 254, § 5; Laws 1995, Ch. 192, § 5, eff. Oct. 1, 1995; Laws 1996, Ch. 257, § 1; Laws 1997, Ch. 79, § 19, eff. Jan. 1, 1998; Laws 1997, Ch. 104, § 1; Laws 1998, Ch. 287, § 1; Laws 2002, Ch. 291, § 8; Laws 2006, Ch. 182, § 1; Laws 2009, Ch. 125, § 1, eff. July 13, 2009; Laws 2009, 1st S.S., Ch. 5, § 2; Laws 2009, Ch. 125, § 1, eff. July 13, 2009; Laws 2010, Ch. 117, § 2; Laws 2010, Ch. 194, § 3; Laws 2010, Ch. 255, § 2.

[FN1] Section 12-299 et seq.

[FN2] Section 13-801 et seq.

[FN3] Section 13-701 et seq.

RETROACTIVE APPLICATION

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-901.01

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 9. Probation and Restoration of Civil Rights (Refs & Annos)

§ 13-901.01. Probation for persons convicted of possession or use of controlled substances or drug paraphernalia; treatment; prevention; education; exceptions; definition

A. Notwithstanding any law to the contrary, any person who is convicted of the personal possession or use of a controlled substance or drug paraphernalia is eligible for probation. The court shall suspend the imposition or execution of sentence and place the person on probation.

B. Any person who has been convicted of or indicted for a violent crime as defined in § 13-901.03 is not eligible for probation as provided for in this section but instead shall be sentenced pursuant to chapter 34 of this title. [FN1]

C. Personal possession or use of a controlled substance pursuant to this section shall not include possession for sale, production, manufacturing or transportation for sale of any controlled substance.

D. If a person is convicted of personal possession or use of a controlled substance or drug paraphernalia, as a condition of probation, the court shall require participation in an appropriate drug treatment or education program administered by a qualified agency or organization that provides such programs to persons who abuse controlled substances. Each person who is enrolled in a drug treatment or education program shall be required to pay for participation in the program to the extent of the person's financial ability.

E. A person who has been placed on probation pursuant to this section and who is determined by the court to be in violation of probation shall have new conditions of probation established by the court. The court shall select the additional conditions it deems necessary, including intensified drug treatment, community restitution, intensive probation, home arrest or any other sanctions except that the court shall not impose a term of incarceration unless the court determines that the person violated probation by committing an offense listed in chapter 34 or 34.1 of this title [FN2] or an act in violation of an order of the court relating to drug treatment.

F. If a person is convicted a second time of personal possession or use of a controlled substance or drug paraphernalia, the court may include additional conditions of probation it deems necessary, including intensified drug treatment, community restitution, intensive probation, home arrest or any other action within the jurisdiction of the court.

G. At any time while the defendant is on probation, if after having a reasonable opportunity to do so the defendant fails or refuses to participate in drug treatment, the probation department or the prosecutor may petition the court to revoke the defendant's probation. If the court finds that the defendant refused to participate in drug treatment, the defendant shall no longer be eligible for probation under this section but instead shall be sentenced pursuant to chapter 34 of this title.

H. A person is not eligible for probation under this section but instead shall be sentenced pursuant to chapter 34 of this title if the court finds the person either:

1. Had been convicted three times of personal possession of a controlled substance or drug paraphernalia.

2. Refused drug treatment as a term of probation.

3. Rejected probation.

4. Was convicted of the personal possession or use of a controlled substance or drug paraphernalia and the offense involved methamphetamine.

I. Subsections G and H of this section do not prohibit the defendant from being placed on probation pursuant to § 13-901 if the defendant otherwise qualifies for probation under that section.

J. For the purposes of this section, “controlled substance” has the same meaning prescribed in § 36-2501.

CREDIT(S)

Added by Initiative Measure approved election Nov. 5, 1996, eff. Dec. 6, 1996. Amended by Laws 1997, Ch. 246, § 1; Laws 1999, Ch. 261, § 11; Laws 2002, H.C.R. 2013 (Proposition 302), approved election Nov. 5, 2002, eff. Nov. 25, 2002; Laws 2005, Ch. 187, § 15, eff. Jan. 1, 2006; Laws 2006, S.C.R. 1033, § 1, approved election Nov. 7, 2006, eff. Dec. 7, 2006; Laws 2008, Ch. 301, § 42, eff. Jan. 1, 2009.

[FN1] Section 13-3401 et seq.

[FN2] Section 13-3451 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-901.02

Effective: November 24, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 9. Probation and Restoration of Civil Rights (Refs & Annos)

§ 13-901.02. Drug treatment and education fund

A. The drug treatment and education fund is established. The administrative office of the supreme court shall administer the fund.

B. Fifty per cent of the monies deposited in the drug treatment and education fund shall be distributed by the administrative office of the supreme court to the superior court probation departments to cover the costs of placing persons in drug education and treatment programs administered by a qualified agency or organization that provides such programs to persons who abuse controlled substances. Such monies shall be allocated to superior court probation departments according to a formula based on probation caseload to be established by the administrative office of the supreme court.

C. Fifty per cent of the monies deposited in the drug treatment and education fund shall be distributed to the Arizona parents commission on drug education and prevention established by § 41-1604.17.

D. The administrative office of the supreme court shall cause to be prepared at the end of each fiscal year after 1997 an accountability report card that details the cost savings realized from the diversion of persons from prisons to probation. A copy of the report shall be submitted to the governor and the legislature, and a copy of the report shall be sent to each public library in the state. Beginning July 1, 2011, the report shall be submitted electronically. The administrative office of the supreme court shall receive reimbursement from the drug treatment and education fund for any administrative costs it incurs in the implementation of this section.

CREDIT(S)

Added by Initiative Measure approved election Nov. 5, 1996, eff. Dec. 6, 1996. Amended by Laws 1997, Ch. 246, § 2; Laws 2009, 3rd S.S., Ch. 6, § 6.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-901.03

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 9. Probation and Restoration of Civil Rights (Refs & Annos)

§ 13-901.03. Violent crimes; allegation; definition

A. The allegation that the defendant committed a violent crime shall be charged in the indictment or information and admitted or found by the court. The court shall allow the allegation that the defendant committed a violent crime at any time before the date the case is actually tried unless the allegation is filed fewer than twenty days before the case is actually tried and the court finds on the record that the defendant was in fact prejudiced by the untimely filing and states the reasons for these findings.

B. For the purpose of this section, “violent crime” includes any criminal act that results in death or physical injury or any criminal use of a deadly weapon or dangerous instrument.

CREDIT(S)

Added as § 13-604.04 by Laws 1997, Ch. 6, § 1, eff. March 6, 1997. Renumbered as § 13-901.03 by Laws 2008, Ch. 301, § 19, eff. Jan. 1, 2009.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-902

Effective: July 29, 2010

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 9. Probation and Restoration of Civil Rights (Refs & Annos)

§ 13-902. Periods of probation; monitoring; fees

A. Unless terminated sooner, probation may continue for the following periods:

1. For a class 2 felony, seven years.

2. For a class 3 felony, five years.

3. For a class 4 felony, four years.

4. For a class 5 or 6 felony, three years.

5. For a class 1 misdemeanor, three years.

6. For a class 2 misdemeanor, two years.

7. For a class 3 misdemeanor, one year.

B. Notwithstanding subsection A of this section, unless terminated sooner, probation may continue for the following periods:

1. For a violation of § 28-1381 or 28-1382, five years.

2. For a violation of § 28-1383, ten years.

C. When the court has required, as a condition of probation, that the defendant make restitution for any economic loss related to the defendant's offense and that condition has not been satisfied, the court at any time before the termination or expiration of probation may extend the period within the following limits:

1. For a felony, not more than five years.

2. For a misdemeanor, not more than two years.

D. Notwithstanding any other provision of law, justice courts and municipal courts may impose the probation periods specified in subsection A, paragraphs 5, 6 and 7 and subsection B, paragraph 1 of this section.

E. After conviction of a felony offense or an attempt to commit any offense that is included in chapter 14 or 35.1 of this title [FN1] or § 13-2308.01, 13-2923 or 13-3623, if probation is available, probation may continue for a term of not less than the term that is specified in subsection A of this section up to and including life and that the court believes is appropriate for the ends of justice.

F. After conviction of a violation of § 13-3824, subsection A, if a term of probation is imposed and the offense for which the person was required to register was a felony, probation may continue for a term of not less than the term that is specified in subsection A of this section up to and including life and that the court believes is appropriate for the ends of justice.

G. If a person is convicted on or after November 1, 2006 of a dangerous crime against children as defined in § 13-705, a term of probation is imposed, the person is required to register pursuant to § 13-3821 and the person is classified as a level three offender pursuant to §§ 13-3825 and 13-3826, the court shall require global position system or electronic monitoring for the duration of the term of probation. The court may impose a fee on the probationer to offset the cost of the monitoring device required by this subsection. The fee shall be deposited in the adult probation services fund pursuant to § 12-267, subsection A, paragraph 3. This subsection does not preclude global position system or electronic monitoring of any other person who is serving a term of probation.

