Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-117, Arizona Revised
Statutes, is amended to read:
START_STATUTE12-117. Public defender training fund;
appropriation
A. The public defender training fund is established
consisting of monies allocated to the fund pursuant to section 12‑116. The
supreme court shall administer the fund.
B. Each month the supreme court shall deposit in the
fund the monies collected for the fund. All monies deposited in the
fund are continuously appropriated to the supreme court for distribution to
each county public defender and the state
capital postconviction public defender office as provided in
subsection C of this section.
C. The allocation of monies collected shall be made
to each county public defender office and
the state capital postconviction public defender office in
proportion to the number of felony cases assigned to that office in the last
fiscal year.
D. Monies received shall be used exclusively for the
purpose of public defender training. Each public defender office
receiving training fund monies shall submit to the supreme court an annual
report of all financial receipts and expenditures from the training fund. END_STATUTE
Sec. 2. Section 12-120.21, Arizona Revised
Statutes, is amended to read:
START_STATUTE12-120.21. Jurisdiction and venue
A. The court of appeals shall have:
1. Appellate jurisdiction in all actions and
proceedings originating in or permitted by law to be appealed from the superior
court, except criminal actions involving
crimes for which a sentence of death has actually been imposed.
2. Jurisdiction to issue writs of certiorari to
review the lawfulness of awards of the industrial commission and to enter
judgment affirming or setting aside the awards.
3. Jurisdiction to issue injunctions and other writs
and orders necessary and proper to the complete exercise of its appellate
jurisdiction.
4. Jurisdiction to hear and determine petitions for
special actions brought pursuant to the ARizona
rules of procedure for special actions, without regard to its
appellate jurisdiction.
B. A case or appeal of which the court of appeals
has jurisdiction in an action or proceeding originating in or permitted by law
to be appealed from the superior court in a county shall be brought or filed in
the division which that contains that
county. An application for a writ of certiorari to review the
lawfulness of an award of the industrial commission shall be brought in
division 1. END_STATUTE
Sec. 3. Section
13-702, Arizona Revised Statutes, is amended to read:
START_STATUTE13-702. Sentencing; definition
A. Sentences
provided in section 13‑701 for a first conviction of a felony, except
those felonies involving the discharge, use or
threatening exhibition of a deadly weapon or dangerous instrument or the
intentional or knowing infliction of serious physical injury upon another or if
a specific sentence is otherwise provided, may be increased or reduced by the court within the ranges set by this subsection. Any reduction or increase shall be based on the aggravating and
mitigating circumstances contained in subsections C and D of this section and
shall be within the following ranges:
Minimum Maximum
1. For a class 2 felony
4 years 10 years
2. For a class 3 felony 2.5
years 7 years
3. For a class 4 felony 1.5
years 3 years
4. For a class 5 felony
9 months 2 years
5. For a class 6 felony
6 months 1.5 years
B. The upper or lower term imposed
pursuant to section 13‑604, 13‑604.01, 13‑604.02, 13‑702.01
or 13‑710 or subsection A of this section 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 C, 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.
C. For the purpose of determining the sentence
pursuant to section 13‑710 and subsection A 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 section 13‑604.
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
section 13‑604.
3. If the offense involves
the taking of or damage to property, the value of the property
so 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 section 13‑3116.
13. The victim of the offense is
at least sixty‑five years of age or is a disabled
person as defined by in section 38‑492.
14. The defendant was appointed pursuant to title 14
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 section 41‑1750,
subsection A, paragraph 3 or because of the defendant's perception of the
victim's identity in a group listed in section 41‑1750, subsection A,
paragraph 3.
16. The defendant was convicted of
a violation of section 13‑1102, section 13‑1103, section 13‑1104,
subsection A, paragraph 3 or section 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 section 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 exist that are set forth in section 13‑3601,
subsection A.
19. The offense was committed in retaliation for a
victim's 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 section 1‑215.
21. The defendant was in violation of 8 United
States Code section 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 either section 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.
D. For the purpose of determining
the sentence pursuant to section 13‑710 and subsection A 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 such as to 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 sections 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.
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
call for 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.
E. 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.
F. Nothing in this section affects
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.
G. Notwithstanding any other
provision of this title, if a person is convicted of any class 6 felony not
involving the intentional or knowing infliction of serious physical injury or
the discharge, use or threatening exhibition of a deadly weapon or dangerous
instrument 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. 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:
1. Files an information in superior
court designating the offense as a misdemeanor.
