Arizona Judicial Branch

Description

Go to full text

HUMAN TRAFFICKING VIOLATIONS

Sen. Jarrett, et al

Establishes numerous criminal offenses for human trafficking and human smuggling.

• It is a Class 4 Felony to knowingly obtain labor from a person by threatening or restraining the person or withholding the person’s government records or personal property.
• It is a Class 2 Felony for a person to commit the offense of sex trafficking. Sex trafficking is defined as a person who knowingly recruits, entices, harbors, transports, provides or obtains by any means another person with the intent of causing the other person to engage in prostitution by force, fraud or coercion.
• Sex trafficking that is committed against a person who is under the age of 15 is a dangerous crime against children (§13-604.01). (The provision establishing the dangerous crime against children classification is defective and is remedied in Chapter 282).
• It is a Class 4 Felony to knowingly traffic a person with the intent or knowledge that the person will be subject to forced labor, or to knowingly benefit financially or receive anything of value through participation of unlawful labor or sex trafficking.
• It is a Class 5 Felony to engage in human smuggling for profit or commercial purposes.

The bill directs the court to provide for restitution to victims of sex trafficking and persons who were trafficked for the purposes of forced labor or services.

Statutes Affected:  13-604.01; 13-1306; 13-1307; 13-1308; 13-1309; 13-2319

Go to full text

CORPORATIONS; LLCs; VIOLATIONS; CLASSIFICATION

Rep Robson

Establishes a new Class 4 Felony offense for limited liability companies (LLC), and increases the felony classification for corporations to a Class 4 Felony, if a person knowingly fails or refuses to respond in a timely manner to interrogatories propounded by the Corporation Commission, or signs any articles, statement, report, application or other document filed with the commission that is known to the person as false. 

Also establishes the same Class 5 Felony for limited liability companies as exists for corporations, if a person, with the intent to defraud or deceive, knowingly falsifies, alters, steals, destroys, mutilates, defaces, removes or secretes the books, records or accounts.

Statutes Affected:  10-1632; 29-613

Go to full text

AGGRAVATING FACTORS; TRIER OF FACT

Rep. Farnsworth

Requires aggravating circumstances alleged for sentencing purposes to be determined by the trier of fact.  An aggravated sentence of imprisonment may be imposed only if the trier of fact finds that the alleged aggravating circumstances are true. In the case of the exceptional aggravated term, requires the trier of fact to find that at least two aggravating factors apply, but removes the requirement to find substantial aggravating factors.

Requires aggravating circumstances to be found beyond a reasonable doubt by the trier of fact.  If the trier of fact finds at least one aggravating circumstance, the court may find additional aggravating circumstances by a preponderance of the evidence.

Requires the court to impose an aggravated sentence if the trier of fact finds aggravating circumstances and the court does not find any mitigating circumstances.  Removes the requirement to find at least two substantial mitigating factors, instead requiring the court to find at least two mitigating factors in order to permit the imposition of the exceptional mitigated term.

Changes the catch-all aggravating factor to state, “any other factor that the state alleges as relevant to the defendant’s character or background or to the nature or circumstances of the crime.”

­

Defines trier of fact as a jury, unless the defendant and the state waive a jury.  If waived, the court is the trier of fact.

Statutes Affected:  13-702; 13-702.01

Go to full text

SEARCH WARRANTS EXECUTION

Sen. Huppenthal, et al

Requires a search warrant to be executed within five calendar days of being issued and to be returned to the magistrate within three court business days of being executed. If the warrant is not executed within the five calendar days, the warrant will be void unless an extension has been granted by the magistrate. The magistrate can grant up to a five calendar day extension.

Documents and records relating to the warrant need not be open to the public until they are returned or the warrant is deemed void. However, a magistrate may order the time to be shortened or lengthened for good cause.

Statutes Affected:  13-3918

Go to full text

COMMERCIAL NUCLEAR GENERATING STATIONS; SECURITY

Sen. Huppenthal, et al

Expands the ability of an armed nuclear security guard to use physical force, including deadly force, in specific circumstances that are outlined in the chapter.  Allows an armed nuclear security guard to detain a person suspected of committing or attempting to commit specific offenses at a commercial nuclear generating station.