CREDIT(S)

Added as § 13-802 by Laws 1977, Ch. 142, § 49, eff. Oct. 1, 1978. Renumbered as § 13-902 and amended by Laws 1978, Ch. 201, §§ 116, 118, eff. Oct. 1, 1978. Amended by Laws 1988, Ch. 66, § 2; Laws 1993, Ch. 223, § 4; Laws 1993, Ch. 255, § 17, eff. Jan. 1, 1994; Laws 1994, Ch. 317, § 4; Laws 1995, Ch. 257, § 2; Laws 1997, Ch. 1, § 30, eff. Oct. 1, 1997; Laws 1997, Ch. 179, § 2; Laws 1998, Ch. 289, § 5; Laws 1998, Ch. 302, § 11, eff. Dec. 1, 1998; Laws 2002, Ch. 219, § 7; Laws 2005, Ch. 320, § 1; Laws 2006, Ch. 368, § 1, eff. June 21, 2006; Laws 2007, Ch. 290, § 4; Laws 2008, Ch. 286, § 10; Laws 2008, Ch. 301, § 43, eff. Jan. 1, 2009; Laws 2009, Ch. 125, § 2, eff. July 13, 2009; Laws 2010, Ch. 194, § 5.

[FN1] Sections 13-1401 et seq., 13-3551 et seq.

APPLICATION

<“Sec. 99. Applicability>

<“The provisions of §§ 1 through 86 and §§ 89 through 95 of this act apply only to persons who commit a felony offense after the effective date of this act.”>

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-903

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 9. Probation and Restoration of Civil Rights (Refs & Annos)

§ 13-903. Calculation of periods of probation

A. A period of probation commences on the day it is imposed or as designated by the court, and an extended period of probation commences on the day the original period lapses.

B. If a court determines that the defendant violated a condition of the defendant's probation but reinstates probation, the period between the date of the violation and the date of restoration of probation is not computed as part of the period of probation. If it is determined that the defendant is not a violator, there is no interruption of the period.

C. The running of the period of probation shall cease during the unauthorized absence of the defendant from the jurisdiction or from any required supervision and shall resume only upon the defendant's voluntary or involuntary return to the probation service.

D. The running of the period of probation shall cease during the period from the filing of the petition to revoke probation to the termination of revocation of probation proceedings, except that if a court determines that the defendant is not a violator, there is no interruption of the period of probation.

E. If probation is imposed on one who at the time is serving a sentence of imprisonment imposed on a different conviction, service of the sentence of imprisonment shall not satisfy the probation.

F. Time spent in custody under § 13-901, subsection F shall be credited to any sentence of imprisonment imposed upon revocation of probation.

CREDIT(S)

Added as § 13-803 by Laws 1977, Ch. 142, § 49, eff. Oct. 1, 1978. Renumbered as § 13-903 and amended by Laws 1978, Ch. 201, §§ 116, 119, eff. Oct. 1, 1978. Amended by Laws 1987, Ch. 119, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-904

Effective: September 21, 2006

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 9. Probation and Restoration of Civil Rights (Refs & Annos)

§ 13-904. Suspension of civil rights and occupational disabilities

A. A conviction for a felony suspends the following civil rights of the person sentenced:

1. The right to vote.

2. The right to hold public office of trust or profit.

3. The right to serve as a juror.

4. During any period of imprisonment any other civil rights the suspension of which is reasonably necessary for the security of the institution in which the person sentenced is confined or for the reasonable protection of the public.

5. The right to possess a gun or firearm.

B. Persons sentenced to imprisonment shall not thereby be rendered incompetent as witnesses upon the trial of a criminal action or proceeding, or incapable of making and acknowledging a sale or conveyance of property.

C. A person sentenced to imprisonment is under the protection of the law, and any injury to his person, not authorized by law, is punishable in the same manner as if such person was not convicted and sentenced.

D. The conviction of a person for any offense shall not work forfeiture of any property, except if a forfeiture is expressly imposed by law. All forfeitures to the state, unless expressly imposed by law, are abolished.

E. A person shall not be disqualified from employment by this state or any of its agencies or political subdivisions, nor shall a person whose civil rights have been restored be disqualified to engage in any occupation for which a license, permit or certificate is required to be issued by this state solely because of a prior conviction for a felony or misdemeanor within or without this state. A person may be denied employment by this state or any of its agencies or political subdivisions or a person who has had his civil rights restored may be denied a license, permit or certificate to engage in an occupation by reason of the prior conviction of a felony or misdemeanor if the offense has a reasonable relationship to the functions of the employment or occupation for which the license, permit or certificate is sought.

F. Subsection E of this section is not applicable to any law enforcement agency.

G. Any complaints concerning a violation of subsection E of this section shall be adjudicated in accordance with the procedures set forth in title 41, chapter 6 [FN1] and title 12, chapter 7, article 6. [FN2]

H. A person who is adjudicated delinquent under § 8-341 for a felony does not have the right to carry or possess a gun or firearm.

CREDIT(S)

Added as § 13-804 by Laws 1977, Ch. 142, § 49, eff. Oct. 1, 1978. Renumbered as § 13-904 by Laws 1978, Ch. 201, § 116, eff. Oct. 1, 1978. Amended by Laws 1994, Ch. 200, § 5, eff. April 19, 1994; Laws 1994, Ch. 201, § 13; Laws 1997, Ch. 222, § 62, eff. July 1, 1998; Laws 2006, Ch. 221, § 2.

[FN1] Section 41-1001 et seq.

[FN2] Section 12-901 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-905

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 9. Probation and Restoration of Civil Rights (Refs & Annos)

§ 13-905. Restoration of civil rights; persons completing probation

B. On proper application, a person who has been discharged from probation either before or after adoption of this chapter may have any civil rights which were lost or suspended by the felony conviction restored by the superior court judge by whom the person was sentenced or the judge's successors in office from the county in which the person was originally convicted. The clerk of the superior court shall have the responsibility for processing the application on request of the person involved or the person's attorney. The superior court shall serve a copy of the application on the county attorney.

C. If the person was convicted of a dangerous offense under § 13-704, the person may not file for the restoration of the right to possess or carry a gun or firearm. If the person was convicted of a serious offense as defined in § 13-706 the person may not file for the restoration of the right to possess or carry a gun or firearm for ten years from the date of his discharge from probation. If the person was convicted of any other felony offense, the person may not file for the restoration of the right to possess or carry a gun or firearm for two years from the date of the person's discharge from probation.

CREDIT(S)

Added as § 13-1742 by Laws 1970, Ch. 221, § 1. Amended by Laws 1971, Ch. 159, § 1. Renumbered as § 13-805 and amended by Laws 1977, Ch. 142, § 50, eff. Oct. 1, 1978. Renumbered as § 13-905 by Laws 1978, Ch. 201, § 116, eff. Oct. 1, 1978. Amended by Laws 1994, Ch. 200, § 6, eff. April 19, 1994; Laws 1999, Ch. 261, § 12; Laws 2008, Ch. 301, § 44, eff. Jan. 1, 2009.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-906

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 9. Probation and Restoration of Civil Rights (Refs & Annos)

§ 13-906. Applications by persons discharged from prison

A. On proper application, a person who has been convicted of two or more felonies and who has received an absolute discharge from imprisonment may have any civil rights which were lost or suspended by his conviction restored by the superior court judge by whom the person was sentenced or the judge's successors in office from the county in which the person was originally sentenced.

B. A person who is subject to subsection A of this section may file, no sooner than two years from the date of his absolute discharge, an application for restoration of civil rights that shall be accompanied by a certificate of absolute discharge from the director of the state department of corrections. The clerk of the superior court that sentenced the applicant shall have the responsibility for processing applications for restoration of civil rights upon request of the person involved, the person's attorney or a representative of the state department of corrections. The superior court shall serve a copy of the application on the county attorney.

C. If the person was convicted of a dangerous offense under § 13-704, the person may not file for the restoration of the right to possess or carry a gun or firearm. If the person was convicted of a serious offense as defined in § 13-706, the person may not file for the restoration of the right to possess or carry a gun or firearm for ten years from the date of his absolute discharge from imprisonment. If the person was convicted of any other felony offense, the person may not file for the restoration of the right to possess or carry a gun or firearm for two years from the date of the person's absolute discharge from imprisonment.

CREDIT(S)

Added as § 13-1743 by Laws 1970, Ch. 221, § 1. Amended by Laws 1971, Ch. 159, § 2. Renumbered as § 13-806 and amended by Laws 1977, Ch. 142, § 51, eff. Oct. 1, 1978. Renumbered as § 13-906 by Laws 1978, Ch. 201, § 116, eff. Oct. 1, 1978. Amended by Laws 1994, Ch. 200, § 7, eff. April 19, 1994; Laws 1999, Ch. 261, § 13; Laws 2008, Ch. 301, § 45, eff. Jan. 1, 2009.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-907

Effective: July 20, 2011

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 9. Probation and Restoration of Civil Rights (Refs & Annos)

§ 13-907. Setting aside judgment of convicted person on discharge; application; release from disabilities; exceptions

A. Except as provided in subsection D of this section, every person convicted of a criminal offense, on fulfillment of the conditions of probation or sentence and discharge by the court, may apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation or such judge, justice of the peace or magistrate's successor in office to have the judgment of guilt set aside. The convicted person shall be informed of this right at the time of discharge.