2. Files a complaint in justice
court or municipal court designating the offense as a misdemeanor within the
jurisdiction of the respective court.
3. Files a complaint, with the
consent of the defendant, before or during the preliminary hearing amending the
complaint to charge a misdemeanor.
H. 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. END_STATUTE
Sec. 4. Section 13-703, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-703. Sentence of life or natural life
imprisonment; victims' rights
A. If the
state has filed a notice of intent to seek the death penalty and the
a defendant is convicted
of first degree murder as defined in section 13‑1105, 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 section 13‑703.01.
If the court imposes a natural life
sentence, the court shall order that the defendant not be released on any basis
for the remainder of the defendant's natural life. 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. In this section, for purposes of punishment an unborn child shall be
treated like a minor who is under twelve years of age.
B. At the aggravation
phase of the sentencing proceeding that is held pursuant to section 13‑703.01,
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 section 13‑703.01,
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
section 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.
(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.
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 the
provisions of section 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
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. 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.
B. The
victim has the right to be present at any sentencing proceeding and to present
any information that is relevant to the proceeding. 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. For the purposes of this subsection, "victim" means the
murdered person's spouse, parent, child or other lawful representative, except
if the spouse, parent, child or other lawful representative is in custody for
an offense or is the accused. END_STATUTE
Sec. 5. Repeal
Section 13-703.01,
Arizona Revised Statutes, as amended by Laws 2005, chapter 325, section 3,
section 13-703.01, Arizona Revised Statutes, as amended by Laws 2005, chapter
325, section 4 and sections 13-703.02,
13‑703.03, 13-703.04, 13-703.05, 13-704, 13-705 and 13-706, Arizona Revised Statutes, are
repealed.
Sec. 6. Section
13-713, Arizona Revised Statutes, is amended to read:
START_STATUTE13-713. Third or subsequent offenses by
violent or aggravated offenders; sentencing; life imprisonment; definition
A. 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.
B. In order for the penalty under subsection A 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.
C. Chapter 3 of this title applies to all offenses
under this section.
D. 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.
E. For the purposes of this section, "violent
or aggravated felony" means any of the following offenses:
1. First degree murder.
2. Second degree murder.
3. Aggravated assault resulting in serious physical
injury or involving the discharge, use or threatening exhibition of a deadly
weapon or dangerous instrument.
4. Dangerous or deadly assault by prisoner.
5. Committing assault with intent to incite to riot
or participate in riot.
6. Drive by shooting.
7. Discharging a firearm at a residential structure
if the structure is occupied.
8. Kidnapping.
9. Sexual conduct with a minor that is a class 2
felony.
10. Sexual assault.
11. Molestation of a child.
12. Continuous sexual abuse of a child.
13. Violent sexual assault.
14. Burglary in the first degree committed in a
residential structure if the structure is occupied.
15. Arson of an occupied structure.
16. Arson of an occupied jail or prison facility.
17. Armed robbery.
18. Participating in or assisting a criminal
syndicate or leading or participating in a criminal street gang.
19. Terrorism.
20. Taking a child for the purpose of prostitution.
21. Child prostitution.
22. Commercial sexual exploitation of a minor.
23. Sexual exploitation of a minor.
24. Unlawful introduction of disease or parasite as
prescribed by section 13-2912, subsection A, paragraph 2 or 3. END_STATUTE
Sec. 7. Section 13-1105, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-1105. First degree murder; classification
A. A person commits first degree murder if:
1. Intending or knowing that the person's conduct
will cause death, the person causes the death of another person, including an
unborn child, with premeditation or, as a result of causing the death of
another person with premeditation, causes the death of an unborn child.
2. Acting either alone or with one or more other
persons the person commits or attempts to commit sexual conduct with a minor
under section 13‑1405, sexual assault under section 13‑1406,
molestation of a child under section 13‑1410, terrorism under section 13‑2308.01,
marijuana offenses under section 13‑3405, subsection A, paragraph 4,
dangerous drug offenses under section 13‑3407, subsection A, paragraphs 4
and 7, narcotics offenses under section 13‑3408, subsection A, paragraph
7 that equal or exceed the statutory threshold amount for each offense or
combination of offenses, involving or using minors in drug offenses under
section 13‑3409, kidnapping under section 13‑1304, burglary under
section 13‑1506, 13‑1507 or 13‑1508, arson under section 13‑1703
or 13‑1704, robbery under section 13‑1902, 13‑1903 or 13‑1904,
escape under section 13‑2503 or 13‑2504, child abuse under section
13‑3623, subsection A, paragraph 1,
or unlawful flight from a pursuing law enforcement vehicle under section 28‑622.01
and, in the course of and
in furtherance of the offense or immediate flight from the offense, the person
or another person causes the death of any person.