It is a Class 4 Felony to commit a criminal trespass on a commercial nuclear generating station. This crime is defined as entering or remaining unlawfully in or on a station or within a structure or fenced yard of a station.

A guard is exempt from civil liability for engaging in conduct justified under this chapter.  Reasonable belief is a defense to a civil or criminal action against a guard for false arrest, unlawful imprisonment or wrongful detention.

Statutes Affected:  13-4901; 13-4902; 13-4903; 13-4904;

Go to full text

DEAD BODIES; ABANDONMENT; CONCEALMENT

Rep. Mason, et al

Establishes a crime classified as a Class 5 Felony to knowingly move a dead human body or body parts with the intent to abandon or conceal the body or body parts unless otherwise allowed by law.

Statutes Affected:  13-2926

Go to full text

FALSE REPORTING

Sen. Tibshraeny

The classification of a second or subsequent conviction of false reporting is increased to a Class 6 Felony from a Class 1 Misdemeanor. A person convicted of false reporting is liable for the costs incurred by the emergency response or the investigation of the false reporting. The court is also permitted to order a juvenile adjudicated delinquent for false reporting to pay expenses incurred as a result of the false reporting as restitution.

Statutes Affected:  13-2907

Go to full text

VICTIMS’ RIGHTS; RESTITUTION; NOTICE; FEE

Sen. Brotherton, et al

The 180-day limit on a juvenile court retaining jurisdiction of a case after a juvenile delinquent turns 18 is repealed. Instead, the court enters a "juvenile restitution order" (which replaces "judgment" in statute) in favor of the state for court costs and fees and in favor of any victims for any losses sustained. The restitution order does not expire until paid in full and is considered a criminal penalty for purposes of federal bankruptcy proceedings. The Clerk of the Court must send a copy of the restitution order to each person entitled to restitution.

Victims must be notified by the prosecutor that a predisposition or disposition proceeding may occur immediately after adjudication.

The fee assessed to the parent of a juvenile delinquent is increased to $25 from $15. This fee does not apply if the parent is the victim, and the authority to impose a lesser fee is extended to the court, as well as the probation officer.

Delayed effective date; effective Jan 1, 2006 .

Statutes Affected:  8-344; 8-390; 8-418

Go to full text

JUVENILE VICTIMS’ RIGHTS; STATEMENT

Sen. Brotherton, et al

A statement of victim’s rights must be read by the court to the victim of a case in juvenile court.  This provision is also included in the Victims’ Rights Omnibus bill,

Chapter 260, SB 1433, and the two versions will be blended.

Delayed effective date; effective Jan 1, 2006 .

Statutes Affected:  8-421

Go to full text

IMPERSONATING A PEACE OFFICER

Sen. Martin

The crime of impersonating a peace officer during the commission of 26 enumerated crimes is increased from a Class 6 to a Class 4 Felony.  The enumerated crimes include, but are not limited to, manslaughter, murder, theft, arson, kidnapping, sexual assault.

Statutes Affected:  13-2411

Go to full text

MISREPRESENTATION; ON-LINE BUSINESSES; IDENTIFYING INFORMATION

Sen. Martin, Rep. Paton

It is a Class 5 Felony for any person to use a web page or electronic mail message to request or take any action to induce another person to provide identifying information by representing that the person is an on-line business without permission from that on-line business.

The Attorney General or the person or business adversely affected may bring action against a person who violates this law.  The bill sets forth the damages that can be recovered, the greater of actual damages or $500,000. However, if the court determines that the violator has engaged in a pattern and practice of violations, the court may increase the damage award up to three times the amount outlined.

Statutes Affected:  44-7201; 44-7202; 44-7203;

Go to full text

AGGRAVATING FACTORS; IMMIGRATION LAW VIOLATION

Rep. Gray, et al

Requires the court to consider, as an aggravating circumstance in non-capital cases, whether a defendant was in violation of federal immigration law at the time of the commission of the offense for which the defendant is convicted.