B. The convicted person or, if authorized in writing, the convicted person's attorney or probation officer may apply to set aside the judgment.

C. If the judge, justice of the peace or magistrate grants the application, the judge, justice of the peace or magistrate shall set aside the judgment of guilt, dismiss the accusations or information and order that the person be released from all penalties and disabilities resulting from the conviction except those imposed by:

1. The department of transportation pursuant to § 28-3304, 28-3306, 28-3307, 28-3308 or 28-3319, except that the conviction may be used as a conviction if the conviction would be admissible had it not been set aside and may be pleaded and proved in any subsequent prosecution of such person by the state or any of its subdivisions for any offense or used by the department of transportation in enforcing § 28-3304, 28-3306, 28-3307, 28-3308 or 28-3319 as if the judgment of guilt had not been set aside.

2. The game and fish commission pursuant to § 17-314 or 17-340.

D. This section does not apply to a person who was convicted of a criminal offense:

1. Involving a dangerous offense.

2. For which the person is required or ordered by the court to register pursuant to § 13-3821.

3. For which there has been a finding of sexual motivation pursuant to § 13-118.

4. In which the victim is a minor under fifteen years of age.

5. In violation of § 28-3473, any local ordinance relating to stopping, standing or operation of a vehicle or title 28, chapter 3, [FN1] except a violation of § 28-693 or any local ordinance relating to the same subject matter as § 28-693.

CREDIT(S)

Added as § 13-1744 by Laws 1976, Ch. 111, § 10. Renumbered as § 13-807 by Laws 1977, Ch. 142, § 52, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 65, § 1, eff. May 23, 1978. Renumbered as § 13-907 by Laws 1978, Ch. 201, § 116, eff. Oct. 1, 1978. Amended by Laws 1982, Ch. 58, § 1; Laws 1985, Ch. 364, § 11, eff. May 16, 1985; Laws 1992, Ch. 330, § 9; Laws 1997, Ch. 1, § 31, eff. Oct. 1, 1997; Laws 2001, Ch. 109, § 1; Laws 2005, Ch. 313, § 1; Laws 2006, Ch. 238, § 2; Laws 2011, Ch. 90, § 5.

[FN1] Section 28-601 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-908

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 9. Probation and Restoration of Civil Rights (Refs & Annos)

§ 13-908. Restoration of civil rights in the discretion of the superior court judge

Except as provided in § 13-912, the restoration of civil rights and the dismissal of the accusation or information under the provisions of this chapter shall be in the discretion of the superior court judge by whom the person was sentenced or his successor in office.

CREDIT(S)

Added as § 13-1745 by Laws 1970, Ch. 221, § 1. Renumbered as § 13-808 and amended by Laws 1977, Ch. 142, § 53, eff. Oct. 1, 1978. Renumbered as § 13-908 and amended by Laws 1978, Ch. 201, §§ 116, 120, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-909

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 9. Probation and Restoration of Civil Rights (Refs & Annos)

§ 13-909. Restoration of civil rights; persons completing probation for federal offense

A. A person who has been convicted of two or more felonies and whose period of probation has been completed may have any civil rights which were lost or suspended by the felony conviction in a United States district court restored by the presiding judge of the superior court in the county in which the person now resides, on filing of an affidavit of discharge from the judge who discharged him at the end of the term of probation.

B. On proper application, a person who has been discharged from probation either before or after adoption of this chapter may have any civil rights which were lost or suspended by the felony conviction restored by an application filed with the clerk of the superior court in the county in which the person now resides. The clerk of the superior court shall process the application on request of the person involved or the person's attorney.

C. If the person was convicted of an offense which would be a dangerous offense under § 13-704, the person may not file for the restoration of the right to possess or carry a gun or firearm. If the person was convicted of an offense which would be a serious offense as defined in § 13-706 the person may not file for the restoration of the right to possess or carry a gun or firearm for ten years from the date of the person's discharge from probation. If the person was convicted of any other felony offense, the person may not file for the restoration of his right to possess or carry a gun or firearm for two years from the date of his discharge from probation.

CREDIT(S)

Added as § 13-1752 by Laws 1971, Ch. 159, § 3. Renumbered as § 13-809 and amended by Laws 1977, Ch. 142, § 54, eff. Oct. 1, 1978. Renumbered as § 13-909 by Laws 1978, Ch. 201, § 116, eff. Oct. 1, 1978. Amended by Laws 1994, Ch. 200, § 8, eff. April 19, 1994; Laws 1999, Ch. 261, § 14; Laws 2008, Ch. 301, § 46, eff. Jan. 1, 2009.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-910

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 9. Probation and Restoration of Civil Rights (Refs & Annos)

§ 13-910. Applications by persons discharged from federal prison

A. On proper application, a person who has been convicted of two or more felonies and who has received an absolute discharge from imprisonment in a federal prison may have any civil rights which were lost or suspended by the conviction restored by the presiding judge of the superior court in the county in which the person now resides.

B. A person who is subject to subsection A of this section may file, no sooner than two years from the date of his absolute discharge, an application for restoration of civil rights that shall be accompanied by a certificate of absolute discharge from the director of the federal bureau of prisons, unless it is shown to be impossible to obtain such certificate. Such application shall be filed with the clerk of the superior court in the county in which the person now resides, and such clerk shall be responsible for processing applications for restoration of civil rights upon request of the person involved or the person's attorney.

C. If the person was convicted of an offense which would be a dangerous offense under § 13-704, the person may not file for the restoration of the right to possess or carry a gun or firearm. If the person was convicted of an offense which would be a serious offense as defined in § 13-706, the person may not file for the restoration of the right to possess or carry a gun or firearm for ten years from the date of the person's absolute discharge from imprisonment. If the person was convicted of any other felony offense, the person may not file for the restoration of the right to possess or carry a gun or firearm for two years from the date of the person's absolute discharge from imprisonment.

CREDIT(S)

Added as § 13-1753 by Laws 1971, Ch. 159, § 3. Renumbered as § 13-810 and amended by Laws 1977, Ch. 142, § 55, eff. Oct. 1, 1978. Renumbered as § 13-910 by Laws 1978, Ch. 201, § 116, eff. Oct. 1, 1978. Amended by Laws 1994, Ch. 200, § 9, eff. April 19, 1994; Laws 1999, Ch. 261, § 15; Laws 2008, Ch. 301, § 47, eff. Jan. 1, 2009.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-911

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 9. Probation and Restoration of Civil Rights (Refs & Annos)

§ 13-911. Restoration of civil rights in the discretion of the presiding judge of the superior court

The restoration of civil rights under provisions of §§ 13-909 or 13-910 is within the discretion of the presiding judge of the superior court in the county in which the person resides.

CREDIT(S)

Added as § 13-1754 by Laws 1971, Ch. 159, § 3. Renumbered as § 13-811 and amended by Laws 1977, Ch. 142, § 56, eff. Oct. 1, 1978. Renumbered as § 13-911 and amended by Laws 1978, Ch. 201, §§ 116, 121, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-912

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 9. Probation and Restoration of Civil Rights (Refs & Annos)

§ 13-912. Restoration of civil rights for first offenders; exception

A. Any person who has not previously been convicted of any other felony shall automatically be restored any civil rights that were lost or suspended by the conviction if the person both:

1. Completes a term of probation or receives an absolute discharge from imprisonment.

2. Pays any fine or restitution imposed.

B. This section does not apply to a person's right to possess weapons as defined in § 13-3101 unless the person applies to a court pursuant to section 13-905 or 13-906.

CREDIT(S)

Added as § 13-812 by Laws 1977, Ch. 142, § 49, eff. Oct. 1, 1978. Renumbered as § 13-912 by Laws 1978, Ch. 201, § 116, eff. Oct. 1, 1978. Amended by Laws 1988, Ch. 240, § 1. Amended by Laws 2002, Ch. 181, § 2; Laws 2004, Ch. 29, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-912.01

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 9. Probation and Restoration of Civil Rights (Refs & Annos)

§ 13-912.01. Restoration of civil rights; persons adjudicated delinquent

A. A person who was adjudicated delinquent and whose period of probation has been completed may have the right to possess or carry a gun or firearm restored by the judge who discharges the person at the end of the person's term of probation.

B. A person who was adjudicated delinquent and who has been discharged from probation, on proper application, may have the right to carry or possess a gun or firearm restored by the judge of the juvenile court in the county where the person was adjudicated delinquent or the judge's successors. The clerk of the superior court shall process the application on the request of the person involved or the person's attorney. The applicant shall serve a copy of the application on the county attorney.

C. If the person's adjudication was for a dangerous offense under § 13-704, a serious offense as defined in § 13-706, burglary in the first degree, burglary in the second degree or arson, the person may not file for the restoration of the right to possess or carry a gun or firearm until the person attains thirty years of age. If the person's adjudication was for any other felony offense, the person may not file for the restoration of the right to possess or carry a gun or firearm for two years from the date of the person's discharge.