3. Intending or knowing that the person's conduct
will cause death to a law enforcement officer, the person causes the death of a
law enforcement officer who is in the line of duty.
B. Homicide, as prescribed in subsection A, paragraph
2 of this section, requires no specific mental state other than what is
required for the commission of any of the enumerated felonies.
C. An offense under subsection A, paragraph 1 of
this section applies to an unborn child in the womb at any stage of its
development. A person shall not be prosecuted under subsection A, paragraph 1
of this section if any of the following applies:
1. The person was performing an abortion for which
the consent of the pregnant woman, or a person authorized by law to act on the
pregnant woman's behalf, has been obtained or for which the consent was implied
or authorized by law.
2. The person was performing medical treatment on
the pregnant woman or the pregnant woman's unborn child.
3. The person was the unborn child's mother.
D. First degree murder is a class 1 felony and is
punishable by death or life
or natural life imprisonment
as provided by sections section 13‑703 and 13‑703.01. END_STATUTE
Sec. 8. Section 13-3841, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-3841. Definitions
In this article, unless the context otherwise requires:
1. "Charged with crime", "criminal
charge" or "criminal offense" includes any of the following:
(a) A felony or misdemeanor offense.
(b) Escape from confinement or the custody of any of
the following:
(i) A law enforcement officer.
(ii) A custodial official.
(iii) A custodial agency.
(iv) A custodial institution.
(c) Being accused on a warrant of violating the
terms of federal or state supervision.
(d) Being accused of violating bail or conditions of
release.
(e) The
conviction Being
convicted of a crime.
(f) Having an unserved remaining criminal sentence.
(g) Being
subject to the death penalty on criminal conviction.
3. 2. "Executive
authority" includes the governor, and any person performing the functions
of governor in a state other than this state.
2. 3. "Governor"
includes any person performing the functions of governor by authority of the
law of this state.
4. "State, ", when referring to a state
other than this state, means any other state or territory, organized or
unorganized, of the United States. END_STATUTE
Sec. 9. Section 13-3854, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-3854. Arrest without a warrant
The arrest of a person
A peace officer or a private citizen may
be lawfully made also by any peace officer or a private citizen
make an arrest without a
warrant upon on reasonable information that
the accused stands charged in the courts of another state with a crime
punishable by death or
imprisonment for a term exceeding one year, but when so arrested. On arrest, the accused must be taken before a judge or
magistrate with all practicable speed and a complaint must be made against him the accused under oath setting.
The complaint shall set forth the ground for the arrest as in
section 13‑3853, and thereafter his
the answer shall be heard
as if he the accused had been arrested on a warrant. END_STATUTE
Sec. 10. Section 13-3856, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-3856. Bail; in what cases; conditions of
bond
Unless the offense with which the person is charged is an
offense that is punishable by death or
life imprisonment under the laws of the state in which it the
offense was committed, or the person is alleged to have escaped
from jail or prison or violated the terms of release following conviction of a
crime that is punishable in the state of conviction by imprisonment for a term
exceeding one year, a judge or magistrate in this state shall admit the person
arrested to bail by bond or undertaking, with sufficient sureties, and in such
sum as the court deems proper, conditioned on the person's appearance before
the court at all times specified by the court, and for the person's surrender, upon on the warrant of the governor of this
state. This section does not prevent the immediate service of the
governor's warrant that is issued pursuant to section 13‑3847. END_STATUTE
Sec. 11. Section 13-3859.02, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-3859.02. Imprisonment; alternative methods of
extradition
If after a local criminal prosecution a fugitive defendant is
sentenced to serve a term of imprisonment in a correctional facility or a
county jail, the court shall vacate the fugitive proceedings and shall
exonerate the fugitive bond. After the proceedings are vacated and
the bond is exonerated, except for death
penalty cases, sections 31‑481 and 31‑482
apply. If sections 31‑481 and 31‑482 do not apply, the
fugitive matter is governed by any other applicable procedure for the rendition
or extradition of fugitives, subject to section 13‑3859. The
defendant's fugitive status is not extinguished by the sentence of
imprisonment. END_STATUTE
Sec. 12. Section 13-3870, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-3870. Executive agreements
A. If this state wishes to obtain custody of a
person who is charged in
this state with a criminal offense and the person was convicted or is
imprisoned or held under criminal proceedings then pending against him in
another state, the governor of this state and the executive authority of the
other state may agree on the extradition of the person before the criminal
proceedings against the person have terminated or the person's sentence has
been served in the other state.