Statutes Affected:  13-702

Go to full text

SERVICES TO INDIGENT DEFENDANTS; FEES

Sen. Huppenthal, et al

The court is required to appoint investigators and expert witnesses on behalf of an indigent defendant in all felony cases, rather than just the capital cases. Witnesses are to be paid at county contract rates, unless no county-contracted investigator or expert is available or the defendant cannot obtain the services at the county rate. In such a case, the judge decides the rate to be paid.

Statutes Affected:  13-4013

Go to full text

VICTIM NOTIFICATION; DISMISSED COUNTS

Rep. Smith, et al

Statutorily enacted victims’ rights are expanded to include those victims whose counts were dismissed in a plea agreement if the victim would otherwise be entitled to victim’s rights. This provision is also included in the Victims’ Rights Omnibus bill, Chapter 260, SB 1433.  Due to an incorrect chapter reference and a one word difference, the two versions can not be blended.

Statutes Affected:  13-4402.01

Go to full text

SENTENCING; OFFENSES; REGISTRATION; STUN GUNS

Rep. Jim Weiers, et al

The use of a stun gun during the commission of a crime is added to the list of aggravating factors that can be considered during sentencing (§13-702).

Taking or attempting to take a peace officer's weapon or other implement (object capable of or designed to restrain or injure and individual, but does not include handcuffs) is now considered an aggravated assault.

It is illegal to sell a permitted remote stun gun without registering the purchaser with the gun's manufacturer.

Statutes Affected:  13-702; 13-703; 13-1204; 13-3117

Go to full text

SCHOOLS; CRIME REPORTS; PUPIL INTERVIEWS

Sen. Gray, et al

Added discretionary powers of school governing board include adopting guidelines to standardize school report cards which contain crime reports; guidelines for parental notification when law enforcement interviews pupils, and when parents may be present, with reasonable exceptions.

Statutes Affected:  15-342; 15-746

Go to full text

VICTIM COMPENSATION FUND; SUBROGATION

Sen. Huppenthal, et al

Allows the State of Arizona or a qualified program to be substituted to the rights of an individual who receives monies from the Victim Compensation and Assistance Fund to recover or receive monies or benefits from a third party, to the extent of the amount of money the individual receives from the Fund.

Statutes Affected:  41-2407

Go to full text

SEX OFFENDERS; REGISTRATION

Sen. Martin, et al

A person entering and remaining in this state who is required to register as a sex offender in another state is now required to register in Arizona . The bill also makes technical changes to account for the 1978 criminal code rewrite that changed sex crime laws.

Statutes Affected:  13-3821

Go to full text

SEXUAL ASSAULT; MARITAL STATUS REPEAL

Sen. Blendu, Sen. Martin

Repeals the statute, Sexual assault of a spouse (§13-1406.01), with the intent that marital status is no longer relevant when considering criminal sexual behavior. 

A person who intentionally or knowingly makes or coerces another to make a false report of sexual assault involving a spouse is guilty of a Class I Misdemeanor. 

Requires ACJC to maintain records submitted by DPS, collect data and provide reports.  This provision is not retroactive.

Statutes Affected:  12-511; 13-501; 13-1406.01; 13-1407; 13-1420; 13-1423; 13-2907.03; 13-3821; 36-3701; 41-2406; 46-292

Go to full text

COMMUNITY RESTITUTION

Sen. Johnson, et al

Replaces the term “community service” with “community restitution” in the code. The administration or operation of existing community service organizations are not affected, and the bill allows continued use of forms using “community service” by the court, probation and prosecution after the effective date until they run out. 

Delayed effective date; effective January 1, 2006 .