CREDIT(S)

Added by Laws 1994, Ch. 201, § 14. Amended by Laws 2008, Ch. 301, § 48, eff. Jan. 1, 2009.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-913

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 9. Probation and Restoration of Civil Rights (Refs & Annos)

§ 13-913. Definition of intensive probation

In this chapter, unless the context otherwise requires, “intensive probation” means a program established pursuant to this chapter of highly structured and closely supervised probation which emphasizes the payment of restitution.

CREDIT(S)

Added as § 12-291 by Laws 1984, 1st S.S., Ch. 11, § 1, eff. July 1, 1985. Renumbered as § 13-913 and amended by Laws 1989, Ch. 18, §§ 1, 3, eff. April 12, 1989.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-914

Effective: November 24, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 9. Probation and Restoration of Civil Rights (Refs & Annos)

§ 13-914. Intensive probation; evaluation; sentence; criteria; limit; conditions

A. An adult probation officer shall prepare a presentence report for every offender who has either:

1. Been convicted of a felony and for whom the granting of probation is not prohibited by law.

2. Violated probation by commission of a technical violation that was not chargeable or indictable as a criminal offense.

B. The adult probation officer shall evaluate the needs of the offender and the offender's risk to the community, including the nature of the offense and criminal history of the offender. If the nature of the offense and the prior criminal history of the offender indicate that the offender should be included in an intensive probation program pursuant to supreme court guidelines for intensive probation, the adult probation officer may recommend to the court that the offender be granted intensive probation.

C. The court may suspend the imposition or execution of the sentence and grant the offender a period of intensive probation in accordance with this chapter. Except for sentences that are imposed pursuant to § 13-3601, the sentence is tentative to the extent that it may be altered or revoked pursuant to this chapter, but for all other purposes it is a final judgment of conviction. This subsection does not preclude the court from imposing a term of intensive probation pursuant to § 13-3601.

D. When granting intensive probation the court shall set forth on the record the factual and legal reasons in support of the sentence.

E. Intensive probation shall be conditioned on the offender:

1. Maintaining employment or maintaining full-time student status at a school subject to title 15 [FN1] or title 32, chapter 30 [FN2] and making progress deemed satisfactory to the probation officer, or both, or being involved in supervised job searches and community restitution work at least six days a week throughout the offender's term of intensive probation.

2. Paying restitution and probation fees of not less than seventy-five dollars unless, after determining the inability of the offender to pay the fee, the court assesses a lesser fee. Probation fees shall be deposited in the adult probation services fund established by § 12-267. Any amount assessed pursuant to this paragraph shall be used to supplement monies used for the salaries of adult probation and surveillance officers and for support of programs and services of the superior court adult probation departments.

3. Establishing a residence at a place approved by the intensive probation team and not changing the offender's residence without the team's prior approval.

4. Remaining at the offender's place of residence at all times except to go to work, to attend school, to perform community restitution and as specifically allowed in each instance by the adult probation officer.

5. Allowing administration of drug and alcohol tests if requested by a member of the intensive probation team.

6. Performing not less than forty hours of community restitution each month. Full-time students may be exempted or required to perform fewer hours of community restitution. For good cause, the court may reduce the number of community restitution hours performed to not less than twenty hours each month.

7. Meeting any other conditions imposed by the court to meet the needs of the offender and limit the risks to the community, including participation in a program of community punishment authorized in title 12, chapter 2, article 11. [FN3]

CREDIT(S)

Added as § 12-292 by Laws 1984, 1st S.S., Ch. 11, § 1, eff. July 1, 1985. Amended by Laws 1986, Ch. 208, § 1; Laws 1988, Ch. 324, § 1. Renumbered as § 13-914 and amended by Laws 1989, Ch. 18, §§ 1, 4, eff. April 12, 1989. Amended by Laws 1995, Ch. 192, § 6, eff. Oct. 1, 1995; Laws 1998, Ch. 111, § 1; Laws 1998, Ch. 294, § 4; Laws 2002, Ch. 291, § 9; Laws 2005, Ch. 187, § 16, eff. Jan. 1, 2006; Laws 2009, 3rd S.S., Ch. 6, § 7.

[FN1] Section 15-101 et seq.

[FN2] Section 32-3001 et seq.

[FN3] Section 12-299 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-915

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 9. Probation and Restoration of Civil Rights (Refs & Annos)

§ 13-915. Repealed by Laws 1996, Ch. 257, § 2

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-916

Effective: November 24, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 9. Probation and Restoration of Civil Rights (Refs & Annos)

§ 13-916. Intensive probation teams; adult probation officer qualifications; duties; case load limit

A. The chief adult probation officer in each county, with approval of the presiding judge of the superior court, shall appoint intensive probation teams consisting of one adult probation officer and one surveillance officer, two adult probation officers or one adult probation officer and two surveillance officers.

B. A two person intensive probation team shall supervise no more than twenty-five persons at one time, and a three person intensive probation team shall supervise no more than forty persons at one time.

C. The adult probation officers shall meet the bonding requirements and experience and education standards established pursuant to § 12-251.

D. The intensive probation team may serve warrants on, make arrests of and bring before the court persons who have violated the terms of intensive probation.

E. The adult probation and surveillance officers both have the authority of a peace officer in the performance of their duties but are not eligible to participate in the public safety personnel retirement system.

F. The intensive probation team shall:

1. Secure and keep a complete identification record of each person supervised by the team and a written statement of the conditions of the probation.

2. Exercise close supervision and observation over persons sentenced to intensive probation including both of the following:

(a) Visual contact with each probationer at least four times per week.

(b) Weekly contact with the employer of the probationer.

3. Obtain and assemble information concerning the conduct of persons sentenced to intensive probation, including weekly arrest records, and report the information to the court.

4. Report to the court if the probationer engages in conduct constituting an offense.

5. Bring a defaulting probationer into court if, in the judgment of the adult probation officer, the probationer's conduct justifies revoking the intensive probation.

6. Monitor the payment of restitution and probation fees and bring into court any probationer who fails to pay restitution or fees.

7. Perform any other responsibilities required by the terms and conditions imposed by the court.

CREDIT(S)

Added as § 12-293 by Laws 1984, 1st S.S., Ch. 11, § 1, eff. July 1, 1985. Amended by Laws 1988, Ch. 324, § 2. Renumbered as § 13-916 and amended by Laws 1989, Ch. 18, §§ 1, 6, eff. April 12, 1989; Laws 2009, 3rd S.S., Ch. 6, § 8.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-917

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 9. Probation and Restoration of Civil Rights (Refs & Annos)

§ 13-917. Modification of supervision

A. The adult probation officer shall periodically examine the needs of each person granted intensive probation and the risks of modifying the level of supervision of the person. The court may at any time modify the level of supervision of a person granted intensive probation, or may transfer the person to supervised probation or terminate the period of intensive probation pursuant to § 13-901, subsection E.

B. The court may issue a warrant for the arrest of a person granted intensive probation. If the person commits an additional offense or violates a condition of probation, the court may revoke intensive probation at any time before the expiration or termination of the period of intensive probation. If a petition to revoke the period of intensive probation is filed and the court finds that the person has committed an additional felony offense or has violated a condition of intensive probation which poses a serious threat or danger to the community, the court shall revoke the period of intensive probation and impose a term of imprisonment as authorized by law. If the court finds that the person has violated any other condition of intensive probation, it shall modify the conditions of intensive probation as appropriate or shall revoke the period of intensive probation and impose a term of imprisonment as authorized by law.

C. The court shall notify the prosecuting attorney, and the victim on request, of any proposed modification of a person's intensive probation if that modification will substantially affect the person's contact with or safety of the victim or if the modification involves restitution or incarceration status.

CREDIT(S)

Added as § 12-294 by Laws 1984, 1st S.S., Ch. 11, § 1, eff. July 1, 1985. Amended by Laws 1988, Ch. 324, § 3. Renumbered as § 13-917 and amended by Laws 1989, Ch. 18, §§ 1, 7, eff. April 12, 1989. Amended by Laws 1992, Ch. 209, § 3.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-917.01

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 9. Probation and Restoration of Civil Rights (Refs & Annos)

§§ 13-917.01, 13-917.02. Renumbered as §§ 13-3107, 13-3108

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-917.02

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 9. Probation and Restoration of Civil Rights (Refs & Annos)

§§ 13-917.01, 13-917.02. Renumbered as §§ 13-3107, 13-3108

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-918

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 9. Probation and Restoration of Civil Rights (Refs & Annos)

§ 13-918. Employment; distribution of wages

A. The intensive probation team shall assist each person under its supervision in obtaining employment.

B. The person's wages shall be paid directly to an account established by the chief adult probation officer from which the chief adult probation officer shall make payments for restitution, probation fees, fines and other payments. The balance of the monies shall be placed in an account to be used for or paid to the person or his immediate family in a manner and in such amounts as determined by the chief adult probation officer or the court. Any monies remaining in the account at the time the person successfully completes probation shall be paid to the person.