B. Any executive agreement entered into pursuant to
subsection A of this section shall be conditioned on the return of the person
to the other state at this state's expense as soon as the prosecution in this
state is terminated, unless the person is
sentenced to death under the laws of this state.
C. On demand of the executive authority of another
state the governor may surrender a person in this state who was returned to
this state pursuant to section 13‑3863 and who has been charged with a
criminal offense in the demanding state. The person may be
surrendered even if the person left the demanding state involuntarily. END_STATUTE
Sec. 13. Section 13-3906, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-3906. Processing arrestees; citizenship
determination; notice
A. Within twenty-four hours after a person is
brought to a law enforcement agency for incarceration, the law enforcement
agency shall inquire of the person and determine that person's country of
citizenship. If the person is not a United States citizen, the law
enforcement agency shall:
1. Notify the person's country of citizenship of the
person's detention if the person does not waive notification or if the person's
country of citizenship requires notification regardless of the person's waiver
of notification.
2. Document the notification to the person's country
of citizenship and any waiver of notification.
3. Transmit any information obtained pursuant to
this section to the court and the prosecuting agency for the purpose of making
a determination pursuant to section 13‑3961, subsection A, paragraph 5 4 or section 13‑3967, subsection B,
paragraph 11 or for any other lawful purpose.
B. The failure or inability of a law enforcement
agency to provide the notice required by this section does not:
1. Affect the admissibility of any statements, the
voluntariness of a guilty plea or the validity of a conviction.
2. Afford a defendant any rights in any proceeding
related to deportation, exclusion or denial of naturalization. END_STATUTE
Sec. 14. Section 13-3961, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-3961. Offenses not bailable; purpose;
preconviction; exceptions
A. A person who is in custody shall not be admitted
to bail if the proof is evident or the presumption great that the person is
guilty of the offense charged and
the offense charged is one of the following:
1. A capital
offense.
2. 1. Sexual assault.
3. 2. Sexual conduct
with a minor who is under fifteen years of age.
4. 3. Molestation of a
child who is under fifteen years of age.
5. 4. A serious felony
offense if there is probable cause to believe that the person has entered or
remained in the United States illegally. For the purposes of this
paragraph:
(a) The court shall consider all of the following in
making a determination that a person has entered or remained in the United States illegally:
(i) Whether a hold has been placed on the arrested
person by the United States immigration and customs enforcement.
(ii) Any indication by a law enforcement agency that
the person is in the United States illegally.
(iii) Whether an admission by the arrested person
has been obtained by the court or a law enforcement agency that the person has
entered or remained in the United States illegally.
(iv) Any information received from a law enforcement
agency pursuant to section 13‑3906.
(v) Any evidence that the person has recently
entered or remained in the United States illegally.
(vi) Any other relevant information that is obtained
by the court or that is presented to the court by a party or any other person.
(b) "Serious felony offense" means any
class 1, 2, 3 or 4 felony or any violation of section 28‑1383.
B. The purposes of bail and any conditions of
release that are set by a judicial officer include:
1. Assuring the appearance of the accused.
2. Protecting against the intimidation of witnesses.
3. Protecting the safety of the victim, any other
person or the community.
C. The initial determination of whether an offense
is bailable pursuant to subsection A of this section shall be made by the
magistrate or judicial officer at the time of the person's initial appearance.
D. Except as provided in subsection A of this
section, a person who is in custody shall not be admitted to bail if the person
is charged with a felony offense and the state certifies by motion and the
court finds after a hearing on the matter that there is clear and convincing
evidence that the person charged poses a substantial danger to another person
or the community or engaged in conduct constituting a violent offense, that no
condition or combination of conditions of release may be imposed that will
reasonably assure the safety of the other person or the community and that the
proof is evident or the presumption great that the person committed the offense
for which the person is charged. For the purposes of this subsection,
"violent offense" means either of the following:
1. A dangerous crime against children.
2. Terrorism.
E. On oral motion of the state, the court shall
order the hearing required by subsection D of this section at or within twenty‑four
hours of the initial appearance unless the person who is subject to detention
or the state moves for a continuance. A continuance that is granted on the
motion of the person shall not exceed five calendar days unless there are
extenuating circumstances. A continuance on the motion of the state shall be
granted on good cause shown and shall not exceed twenty‑four
hours. The prosecutor shall provide reasonable notice and an
opportunity for victims and witnesses to be present and heard at any hearing. The person may be detained
pending the hearing. The person is entitled to representation by counsel and
is entitled to present information by proffer or otherwise, to testify and to
present witnesses in the person's own behalf. Testimony of the person charged
that is given during the hearing shall not be admissible on the issue of guilt
in any subsequent judicial proceeding, except as it might relate to the
compliance with or violation of any condition of release subsequently imposed
or the imposition of appropriate sentence or in perjury proceedings, or for the
purposes of impeachment. The case of the person shall be placed on an
expedited calendar and, consistent with the sound administration of justice,
the person's trial shall be given priority. The person may be admitted to bail
in accordance with the Arizona rules of criminal procedure whenever a judicial
officer finds that a subsequent event has eliminated the basis for detention.
F. The finding of an indictment or the filing of an
information does not add to the strength of the proof or the presumption to be
drawn.
G. In a hearing pursuant to subsection C of this
section, proof that the person is a criminal street gang member may give rise
to the inference that the person poses a substantial danger to another person
or the community and that no condition or combination of conditions of release
may be imposed that will reasonably assure the safety of the other person or
the community. END_STATUTE
Sec. 15. Repeal
Title 13, chapter 38, article 17, Arizona Revised Statutes, is
repealed.
Sec. 16. Section 13-4031, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-4031. Right of appeal
The state, or any party to a prosecution by indictment,
information or complaint, may appeal as prescribed by law and in the manner
provided by the Arizona rules
of criminal procedure, except criminal
actions involving crimes for which a sentence of death has actually been
imposed may only be appealed to the supreme court. END_STATUTE
Sec. 17. Section 13-4033, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-4033. Appeal by defendant
A. An appeal may be taken by the defendant only
from:
1. A final judgment of conviction or verdict of
guilty except insane.
2. An order denying a motion for a new trial or from
an order made after judgment affecting the substantial rights of the party.
3. A sentence on the grounds that it is illegal or
excessive.
B. In
noncapital cases A defendant may not appeal from a judgment or
sentence that is entered pursuant to a plea agreement or an admission to a
probation violation. END_STATUTE
Sec. 18. Section 13-4040, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-4040. Divestiture of jurisdiction of supreme
court after remission of minute entry and decision
After a certified copy of the minute entry and a copy of the
decision of the supreme court in a criminal appeal has have
been remitted to the trial court from which the appeal was taken,
the supreme court shall have no further jurisdiction of the appeal, or of the
proceedings thereon. All orders which that
may be necessary to carry the decision of the supreme court into
effect shall be made by the court to which the copy of the minute entry and the copy of the decision is are remitted, except when a judgment or sentence of death has been
affirmed on appeal after the time appointed for the execution of the sentence
and the supreme court has fixed a new time for execution and issued a warrant
to the director of the department of corrections to execute the sentence at the
time designated in the warrant. END_STATUTE
Sec. 19. Section 13-4041, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-4041. Fee of counsel assigned in criminal
proceeding or insanity hearing on appeal or in postconviction relief
proceedings; reimbursement
A. Except
pursuant to subsection G of this section, If counsel is appointed
by the court to represent the defendant in either a criminal proceeding or
insanity hearing on appeal, the county in which the court from which the appeal
is taken presides shall pay counsel, except that in those appeals where the
defendant is represented by a public defender or other publicly funded office, the county shall not set or pay compensation
shall not be set or paid.
Compensation for services rendered on appeal shall be in an amount as the
supreme court in its discretion deems reasonable, considering the services
performed.
B. After the
supreme court has affirmed a defendant's conviction and sentence in a capital
case, the supreme court, or if authorized by the supreme court, the presiding
judge of the county from which the case originated shall appoint counsel to
represent the capital defendant in the state postconviction relief proceeding.
The court shall appoint counsel from the state capital postconviction public
defender office unless a conflict exists or the court makes a finding that the
office cannot represent the defendant.
C. Notwithstanding
subsection B of this section, the supreme court shall establish and maintain a
list of persons who are qualified to represent capital defendants in those
cases in which the court does not appoint counsel from the state capital
postconviction public defender office. The supreme court may establish by rule
more stringent standards of competency for the appointment of postconviction
counsel in capital cases than are provided by this subsection. The supreme
court may refuse to certify an attorney on the list who meets the
qualifications established under this subsection or may remove an attorney from
the list who meets the qualifications established under this subsection if the
supreme court determines that the attorney is incapable or unable to adequately
represent a capital defendant. The court shall appoint counsel from the list.