Statutes Affected:  5-395.01; 5-397; 8-234; 8-321; 8-323; 8-341; 8-343; 8-352; 8-353; 8-355; 9-499.07; 11-459; 12-299.03; 12-1809; 13-901.01; 13-914; 13-3405; 13-3406; 13-3407; 13-3408; 13-3416; 13-3826; 28-672; 28-708; 28-1174; 28-1381; 28-1382; 28-1387; 28-8284; 28-8286; 28-8289; 31-411; 41-1604.07; 41-2822; 41-2825; 41-2826; 46-803

Go to full text

UNBORN CHILDREN; PROTECTION

Sen. Jarrett, et al

Homicides that result in the death of an unborn child are now being considered offenses that are separate from, and in addition to, the crime committed against the child’s mother. It does not need to be proven that the defendant knew the woman was pregnant. There are exceptions built into the law for a legal abortion, a medical treatment performed on a pregnant woman, or if the defendant was the mother of the unborn child. Includes “unborn child” in the dangerous crimes against children statute (§13-604.01) equating the unborn child to a child under twelve years old for sentencing purposes. “Unborn child” is also included in the dangerous offense statute (§13-604).

Statutes Affected:  13-604; 13-604.01; 13-703; 13-1102; 13-1103; 13-1104; 13-1105; 13-4062; 31-412; 41-1604.11; 41-1604.13

Go to full text

IDENTITY THEFT

Sen. Blendu, et al

Establishes the crime of Trafficking in the identity of another person or entity, a Class 2 Felony, for a person who, without permission, for an unlawful purpose or to cause loss to the person or entity, knowingly sells, transfers or transmits personal identifying information whether or not the person or entity actually suffers an economic loss.

Creates the crime of Aggravated identity theft, a Class 3 Felony, for a person to knowingly take, purchase, manufacture, record, possess or use person or entity identifying information of either:

· Five or more persons or entities, without permission, for any unlawful purpose or to cause a loss whether or not the person or entity actually suffers an economic loss.

· A person or entity, without permission, for any unlawful purpose if the economic loss is three thousand dollars or more.

All identity theft statutes now carry an exception for alcohol violations under § 4-241 committed by a person under the age of 21. Section 13-2009, Admission tickets, fraudulent creation or possession is renumbered §13-2011 to accommodate the new identity theft sections.

Statutes Affected:  13-2008; 13-2009; 13-2010; 13-2011

Go to full text

PROFESSIONAL EMPLOYER ORGANIZATIONS

Sen. Leff

Requires the registration of professional employer organizations ( PEO ) with the Secretary of State and outlines requirements for professional employer agreements. Businesses contract with a PEO to outsource personnel management, workers compensation, payroll tax and other human resources related areas.

Lists the requirements for a professional employer agreement and the elements that a professional employer agreement cannot contain.  Sets forth a multitude of requirements for the PEO and the client.  Requires every PEO to register with the Secretary of State effective March 1, 2006 with duties of the PEO and the Secretary of State outlined in the bill.

It is a Class 1 Misdemeanor for a person to offer to provide or actually provide professional employer services or use the name professional employer organization, staff leasing, employee leasing or administrative employee or any other title representing a professional employer service without first registering with the Secretary of State pursuant to §23-563 or to knowingly provides false or fraudulent information to the Secretary of State.

It is a theft pursuant to §13-802 for a person who is a controlling person of a professional employer organization and who collects payments from a client representing wages, taxes, benefit payments or insurance payments to fail to remit the funds to the appropriate government or private entity within a reasonable time.

It is a Class 4 Felony for a person who is a controlling person of a client of a professional employer organization to fraudulently or falsely procure or attempt to procure services or benefits from a registered professional employer organization without having monies that are adequate to compensate the professional employer organization.

Also enacts provisions requiring the Secretary of State to assess administrative penalties for various violations.

Includes a number of definitions peculiar to the article.

Statutes Affected:  23-614

Go to full text

PERSONS LAWFULLY DETAINED; IDENTIFICATION REQUIREMENT

Sen. Jarrett, et al

It is a Class 2 Misdemeanor for a person, after being advised that a refusal to answer is unlawful, to fail or refuse to state the person's true full name on request of a peace officer who has lawfully detained the person based on reasonable suspicion that the person has committed, is committing or is about to commit a crime. A person detained under this section is required to tell the officer the person's true full name, but is not required to answer any other inquiry of the peace officer.