CREDIT(S)

Added as § 12-295 by Laws 1984, 1st S.S., Ch. 11, § 1, eff. July 1, 1985. Amended by Laws 1988, Ch. 324, § 4. Renumbered as § 13-918 by Laws 1989, Ch. 18, § 1, eff. April 12, 1989.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-919

Effective: July 20, 2011

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 9. Probation and Restoration of Civil Rights (Refs & Annos)

§ 13-919. Waiver of standards

The requirements of § 13-916, subsection A, subsection B and subsection F, paragraph 2 may be waived for a county if the case load of adult probation officers supervising persons on intensive probation is not more than fifteen persons and the program requires visual contact with each probationer at least one time a week.

CREDIT(S)

Added as § 12-296 by Laws 1984, 1st S.S., Ch. 11, § 1, eff. July 1, 1985. Renumbered as § 13-919 and amended by Laws 1989, Ch. 18, §§ 1, 8, eff. April 12, 1989. Amended by Laws 2011, Ch. 204, § 3.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-920

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 9. Probation and Restoration of Civil Rights (Refs & Annos)

§ 13-920. Budget requests

The presiding judge of the superior court shall annually submit a proposed budget for the following fiscal year for the intensive probation program to the supreme court. The supreme court shall include the counties' requests in its annual budget request and shall distribute to the participating counties the monies appropriated by the legislature for intensive probation.

CREDIT(S)

Added as § 12-297 by Laws 1984, 1st S.S., Ch. 11, § 1, eff. July 1, 1984. Renumbered as § 13-920 by Laws 1989, Ch. 18, § 1, eff. April 12, 1989.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-921

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 9. Probation and Restoration of Civil Rights (Refs & Annos)

§ 13-921. Probation for defendants under eighteen years of age; dual adult juvenile probation

A. The court may enter a judgment of guilt and place the defendant on probation pursuant to this section if all of the following apply:

1. The defendant is under eighteen years of age at the time the offense is committed.

2. The defendant is convicted of a felony offense.

3. The defendant is not sentenced to a term of imprisonment.

4. The defendant does not have a historical prior felony conviction.

B. If the court places a defendant on probation pursuant to this section, all of the following apply:

1. Except as provided in paragraphs 2, 3 and 4 of this subsection, if the defendant successfully completes the terms and conditions of probation, the court may set aside the judgment of guilt, dismiss the information or indictment, expunge the defendant's record and order the person to be released from all penalties and disabilities resulting from the conviction. The clerk of the court in which the conviction occurred shall notify each agency to which the original conviction was reported that all penalties and disabilities have been discharged and that the defendant's record has been expunged.

2. The conviction may be used as a conviction if it would be admissible pursuant to § 13-703 or 13-704 as if it had not been set aside and the conviction may be pleaded and proved as a prior conviction in any subsequent prosecution of the defendant.

3. The conviction is deemed to be a conviction for the purposes of §§ 28-3304, 28-3305, 28-3306 and 28-3320.

4. The defendant shall comply with §§ 13-3821 and 13-3822.

C. A defendant who is placed on probation pursuant to this section is deemed to be on adult probation.

D. If a defendant is placed on probation pursuant to this section, the court as a condition of probation may order the defendant to participate in services that are available to the juvenile court.

E. The court may order that a defendant who is placed on probation pursuant to this section be incarcerated in a county jail at whatever time or intervals, consecutive or nonconsecutive, that the court determines. The incarceration shall not extend beyond the period of court ordered probation, and the length of time the defendant actually spends in a county jail shall not exceed one year.

F. In addition to the provisions of this section, the court may apply any of the provisions of § 13-901.

CREDIT(S)

Added by Laws 1997, 2nd S.S., Ch. 4, § 38, eff. Nov. 14, 1997, retroactively effective to Oct. 1, 1997. Amended by Laws 2008, Ch. 301, § 49, eff. Jan. 1, 2009.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-922

Effective: January 1, 2011

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 9. Probation and Restoration of Civil Rights (Refs & Annos)

§ 13-922. Repealed by Laws 2005, Ch. 282, § 5, eff. January 1, 2011.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-923

Effective: September 19, 2007

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 9. Probation and Restoration of Civil Rights (Refs & Annos)

§ 13-923. Persons convicted of sexual offenses; annual probation review hearing; report; notification

A. If requested by the probationer, the court shall conduct a probation hearing at least once a year for a probationer who is under twenty-two years of age and who was convicted of an offense that occurred when the person was under eighteen years of age and that requires the probationer to register pursuant to § 13-3821.

B. This section does not preclude the court from conducting more than one probation review hearing each year.

C. The probation department that is supervising the probationer shall prepare a probation report and submit the report to the court prior to the hearing.

D. The following individuals shall be notified of the hearing:

1. A prosecutor.

2. An attorney for the probationer.

3. Any victim or victim's attorney who has a right to be present and heard pursuant to the victims' bill of rights, article II, § 2.1 of the constitution of this state, title 13, chapter 40 [FN1] or court rule.

4. The probation officer supervising the probationer.

E. At the hearing, after hearing from those present pursuant to subsection D of this section, the court shall consider the following:

1. Whether to continue, modify or terminate probation.

2. Whether to continue to require, to suspend or to terminate the probationer's registration pursuant to § 13-3821.

3. Whether to continue, defer or terminate community notification pursuant to § 13-3825.

F. The court may hold a prehearing involving the persons listed in subsection D of this section to discuss and advise the court concerning the issues listed in subsection E of this section.

CREDIT(S)

Added by Laws 2007, Ch. 176, § 3.

[FN1] Section 13-4401 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-924

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 9. Probation and Restoration of Civil Rights (Refs & Annos)

§ 13-924. Probation; earned time credit; applicability

A. The court may adjust the period of a probationer's supervised probation on the recommendation of an adult probation officer for earned time credit.

B. Earned time credit equals twenty days for every thirty days that a probationer does all of the following:

1. Exhibits positive progression toward the goals and treatment of the probationer's case plan.

2. Is current on payments for court ordered restitution and other obligations.

3. Is current in completing community restitution.

C. Any earned time credit awarded pursuant to this section shall be revoked if a probationer is found in violation of a condition of probation.

D. This section does not apply to a probationer who is currently:

1. On lifetime probation.

2. On probation for any class 2 or 3 felony.

3. On probation exclusively for a misdemeanor offense.

4. Required to register pursuant to § 13-3821.

E. This section has no effect on the ability of the court to terminate the period of probation or intensive probation pursuant to § 13-901, subsection E at a time earlier than originally imposed.

CREDIT(S)

Added by Laws 2008, Ch. 298, § 3, eff. Jan. 1, 2009.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-925

Effective: July 20, 2011

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 9. Probation and Restoration of Civil Rights (Refs & Annos)

§ 13-925. Restoration of right to possess a firearm; mentally ill persons; petition

A. A person may petition the court that entered an order, finding or adjudication that resulted in the person being a prohibited possessor as defined in § 13-3101, subsection A, paragraph 7, subdivision (a) or subject to 18 United States Code § 922(d)(4) or (g)(4) to restore the person's right to possess a firearm.

B. The person or the person's guardian or attorney may file the petition. The petition shall be served on the attorney for the state who appeared in the underlying case.

C. On filing of the petition the court shall set a hearing. At the hearing, the person shall present psychological or psychiatric evidence in support of the petition. The state shall provide the court with the person's criminal history records, if any. The court shall receive evidence on and consider the following before granting or denying the petition:

1. The circumstances that resulted in the person being a prohibited possessor as defined in § 13-3101, subsection A, paragraph 7, subdivision (a) or subject to 18 United States Code § 922(d)(4) or (g) (4).

2. The person's record, including the person's mental health record and criminal history record, if any.

3. The person's reputation based on character witness statements, testimony or other character evidence.

4. Whether the person is a danger to self or others, is persistently, acutely or gravely disabled or whether the circumstances that led to the original order, adjudication or finding remain in effect.

5. Any change in the person's condition or circumstances that is relevant to the relief sought.

6. Any other evidence deemed admissible by the court.

D. The petitioner shall prove by clear and convincing evidence both of the following:

1. The petitioner is not likely to act in a manner that is dangerous to public safety.

2. Granting the requested relief is not contrary to the public interest.

E. At the conclusion of the hearing, the court shall issue findings of fact and conclusions of law.

F. If the court grants the petition for relief, the original order, finding or adjudication is deemed not to have occurred for the purposes of applying § 13-3101, subsection A, paragraph 7, subdivision (a), Public Law 110-180, § 105(a) or 18 United States Code § 922(d)(4) or (g) (4) to that person.

G. The granting of a petition under this section only restores the person's right to possess a firearm and does not apply to and has no affect on any other rights or benefits the person receives.

H. The court shall promptly notify the department of public safety of an order granting a petition under this section. As soon thereafter as practicable the department shall update, correct, modify or remove the person's record in any database that the department maintains and makes available to the national instant criminal background check system consistent with the rules pertaining to the database. Within ten business days after receiving the notification from the court, the department shall notify the United States attorney general that the person no longer falls within the provisions of § 13-3101, subsection A, paragraph 7, subdivision (a) or 18 United States Code § 922(d)(4) or (g)(4).