Counsel who are appointed from the list shall meet the following
qualifications:
1. Be a member
in good standing of the state bar of Arizona for at least five years
immediately preceding the appointment.
2. Have
practiced in the area of state criminal appeals or postconviction proceedings
for at least three years immediately preceding the appointment.
3. Not
previously have represented the capital defendant in the case either in the
trial court or in the direct appeal, unless the defendant and counsel expressly
request continued representation and waive all potential issues that are
foreclosed by continued representation.
D. Before
filing a petition, the capital defendant may personally appear before the trial
court and waive counsel. If the trial court finds that the waiver is knowing
and voluntary, appointed counsel may withdraw. The time limits in which to
file a petition shall not be extended due solely to the change from appointed
counsel to self‑representation.
E. If at any
time the trial court determines that the capital defendant is not indigent,
appointed counsel shall no longer be compensated by public monies and may
withdraw.
F. Unless
counsel is employed by a publicly funded office, counsel appointed to represent
a capital defendant in state postconviction relief proceedings shall be paid an
hourly rate of not to exceed one hundred dollars per hour for up to two hundred
hours of work, whether or not a petition is filed. Monies shall not be paid to
court appointed counsel unless either:
1. A petition
is timely filed.
2. If a
petition is not filed, a notice is timely filed stating that counsel has
reviewed the record and found no meritorious claim.
G. b. On a showing of good cause,
the trial court shall compensate appointed counsel from county funds in addition to the amount of compensation
prescribed by subsection F of this section by paying an hourly
rate in an amount that does not exceed one hundred dollars per hour. The
attorney may establish good cause for additional fees by demonstrating that the
attorney spent over two hundred hours representing the defendant in the
proceedings. The court shall review and approve additional reasonable fees and
costs. If the attorney believes that the court has set an unreasonably low
hourly rate or if the court finds that the hours the attorney spent over the
two hundred hour threshold are unreasonable, the attorney may file a special
action with the Arizona supreme court. If counsel is appointed in successive
postconviction relief proceedings, compensation shall be paid pursuant to
section 13‑4013, subsection A.
H. The county shall request reimbursement for fees
it incurs pursuant to subsections F, G and I of this section arising out of the
appointment of counsel to represent an indigent capital defendant in a state
postconviction relief proceeding. The state shall pay fifty per cent of the
fees incurred by the county out of monies appropriated to the supreme court for
these purposes. The supreme court shall approve county requests for
reimbursement after certification that the amount requested is owed.
I. c. The trial court may
authorize additional monies to pay for investigative and expert services that
are reasonably necessary to adequately litigate those claims that are not
precluded by section 13‑4232.END_STATUTE
Sec. 20. Repeal
Section 13-4042,
Arizona Revised Statutes, is repealed.
Sec. 21. Section 13-4234, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-4234. Commencement of proceedings; notice;
assignment of judge
A. A proceeding is commenced by timely filing a
notice of postconviction relief with the clerk of the court in which the
conviction occurred. The clerk of the trial court shall provide notice forms
for commencement of first and successive postconviction relief
proceedings. The notice shall bear the caption of the original
criminal action to which it pertains. The notice in successive
postconviction relief proceedings shall comply with section 13‑4232,
subsection B. On receipt of the notice, the clerk of the trial court
shall file a copy of the notice in the case file of each original action and
promptly send copies to the defendant, the defendant's attorney, if known, the
county attorney and the attorney general, noting the date and manner of sending
the copies in the record. The state shall notify the victim on
request.
B. If an appeal of the defendant's conviction or
sentence, or both, is pending, the clerk, within five days after the filing of
the notice for postconviction relief, shall send a copy of the notice to the
appropriate appellate court, noting the date and manner of sending the copy in
the record.
C. In
noncapital cases, The notice shall be filed within ninety days
after the judgment and sentence are entered or within thirty days after the
order and mandate affirming the judgment and sentence is issued on direct
appeal, whichever is later. A defendant has sixty days from the
filing of the notice in which to file a petition. On the filing of a
successive notice, a defendant has thirty days from the filing of the notice in
which to file a petition.