Statutes Affected:  13-2412

Go to full text

CONCEALED WEAPONS PERMIT; LIFETIME ISSUANCE

Rep. Gray, et al

A permit to carry a concealed weapon is now valid for 5 years instead of 4 years and is renewable every 5 years.  The person must be fingerprinted for the original and first renewal.  A member of the Armed Services who was on active duty and deployed overseas when the permit expired will have 90 days to renew the permit once their deployment is complete. The required firearms safety course is reduced from 16 to 8 hours and the refresher course is reduced from 4 hours to two.

If a person charged with Failing to present a permit for inspection presents a permit valid at the time of violation to the court, the charge must be dismissed.

Statutes Affected:  13-3112

Go to full text

RESTORATION OF COMPETENCY

Sen. Jarrett, et al

A defendant is responsible for all or a part of the costs of a competency examination ordered by the court unless the prosecution requests the evaluation.  Requires the court to commit the defendant to the restoration of competency program designated by the County Board of Supervisors if the court determines that confinement is necessary for treatment. The court may commit the defendant to the State Hospital subject to funding for competency restoration services if the Board has not designated an RTC program. Allows the county to provide treatment to the defendant in the county jail or to obtain court orders to transport the defendant to other providers including the State Hospital for RTC treatment.

Statutes Affected:  13-4505; 13-4512; 13-4512;

Go to full text

OMNIBUS; FLOOD CONTROL

Sen. Flake, et al

A person who engages in any development in a watercourse that affects the flow of waters without securing written authorization is guilty of a Class 2 Misdemeanor. Flood control districts are repealed from and after December 31, 2015. “Development” is defined.

Statutes Affected: 48-2607; 48-2609; 48-2816; 48-3601; 48-3603; 48-3609; 48-3613; 48-3614; 48-3615; 48-2816

Go to full text

VICTIMS' RIGHTS OMNIBUS

Sen. Huppenthal, Sen. Martin

 
A number of changes expanding the victim’ rights statutes including:

1.       On request of the victim, the probation department shall notify the victim of the following:

·  Notice of any probation violation hearing.

·  Any proposed modification to any term of probation if the modification affects the restitution or incarceration status or the delinquent’s contact with or the safety of the victim.

· The victim's right to be heard at a hearing set to consider any modification that is made to any term of probation.

·Any violation of any term of probation that results in a petition to revoke.

·If the juvenile absconded from probation.

·Any conduct by the juvenile that raises a substantial concern for the victim’s safety.

2.       The juvenile court shall provide the victim's request for post adjudication notice to the department of juvenile corrections.

3.       A statement of victim’s rights is required to be read by the court to the victim in a juvenile court case. It is noted that not all misdemeanor charges carry victim’s rights, however, the statement must be read in all cases.

4.       Prohibits petitioning the Board of Executive Clemency more than once every five years for offenses involving murder or serious physical injury if sentenced pursuant to §13-604, dangerous crimes against children and felony sex offenses. The board has discretion to apply the five year rule if the person committed an offense causing serious physical injury and was not sentenced pursuant to §13-604.  The board may extend time further under certain circumstances as provided in the bill.

5.       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 pursuant to §44-1201 in the same manner as any civil judgment.

6.       Inclusion of the victim’s attorney in all trial court bench conferences that directly affect a constitutional victim’s right.

7.       Expansion of victim’s rights to include victims whose counts are dismissed in a plea agreement if the victim is otherwise entitled to victim’s rights.

8.       In a capital case a victim may file a response to a request for extension for time in an appellate or post-conviction relief proceeding. The victim or the state can file the response, notice of the filing must be made to the victim by the party requesting the extension and there is no right to oral argument.  (Repealed January 1, 2008 ).