CREDIT(S)

Added by Laws 2011, Ch. 304, § 3.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-941

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 9. Probation and Restoration of Civil Rights (Refs & Annos)

§§ 13-941 to 13-945. Repealed by Laws 1977, Ch. 142, § 30, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-942

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 9. Probation and Restoration of Civil Rights (Refs & Annos)

§§ 13-941 to 13-945. Repealed by Laws 1977, Ch. 142, § 30, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-943

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 9. Probation and Restoration of Civil Rights (Refs & Annos)

§§ 13-941 to 13-945. Repealed by Laws 1977, Ch. 142, § 30, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-944

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 9. Probation and Restoration of Civil Rights (Refs & Annos)

§§ 13-941 to 13-945. Repealed by Laws 1977, Ch. 142, § 30, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-945

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 9. Probation and Restoration of Civil Rights (Refs & Annos)

§§ 13-941 to 13-945. Repealed by Laws 1977, Ch. 142, § 30, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-951

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Repealed or Renumbered Sections	1977 Sections or Rules	1978 Sections or Rules
13-101	13-105	13-105
13-102	None	None
13-103	13-105	13-105
	13-701	13-601
13-104	13-702	13-602
13-105	None	None
13-106	13-107	13-107
13-107	None	None
13-108	13-601	13-1001
13-109	13-110	13-110
13-110	13-601	13-1001
13-111	13-601	13-1001
13-112	13-201	13-201
13-113	13-108	13-108
13-114	None	None
13-131	13-201	13-201
	13-203	13-203
	13-502	13-502
13-132	13-503	13-503
13-133	None	None
13-134	13-201	13-201
	13-204	13-204
	13-412	13-412
13-135	13-501	13-501
	13-502	13-502
13-135.01	13-3993	13-3993
13-136	13-302	13-302
13-137	None	None
13-138	None	None
13-139	13-301	13-301
13-140	13-302	13-302
	13-303	13-303
	13-304	13-304
	13-305	13-305
	13-306	13-306
13-141	13-2510	13-2510
	13-2511	13-2511
	13-2512	13-2512
13-142	13-304	13-304
13-143	13-2511	13-2511
	13-2512	13-2512
13-144	13-602	13-1002
	13-604	13-1004
13-145	13-111	13-111
13-146	13-112	13-112
13-161	13-114	13-114
13-162	13-115	13-115
13-163	13-117	13-117
13-164	13-118	13-3971
13-165	13-119	13-3972
13-166	13-120	13-120
13-201	13-3601	13-3601
13-202	13-3602	13-3602
13-211	13-3603	13-3603
13-212	13-3604	13-3604
13-213	13-3605	13-3605
13-221	13-1408	13-1408
13-222	13-1409	13-1409
13-231	13-1703	13-1703
	13-1704	13-1704
13-232	13-1703	13-1703
	13-1704	13-1704
13-233	13-1703	13-1703
	13-1704	13-1704
13-234	13-601	13-1001
	13-1703	13-1703
	13-1704	13-1704
13-235	None	None
13-236	13-1703	13-1703
	13-1704	13-1704
13-241	13-1203	13-1203
13-242	13-1203	13-1203
13-243	13-1203	13-1203
13-244	13-1203	13-1203
13-245	13-1204	13-1204
13-246	13-402	13-402
	13-403	13-403
	13-406	13-406
	13-407	13-407
	13-408	13-408
	13-409	13-409
13-247	None	None
13-248	13-1204	13-1204
13-249	13-1204	13-1204
13-250	13-1204	13-1204
13-251	13-1204	13-1204
13-252	13-601	13-1001
13-253	13-601	13-1001
13-261	32-263	32-263
13-262	32-261	32-261
13-263	None	None
13-271	13-3606	13-3606
13-272	None	None
13-273	13-3607	13-3607
13-281 (Original)	13-2602	13-2602
	13-2604	13-2604
13-281 (1967 Amend.)	13-2601	13-2601
13-281.01	None	None
13-281.02	13-2602	13-2602
13-281.03	13-2602	13-2602
13-282	13-2602	13-2602
13-283	13-2602	13-2602
13-284	13-2602	13-2602
13-285	13-2602	13-2602
13-286	13-2602	13-2602
13-287	13-2602	13-2602
	13-2805	13-2805
13-288	13-2602	13-2602
	13-2806	13-2806
13-289	13-2802	13-2802
	13-2804	13-2804
13-290	13-2803	13-2803
13-291	13-3006	13-3006
13-292	13-2309	13-2309
13-293	None	None
13-294	13-2604	13-2604
13-301	13-1501	13-1501
13-302	13-1506	13-1506
	13-1507	13-1507
	13-1508	13-1508
13-303	13-1506	13-1506
	13-1507	13-1507
13-304	13-1505	13-1505
13-311	13-3710	13-2310
13-312	13-3710	13-2310
13-312.01	13-3707	13-3707
13-312.02	13-3709	13-3709
13-313	None	None
13-314	None	None
13-315	13-2002	13-2002
13-316	None	None
13-317	13-3710	13-2310
	13-3711	13-2311
13-318	None	None
13-319	None	None
13-320	None	None
13-320.01	13-3710	13-2310
13-320.02	13-3711	13-2311
13-321	13-2405	13-2405
	13-2510	13-2510
13-331	13-603	13-1003
13-332	13-603	13-1003
13-333	None	None
13-341	13-2810	13-2810
13-351	None	None
13-352	None	None
13-353	None	None
13-354	None	None
13-355	None	None
13-356	None	None
13-357	None	None
13-358	None	None
13-359	13-3001	13-3001
13-371	13-2904	13-2904
13-372	13-2904	13-2904
13-373	13-2904	13-2904
13-374	13-2904	13-2904
	13-2911	13-2911
13-375	13-2904	13-2904
13-376	13-2908	13-2908
13-377	13-2904	13-2904
13-378	13-2904	13-2904
13-379	13-2908	13-2908
13-381	None	None
13-382	None	None
13-383	None	None
13-384	None	None
13-385	None	None
13-391	13-2510	13-2510
	13-2511	13-2511
	13-2512	13-2512
13-392	13-2503	13-2503
	13-2504	13-2504
13-393	13-2502	13-2502
	13-2503	13-2503
	13-2504	13-2504
13-393.01	13-2502	13-2502
	13-2503	13-2503
	13-2504	13-2504
13-394	None	None
13-395	13-2503	13-2503
	13-2504	13-2504
13-396	13-2502	13-2502
	13-2503	13-2503
	13-2504	13-2504
13-401	13-1804	13-1804
	13-2301	13-2301
	13-2302	13-2302
13-402	13-601	13-1001
	13-1804	13-1804
13-403	13-601	13-1001
	13-1804	13-1804
13-404	13-1804	13-1804
13-411	13-2006	13-2006
	13-2406	13-2406
13-412	13-2006	13-2006
	13-2406	13-2406
13-413	13-2406	13-2406
13-421	13-2002	13-2002
	13-2407	13-2407
13-422	13-3002	13-3002
13-423	13-2002	13-2002
13-424	None	None
13-425	13-2004	13-2004
13-426	13-2003	13-2003
	13-2004	13-2004
13-427	13-2002	13-2002
	13-2004	13-2004
13-431	13-3301	13-330
13-432	13-3302	13-3302
13-433	None	None
13-434	None	None
13-435	13-3303	13-3303
13-436	13-3304	13-3304
13-437	13-3305	13-3305
13-438	None	None
13-439	13-3306	13-3306
13-440	13-3307	13-3307
13-451	13-1101	13-1101
13-452	13-1104	13-1104
	13-1105	13-1105
13-453	13-901	13-701
	13-901.01	13-702
	13-902	13-703
	13-1104	13-1104
	13-1105	13-1105
13-454	13-902	13-703
13-455	13-1103	13-1103
13-456	13-1102	13-1102
	13-1103	13-1103
13-457	13-1102	13-1102
	13-1103	13-1103
13-458	None	None
13-459	13-1102	13-1102
13-460	None	None
13-461	13-409	13-409
	13-410	13-410
	13-411	13-411
13-462	13-401	13-401
	13-404	13-404
	13-405	13-405
	13-406	13-406
	13-407	13-407
	13-408	13-408
	13-409	13-409
	13-410	13-410
	13-411	13-411