D. In capital
cases, on the issuance of a mandate affirming the defendant's conviction and
sentence on direct appeal, the clerk of the supreme court expeditiously shall
file a notice of postconviction relief with the trial court. On the
first notice in capital cases, a defendant has sixty days from the filing of
the notice in which to file a petition. The supreme court shall
appoint counsel pursuant to section 13‑4041, subsection B. All
indigent state prisoners under a capital sentence are entitled to the
appointment of counsel to represent them in state postconviction proceedings. A
competent indigent defendant may reject the offer of counsel with an
understanding of its legal consequence. On successive notice in
capital cases, the trial court shall appoint the previous postconviction relief
counsel of the capital defendant unless counsel is waived pursuant to section
13‑4041, subsection D or good cause exists to appoint another qualified
attorney pursuant to section 13‑4041, subsection B. On the filing
of a successive notice, a capital defendant or an appointed attorney has thirty
days from the filing of the notice in which to file a petition.
E. d. A defendant who
has pled guilty and who is precluded from filing a direct appeal pursuant to
section 13‑4033 may be granted an additional thirty day extension of time
in which to file the petition if the defendant's counsel refuses to raise
issues and leaves the defendant insufficient time to file a petition within the
time limits.
F. e. On a specific and
detailed showing of good cause, a defendant in a noncapital case may be granted up to a
sixty day extension of time in which to file the petition. On a specific and detailed showing of good
cause, a defendant in a capital case may be granted one thirty day extension of
time in which to file the petition.
G. f. The time limits
are jurisdictional, and an untimely filed notice or petition shall be dismissed
with prejudice.
H. g. If the record of
the trial proceeding has not been transcribed, the defendant may request on a
form provided by the clerk of the superior court that the record be
prepared. The court shall order that those portions of the record be
prepared that it deems necessary to resolve the issues to be raised in the
petition. The preparation of the record is a county expense if the
defendant is indigent. The time for filing the petition is tolled
from the time a request for the record is made until the record is prepared or
the request is denied.
I. h. The proceeding
shall be assigned to the sentencing judge if it is possible. If it
appears that the sentencing judge's testimony is relevant, the sentencing judge
shall transfer the case to another judge.
J. If the
defendant has received a sentence of death and the supreme court has fixed the
time for execution of the sentence, a stay of execution shall not be granted on
the filing of a second or subsequent petition except on separate application
for a stay to the supreme court setting forth with particularity those issues
raised which are not precluded under section 13‑4232. The warrant shall
not be stayed to allow for the filing of a petition. END_STATUTE
Sec. 22. Repeal
Section 13-4234.01,
Arizona Revised Statutes, is repealed.
Sec. 23. Section
21-102, Arizona Revised Statutes, is amended to read:
START_STATUTE21-102. Juries; size; degree of unanimity
required; waiver
A. A jury for trial of a criminal case in which a
sentence of death or
imprisonment for thirty years or more is authorized by law shall consist of
twelve persons, and the concurrence of all shall be necessary to render a
verdict.
B. A jury for trial in any court of record of any
other criminal case shall consist of eight persons, and the concurrence of all
shall be necessary to render a verdict.
C. A jury for trial in any court of record of a
civil case shall consist of eight persons, and the concurrence of all but two
shall be necessary to render a verdict.
D. In a court not of record, a jury for trial of any
case shall consist of six persons. The concurrence of all in a
criminal case and all but one in a civil case shall be necessary to render a
verdict.
E. The parties in a civil case, and the parties with
the consent of the court in a criminal case, may waive trial by jury, or at any
time before a verdict is returned consent to try the case with or receive a
verdict concurred in by a lesser number of jurors than that specified above. END_STATUTE
Sec. 24. Section 25-903, Arizona Revised
Statutes, is amended to read:
START_STATUTE25-903. Dissolution of a covenant marriage;
grounds
Notwithstanding any law to the contrary, if a husband and wife
have entered into a covenant marriage pursuant to this chapter the court shall
not enter a decree of dissolution of marriage pursuant to chapter 3, article 2
of this title unless it finds any of the following:
1. The respondent spouse has committed adultery.
2. The respondent spouse has committed a felony and
has been sentenced to death or
imprisonment in any federal, state, county or municipal correctional facility.
3. The respondent spouse has abandoned the
matrimonial domicile for at least one year before the petitioner filed for
dissolution of marriage and refuses to return. A party may file a
petition based on this ground by alleging that the respondent spouse has left
the matrimonial domicile and is expected to remain absent for the required
period. If the respondent spouse has not abandoned the matrimonial
domicile for the required period at the time of the filing of the petition, the
action shall not be dismissed for failure to state sufficient grounds and the
action shall be stayed for the period of time remaining to meet the grounds
based on abandonment, except that the court may enter and enforce temporary
orders pursuant to section 25‑315 during the time that the action is
pending.