    Delayed effective date; effective January 1, 2006

Statutes Affected:  8-382; 8-396; 8-416; 13-805; 13-4401; 13-4415; 13-4437; 13-4438; 8-383.01; 8-421; 13-4042; 13-4234.01; 13-4402.01; 31-403; 13-4042; 13-4234.01

Go to full text

SEX OFFENDER REGISTRATION; RESIDENCE; ADDRESS

Sen. Martin, et al

For the purpose of sex offense registration, defines “address” and “residence”.

Establishes a 20 year presumptive sentence for a person convicted of sex trafficking of a person under 15 years of age, if the person is sentenced as dangerous crimes against children (A.R.S. § 13-604.01).  Chapter 2 established the crime of sex trafficking, adding sex trafficking to the definition of a dangerous crime against children if committed against a person under 15 years of age, but did not prescribe a specific penalty. Adds sex trafficking of a minor to the list of offenses that require a person to register as a sex offender.

Prohibits an adult probation officer from approving the residence of a felony sex offender on probation in Maricopa County in any multi-family dwelling unless the number of probationers who are required to register and who reside in the multi-family dwelling is less than 10% of the number of dwelling units. Prohibits more than one sex offender on probation who is classified as a level three offender from residing in a multi-family dwelling. Includes exemptions to the above clustering requirements

Defines “multifamily dwelling”, “multifamily dwelling unit” and “residential treatment facility”.

Repeals the sex offense clustering provisions on January 1, 2011 . 

Statutes Affected:   13-604.01; 13-922; 13-3821; 13-3822; 13-922

Go to full text

LIQUOR; OMNIBUS

Rep. McComish, et al

Numerous changes, including expanded authority to the State Board of Liquor Licenses and Control, restrictions on drive-thru liquor sales, guidelines for sampling, and other changes.

It is a Class 1 Misdemeanor for an employee of a licensee to allow a person under 21 access to restricted areas, to provide alcohol to a person under 21, and to knowingly provide alcohol to a person for resale. Each carries a minimum fine of $500.

It is a Class 2 Misdemeanor for a person to provide a machine or device that mixes alcohol with oxygen for inhalation. In addition, there are minimum $250 fines for under-age drinkers who violate this A.R.S. § 4-241.

Statutes Affected:   4-112; 4-203; 4-203.04; 4-205.02; 4-206.01; 4-207.01; 4-210; 4-213; 4-241; 4-243; 4-244; 4-244.05; 4-246

Go to full text

TERRORISM; ANIMAL; ECOLOGICAL

Sen. Verschoor

Changes the chapter heading of Title 13, chapter 23 to Organized Crime, Fraud and Terrorism from Organized Crime and Fraud.  Expands the definition of racketeering in A.R.S. § 13-2301 to include animal or ecological terrorism that results in or is intended to result in serious physical injury or death, animal or ecological terrorism if committed for financial gain and smuggling if committed for financial gain.

Defines “animal activity,” “animal or ecological terrorism” and “research facility.”

Statutes Affected:  13-2301

Go to full text

SEX OFFENDERS; REGISTRATION; LIFETIME PROBATION

Sen. Martin, et al

Adds Failure to Register as a Sex Offender if the defendant is placed on probation and the underlying offense is a felony to the list of offenses for which the judge may impose lifetime probation.

Statutes Affected:  13-902; 13-3824

Go to full text

CAPITAL CASES; AGGRAVATING FACTORS; EXPERTS

Sen. Huppenthal

Specifically defines “victim” in the victim’s rights provisions of the juvenile and criminal code if the person against whom the crime is committed is killed or incapacitated. The victim includes a spouse, parent, child, grandparent or sibling, any other person related to the person by consanguinity or affinity to the second degree or any other lawful representative, unless the person who would qualify as a victim is in custody for an offense or is the accused.

In capital cases, the list of aggravating circumstances used to determine whether to impose the death penalty is expanded to include:

·         Commission of the offense in connection with a gang initiation.

·         Commission of the offense to prevent a person from cooperating with law enforcement or being a witness.