13-463	13-401	13-401
13-471	13-3608	13-3608
13-481	13-2402	13-2402
13-491	13-1304	13-1304
13-492	13-1304	13-1304
13-501	13-1602	13-1602
13-502	13-1602	13-1602
13-503	13-1602	13-1602
13-504	13-1602	13-1602
13-505	None	None
13-506	None	None
13-507	13-1602	13-1602
13-508	13-3003	13-3003
13-509	13-1602	13-1602
	13-3703	13-3703
13-510	None	None
13-511	13-1602	13-1602
	13-3703	13-3703
13-512	13-1602	13-1602
13-521	13-1204	13-1204
13-531	13-1402	13-1402
13-531.01	13-3501	13-3501
13-532	13-3502	13-3502
13-533	13-3503	13-3503
13-534	13-3504	13-3504
13-535	13-3505	13-3505
13-536	13-3506	13-3506
13-537	13-3507	13-3507
13-538	None	13-3508
13-541	13-2402	13-2402
	13-2508	13-2508
13-541.01	13-2409	13-2409
13-542	13-2403	13-2403
13-543	None	None
13-544	13-2813	13-2813
13-545	None	None
13-546	13-2602	13-2602
13-547	13-2002	13-2002
	13-2004	13-2004
	13-2809	13-2809
13-548	13-2602	13-2602
13-549	13-2602	13-2602
13-550	13-2510	13-2510
	13-2511	13-2511
	13-2512	13-2512
13-561	13-2702	13-2702
13-562	13-2705	13-2705
13-563	13-2702	13-2702
13-564	13-2705	13-2705
13-565	13-2701	13-2701
13-566	13-2707	13-2707
13-567	None	None
13-568	13-2702	13-2702
13-569	13-2706	13-2706
13-570	13-2802	13-2802
	13-2804	13-2804
13-571	13-2706	13-2706
13-572	13-2702	13-2702
13-581	13-3201	13-3201
13-582	13-3202	13-3202
13-583	13-3203	13-3203
13-584	13-3204	13-3204
13-585	None	None
13-586	13-3205	13-3205
13-587	13-3206	13-3206
13-588	13-3207	13-3207
13-589	13-2908	13-2908
	13-3208	13-3208
13-590	13-2908	13-2908
13-591	13-3209	13-3209
13-592	13-3210	13-3210
13-593	None	None
13-601	13-2908	13-2908
	None	13-2917
13-601.01	13-2908	13-2908
	None	13-2917
	13-3502	13-3502
13-602	13-2908	13-2908
13-603	13-1603	13-1603
13-611	13-1405	13-1405
	13-1406	13-1406
13-612	13-1401	13-1401
13-613	13-501	13-501
13-614	13-1405	13-1405
	13-1406	13-1406
13-615	None	None
13-621	13-1802	13-1802
13-631	13-2903	13-2903
13-631.01	13-602	13-1002
	13-2903	13-2903
13-632	13-601	13-1001
	13-2903	13-2903
13-633	13-2902	13-2902
13-634	13-2902	13-2902
	13-2904	13-2904
13-635	13-2904	13-2904
13-641	13-1902	13-1902
	13-1903	13-1903
	13-1904	13-1904
13-642	13-1901	13-1901
13-643	13-1902	13-1902
	13-1903	13-1903
	13-1904	13-1904
13-644	None	None
13-651	13-1411	13-1411
13-652	13-1412	13-1412
13-653	13-1410	13-1410
13-661	13-1802	13-1802
13-662	None	None
13-663	13-1802	13-1802
13-664	None	None
13-665	13-1801	13-1801
13-666	13-1801	13-1801
13-667	13-1801	13-1801
13-668	13-1801	13-1801
13-669	None	None
13-670	None	None
13-671	13-1802	13-1802
13-672	13-1802	13-1802
	13-1803	13-1803
13-672.01	13-1802	13-1802
13-673	13-1805	13-1805
13-674	13-2911	13-2911
13-675	13-1303	13-1303
	13-1805	13-1805
13-676	13-1802	13-1802
13-677	13-1806	13-1806
13-681	13-1802	13-1802
13-682	13-1802	13-1802
	13-1806	13-1806
13-683	None	None
13-684	None	None
13-685	None	None
13-686	None	None
13-687	None	None
13-688	13-1802	13-1802
13-689	13-1802	13-1802
13-701	None	None
13-702	None	None
13-703	None	None
13-704	None	None
13-707	None	None
13-707.01	None	None
13-711	13-1502	13-1502
	13-1503	13-1503
	13-1504	13-1504
13-712	13-1502	13-1502
	13-1602	13-1602
13-713	13-1502	13-1502
	37-501	37-501
	41-511.13	41-511.13
13-714	None	None
13-801	13-3609	13-3609
13-802	13-3610	13-3610
13-803	13-3611	13-3611
13-804	None	None
13-811	13-2814	13-2814
13-821	13-3612	13-3612
13-822	13-3613	13-3613
13-823	13-3614	13-3614
13-824	13-3615	13-3615
13-825	13-3616	13-3616
13-826	13-3617	13-3617
13-827	13-3618	13-3618
13-841	13-1302	13-1302
13-842	13-3619	13-3619
13-842.01	13-3620	13-3620
13-843	13-3621	13-3621
13-844	13-3622	13-3622
13-845	13-1302	13-1302
13-861	13-3704	13-3704
13-862	13-3704	13-3704
13-863	13-2910	13-2910
13-864	13-1205	13-1205
13-881	13-1602	13-1602
	13-3104	13-3104
13-882	13-1602	13-1602
13-883	13-1602	13-1602
13-884	13-1502	13-1502
13-885	13-1602	13-1602
13-886	13-2912	13-2912
13-887	13-2913	13-2913
13-888	13-2914	13-2914
13-889	13-2915	13-2915
13-890	13-1602	13-1602
13-891	None	None
13-892	13-1602	13-1602
13-893	13-1602	13-1602
13-894	13-1602	13-1602
13-895	13-2916	13-2916
13-911	13-3101	13-3101
	13-3102	13-3102
13-912	13-3101	13-3101
	13-3102	13-3102
13-913	13-3101	13-3101
	13-3102	13-3102
13-914	13-106	13-106
	13-3105	13-3105
13-915	13-1204	13-1204
	13-3102	13-3102
13-916	13-1204	13-1204
13-917	13-1204	13-1204
13-917.01	13-3107	13-3107
13-917.02	13-3108	13-3108
13-918	13-3109	13-3109
13-919	13-3101	13-3101
	13-3102	13-3102
13-920	13-1204	13-1204
	13-2904	13-2904
13-921	13-3103	13-3103
13-922	13-1204	13-1204
	13-3101	13-3101
	13-3104	13-3104
13-923	13-3102	13-3102
	13-3103	13-3103
13-924	13-3101	13-3101
13-941	13-1702	13-1702
13-942	13-1702	13-1702
13-943	13-1702	13-1702
13-944	13-2404	13-2404
	13-2904	13-2904
13-945	13-2907	13-2907
13-951	13-2910	13-2910
13-951.01	13-2910	13-2910
13-952	13-2910	13-2910
13-953	13-2910	13-2910
13-961	13-1303	13-1303
13-962	None	None
13-971	13-2007	13-2007
13-972	13-2007	13-2007
13-981	13-1202	13-1202
13-982	None	None
13-983	None	None
13-991	13-2905	13-2905
13-992	13-1404	13-1404
	13-1410	13-1410
	13-2905	13-2905
13-993	13-2905	13-2905
13-1001	13-1505	13-1505
13-1002	13-3708	13-3708
13-1003	13-1602	13-1602
	13-1802	13-1802
13-1004	13-2904	13-2904
13-1005	13-2904	13-2904
13-1006	None	None
13-1007	None	None
13-1008	None	None
13-1009	13-2203	13-2203
13-1010	13-1202	13-1202
13-1011	24-344	24-344
13-1012	45-109	45-109
13-1013	None	None
13-1014	45-109	45-109
13-1015	3-320	3-320
13-1016	None	None
13-1017	None	None
13-1018	13-3706	13-3706
13-1019	None	None
13-1020	13-3701	13-3701
13-1021	None	None
13-1022	13-1204	13-1204
	13-1602	13-1602
	13-2908	13-2908
13-1024	13-3705	13-3705
13-1025	13-3701	13-3701
13-1026	13-3702	13-3702
13-1027	13-3712	13-3712
13-1028	13-3702	13-3702
13-1051	13-3004	13-3004
13-1052	13-3005	13-3005
13-1053	13-3006	13-3006
13-1054	13-3007	13-3007
13-1055	13-3008	13-3008
13-1056	13-3009	13-3009
13-1057	13-3010	13-3010
13-1058	13-3011	13-3011
13-1059	13-3012	13-3012
13-1060	13-3013	13-3013
13-1061	13-3014	13-3014
13-1071	13-2101	13-2101
13-1072	13-2107	13-2107
13-1073	13-2102	13-2102
13-1074	13-2104	13-2104
13-1075	13-2105	13-2105
13-1076	13-2108	13-2108
13-1077	13-2106	13-2106
13-1078	13-2103	13-2103
13-1079	13-102	13-102
13-1091	13-2911	13-2911
13-1092	13-2911	13-2911
13-1093	13-2911	13-2911
13-1094	13-2911	13-2911
13-1201	13-3801	13-3801
13-1202	13-3802	13-3802
13-1203	13-3803	13-3803
13-1204	13-3804	13-3804
13-1205	13-3805	13-3805
13-1206	13-3806	13-3806
13-1207	13-3807	13-413
13-1221	13-3811	13-3811
13-1222	13-3812	13-3812
13-1223	13-3813	13-3813
13-1224	13-3814	13-3814
13-1225	13-3815	13-3815
13-1226	13-3816	13-3816
13-1241	41-1750	41-1750
13-1242	41-1750	41-1750
13-1243	None	None
13-1244	None	None
13-1245	41-1750	41-1750
13-1246	41-1750	41-1750
13-1247	41-1750	41-1750
13-1248	41-1750	41-1750
13-1249	41-1750	41-1750
13-1250	41-1751	41-1751
13-1251	None	None
13-1252	41-1750	41-1750
13-1253	41-1750	41-1750
13-1271	13-3821	13-3821
13-1272	13-3822	13-3822
13-1273	13-3823	13-3823
13-1274	13-3824	13-3824
13-1291	13-3831	13-3831
13-1292	13-3832	13-3832
13-1293	13-3833	13-3833
13-1294	13-3834	13-3834
13-1301	13-3841	13-3841
13-1302	13-3842	13-3842
13-1303	13-3843	13-3843
13-1304	13-3844	13-3844
13-1305	13-3845	13-3845
13-1306	13-3846	13-3846
13-1307	13-3847	13-3847
13-1308	13-3848	13-3848
13-1309	13-3849	13-3849
13-1310	13-3850	13-3850
13-1311	13-3851	13-3851
13-1312	13-3852	13-3852
13-1313	13-3853	13-3853
13-1314	13-3854	13-3854
13-1315	13-3855	13-3855
13-1316	13-3856	13-3856
13-1317	13-3857	13-3857
13-1318	13-3858	13-3858
13-1319	13-3859	13-3859
13-1320	13-3860	13-3860
13-1321	13-3861	13-3861
13-1322	13-3862	13-3862
13-1323	13-3863	13-3863
13-1324	13-3864	13-3864
13-1325	13-3865	13-3865
13-1326	13-3866	13-3866
13-1327	13-3867	13-3867
13-1328	13-3868	13-3868
13-1361	13-3871	13-3871
13-1362	13-3872	13-3872
13-1363	13-3873	13-3873
13-1364	13-3874	13-3874
13-1401	13-3881	13-3881
13-1402	13-3882	13-3882
13-1403	13-3883	13-3883
13-1404	13-3884	13-3884
13-1405	13-3885	13-3885
13-1406	13-3886	13-3886
13-1407	13-3887	13-3887
13-1408	13-3888	13-3888
13-1409	13-3889	13-3889
13-1410	13-3890	13-3890
13-1411	13-3891	13-3891
13-1412	13-3892	13-3892
13-1413	13-3893	13-3893
13-1414	13-3894	13-3894
13-1415	13-3895	13-3895
13-1416	13-3896	13-3896
13-1417	13-3897	13-3897
13-1418	13-3898	13-3898
13-1418.01	13-3899	13-3899
13-1419	13-3900	13-3900
13-1420	13-3901	13-3901
13-1421	13-3902	13-3902
13-1422	13-3903	13-3903
13-1423	13-3904	13-3904
13-1424	13-3905	13-3905
13-1425	13-3906	13-3906
13-1441	13-3911	13-3911
13-1442	13-3912	13-3912
13-1443	13-3913	13-3913
13-1444	13-3914	13-3914
13-1445	13-3915	13-3915
13-1446	13-3916	13-3916
13-1447	13-3917	13-3917
13-1448	13-3918	13-3918
13-1449	13-3919	13-3919
13-1450	13-3920	13-3920
13-1451	13-3921	13-3921
13-1452	13-3922	13-3922
13-1453	13-3923	13-3923
13-1454	13-3924	13-3924
13-1461	13-3931	13-3931
13-1471	13-3941	13-3941
13-1472	13-3942	13-3942
13-1501	13-108	13-108
13-1502	13-108	13-108
13-1503	13-109	13-109
13-1504	13-109	13-109
13-1505	13-109	13-109
13-1506	13-109	13-109
13-1507	13-109	13-109
13-1508	13-109	13-109
13-1509	13-109	13-109
13-1510	13-109	13-109
13-1511	13-109	13-109
13-1512	13-109	13-109
13-1513	13-109	13-109
13-1514	13-109	13-109
13-1515	13-109	13-109
13-1516	13-121	13-121
13-1551	13-3951	13-3951
13-1552	13-3952	13-3952
13-1571	13-3961	13-3961
13-1572	13-3962	13-3962
13-1573	13-3963	13-3963
13-1574	13-3964	13-3964
13-1575	13-3965	13-3965
13-1576	13-3966	13-3966
13-1577	13-3967	13-3967
13-1578	13-3968	13-3968
13-1579	13-3969	13-3969
13-1580	13-3970	13-3970
13-1591	13-3981	13-3981
13-1592	13-3982	13-3982
13-1593	13-3983	13-3983
13-1594	13-113	13-113
13-1595	13-3984	13-3984
13-1596	13-3985	13-3985
13-1597	13-3986	13-3986
13-1598	13-3987	13-3897
13-1599	13-3988	13-3988
13-1599.01	13-3989	13-3989
13-1621	13-502	13-502
	Crim.R. 11	Crim.R. 11
	Crim.R. 25	Crim.R. 25
13-1621.01	Crim.R. 11	Crim.R. 11
	Crim.R. 25	Crim.R. 25
13-1622	13-3991	13-3991
13-1623	13-3992	13-3992
13-1624	13-3993	13-3993
13-1641	13-116	13-116
13-1642	13-4001	13-4001
13-1643	None	None
13-1644	13-4002	13-4002
13-1644.01	13-4003	13-4003
13-1645	None	None
13-1646	None	None
13-1647	None	None
13-1648	13-1006	13-806
13-1649	13-704	13-604
13-1650	13-704	13-604
13-1651	13-901.01	13-702
13-1652	13-905	13-709
13-1653	13-106	13-106
	13-804	13-904
13-1654	13-4004	13-704
13-1655	13-4005	13-705
13-1656	13-4006	13-706
13-1657	13-801	13-901
	13-802	13-902
	13-803	13-903
13-1658	13-705	13-605
13-1659	13-1005	13-805
13-1660	13-1006	13-806
13-1661	13-1006	13-806
13-1671	13-4011	13-4011
13-1672	13-4012	13-4012
13-1673	13-4013	13-4013
13-1674	13-4014	13-4014
13-1675	13-4015	13-807
13-1691	13-4021	13-4021
13-1692	13-4022	13-4022
13-1693	13-4023	13-4023
13-1694	13-4024	13-4024
13-1695	13-4025	13-4025
13-1696	13-4026	13-4026
13-1711	13-4031	13-4031
13-1712	13-4032	13-4032
13-1713	13-4033	13-4033
13-1714	13-4034	13-4034
13-1715	13-4035	13-4035
13-1716	13-4036	13-4036
13-1717	13-4037	13-4037
13-1718	13-4038	13-4038
13-1719	13-4039	13-4039
13-1720	13-4040	13-4040
13-1721	13-4041	13-4041
13-1741	13-804	13-904
13-1742	13-805	13-905
13-1743	13-806	13-906
13-1744	13-807	13-907
13-1745	13-808	13-908
13-1751	13-804	13-904
13-1752	13-809	13-909
13-1753	13-810	13-910
13-1754	13-811	13-911
13-1761	13-4051	13-4051
13-1801	13-4061	13-4061
13-1802	13-4062	13-4062
13-1803	13-4063	13-4063
13-1804	13-4064	13-4064
13-1821	13-4071	13-4071
13-1822	13-4072	13-4072
13-1823	13-4073	13-4073
13-1824	13-4074	13-4074
13-1825	13-2802	13-2802
	13-2804	13-2804
13-1826	13-4075	13-4075
13-1827	13-4076	13-4076
13-1828	13-4077	13-4077
13-1829	13-2802	13-2802
13-1841	13-4081	13-4081
13-1842	13-4082	13-4082
13-1843	13-4083	13-4083
13-1844	13-4084	13-4084
13-1861	13-4091	13-4091
13-1862	13-4092	13-4092
13-1863	13-4093	13-4093
13-1864	13-4094	13-4094
13-1865	13-4095	13-4095
13-1866	13-4096	13-4096
13-1881	13-4101	13-4101
13-1882	13-4102	13-4102
13-1883	13-4103	13-4103
13-1884	13-4104	13-4104
13-1885	13-4105	13-4105
13-1901	13-4111	13-4111
13-1902	13-4112	13-4112
13-1903	13-4113	13-4113
13-1904	13-4114	13-4114
13-1905	13-4115	13-4115
13-1906	13-4116	13-4116
13-2001	13-4121	13-4121
13-2002	13-4122	13-4122
13-2003	13-4123	13-4123
13-2004	13-4124	13-4124
13-2005	13-4125	13-4125
13-2006	13-4126	13-4126
13-2007	13-4127	13-4127
13-2008	13-4128	13-4128
13-2009	13-4129	13-4129
13-2010	13-4130	13-4130
13-2011	13-4131	13-4131
13-2012	13-4132	13-4132
13-2013	13-4133	13-4133
13-2014	13-4134	13-4134
13-2015	13-4135	13-4135
13-2016	13-4136	13-4136
13-2017	13-4137	13-4137
13-2018	13-4138	13-4138
13-2019	13-4139	13-4139
13-2020	13-4140	13-4140
13-2021	13-4141	13-4141
13-2022	13-4142	13-4142
13-2023	13-4143	13-4143
13-2024	13-4144	13-4144
13-2025	13-4145	13-4145
13-2026	13-4146	13-4146
13-2027	13-4147	13-4147