·         Offenses committed in a cold, calculated manner without pretense of moral or legal justification.

If the trier of fact in a capital case finds an aggravating factor but at the penalty phase finds a mitigating circumstance sufficient to warrant leniency, or the trier of fact does not impose death, the court must sentence the defendant to natural life.

In the sentencing phase, if the state bears the burden of proof, the issue shall be determined in the aggravation phase.  If the defendant bears the burden of proof, the issue shall be determined in the penalty phase. 

The report of a psychological expert shall be released on motion of any party if the defendant raises a mental health defense at trial or sentencing.

Adds Burglary second degree and Terrorism to the list of “serious offenses” for the purpose of determining aggravating circumstances in a first degree murder case pursuant to §13-703.

Statutes Affected:  8-382; 13-703; 13-703.03; 13-4401; 13-703.01

Go to full text

PRECURSOR CHEMICALS; DANGEROUS DRUGS; BAIL

Sen. Leff, et al

A new crime is established, A.R.S. §13-3407.01, Manufacturing methamphetamine under circumstances that cause physical injury to a minor. The offense is a Class 2 Felony, the minor must be under 15 years of age and the offense is punishable as a dangerous crime against children.

Possession of methamphetamine for sale, possession of equipment or chemicals to manufacture methamphetamine, manufacturing methamphetamine and trafficking in methamphetamine (sale, import, offer to sell, etc.) carries its own sentencing provisions, A.R.S. §13-712. For the first offense, the range is 5-10-15 years, for second or subsequent offense the range is 10-15-20 years. The defendant is not eligible for probation.

In setting bail the court must consider if the person committed one of the above named offenses.

Products in which pseudoepherine is the single active ingredient must be kept behind a store counter or in a locked facility inaccessible to customers without the assistance of an employee. This does not apply to liquid, liquid capsule or gel capsule form of the product. Places restrictions on purchasing pseudoepherine, norpseudoepherine, phenylpropanolamine and ephedrine.

Permits a county or city to remediate a property contaminated by methamphetamine if the owner does not. The cost is passed on to the owner in the form of a property lien.

Provides authority for DHS to accept and spend grant monies for methamphetamine education. The monies can only be disbursed to local prosecutorial or law enforcement agencies with existing programs, faith based organizations and non profit entities providing services to women with a history of dual diagnosis disorders that provide educational programs on the repercussions of methamphetamine use.

Statutes Affected:  13-604.01; 13-712; 13-3404.01; 13-3407; 13-3967

A new crime is established, A.R.S. §13-3407.01, Manufacturing methamphetamine under circumstances that cause physical injury to a minor. The offense is a Class 2 Felony, the minor must be under 15 years of age and the offense is punishable as a dangerous crime against children.

Possession of methamphetamine for sale, possession of equipment or chemicals to manufacture methamphetamine, manufacturing methamphetamine and trafficking in methamphetamine (sale, import, offer to sell, etc.) carries its own sentencing provisions, A.R.S. §13-712. For the first offense, the range is 5-10-15 years, for second or subsequent offense the range is 10-15-20 years. The defendant is not eligible for probation.

In setting bail the court must consider if the person committed one of the above named offenses.

Products in which pseudoepherine is the single active ingredient must be kept behind a store counter or in a locked facility inaccessible to customers without the assistance of an employee. This does not apply to liquid, liquid capsule or gel capsule form of the product. Places restrictions on purchasing pseudoepherine, norpseudoepherine, phenylpropanolamine and ephedrine.

Permits a county or city to remediate a property contaminated by methamphetamine if the owner does not. The cost is passed on to the owner in the form of a property lien.

Provides authority for DHS to accept and spend grant monies for methamphetamine education. The monies can only be disbursed to local prosecutorial or law enforcement agencies with existing programs, faith based organizations and non profit entities providing services to women with a history of dual diagnosis disorders that provide educational programs on the repercussions of methamphetamine use.

Statutes Affected:  13-604.01; 13-712; 13-3404.01; 13-3407; 13-3967