4. The respondent spouse has physically or sexually
abused the spouse seeking the dissolution of marriage, a child, or
a relative of either spouse permanently living in the matrimonial
domicile or has committed domestic violence as defined in section 13‑3601
or emotional abuse.
5. The spouses have been living separate and apart
continuously without reconciliation for at least two years before the
petitioner filed for dissolution of marriage. A party may file a
petition based on this ground by alleging that it is expected that the parties
will be living separate and apart for the required period. If the
parties have not been separated for the required period at the time of the
filing of the petition, the action shall not be dismissed for failure to state
sufficient grounds and the action shall be stayed for the period of time
remaining to meet the grounds based on separation, except that the court may
enter and enforce temporary orders pursuant to section 25‑315 during the
time that the action is pending.
6. The spouses have been living separate and apart
continuously without reconciliation for at least one year from the date the
decree of legal separation was entered.
7. The respondent spouse has habitually abused drugs
or alcohol.
8. The husband and wife both agree to a dissolution
of marriage.END_STATUTE
Sec. 25. Section 25-904, Arizona Revised
Statutes, is amended to read:
START_STATUTE25-904. Decree of legal separation; grounds
Notwithstanding any law to the contrary, if a husband and wife
have entered into a covenant marriage pursuant to this chapter the court shall
not enter a decree of legal separation pursuant to chapter 3, article 2 of this
title unless it finds any of the following:
1. The respondent spouse has committed adultery.
2. The respondent spouse has committed a felony and
has been sentenced to death or
imprisonment in any federal, state, county or municipal correctional facility.
3. The respondent spouse has abandoned the
matrimonial domicile for at least one year before the petitioner filed for
legal separation and refuses to return. A party may file a petition
based on this ground by alleging that the respondent spouse has left the
matrimonial domicile and is expected to remain absent for the required
period. If the respondent spouse has not abandoned the matrimonial
domicile for the required period at the time of the filing of the petition, the action shall not be
dismissed for failure to state sufficient grounds and the action shall be
stayed for the period of time remaining to meet the grounds based on
abandonment, except that the court may enter and enforce temporary orders
pursuant to section 25‑315 during the time that the action is pending.
4. The respondent spouse has physically or sexually
abused the petitioner, a child,
or a relative of either
spouse permanently living in the matrimonial domicile or has committed domestic
violence as defined in section 13‑3601 or emotional abuse.
5. The spouses have been living separate and apart
continuously without reconciliation for at least two years before the
petitioner filed for legal separation. A party may file a petition
based on this ground by alleging that it is expected that the parties will be
living separate and apart for the required period. If the parties
have not been separated for the required period at the time of the filing of
the petition, the action shall not be dismissed for failure to state sufficient
grounds and the action shall be stayed for the period of time remaining to meet
the grounds based on separation, except that the court may enter and enforce
temporary orders pursuant to section 25‑315 during the time that the
action is pending.
6. The respondent spouse's habitual intemperance or
ill treatment of the other spouse is of such a nature as to render their living
together insupportable.
7. The respondent spouse has habitually abused drugs
or alcohol.END_STATUTE
Sec. 26. Section 31-240, Arizona Revised Statutes,
is amended to read:
START_STATUTE31-240. Prisoner education services budget;
prohibitions
A. The director shall establish and maintain a
dedicated prisoner education services budget for each state prison to identify
the monies appropriated to the department and expended for the following
education programs:
1. The functional literacy program established
pursuant to section 31‑229.
2. Adult basic education.
3. General equivalency diploma preparation.
4. Vocational and technical education.
B. The director shall not expend the education
services budget monies for education programs dedicated to prisoners
incarcerated in a special management unit or prisoners sentenced to death.
C. The
provisions of Subsection B of this section shall does
not apply to prisoners who are under eighteen years of age and
prisoners with disabilities who are under twenty‑two years of age. END_STATUTE
Sec. 27. Section 31-445, Arizona Revised
Statutes, is amended to read:
START_STATUTE31-445. Publication of reasons for granting a
commutation, pardon or reprieve
When the governor grants
a commutation, pardon, reprieve or stay or suspends execution of sentence in a
case where a sentence of death is imposed, he shall, Within ten
days after granting the a commutation, pardon, or reprieve, or
stay or suspension of execution, cause to be published the governor shall publish in
bold type, in a newspaper of general circulation, that
is published in the county where the conviction was had, and
shall file with the secretary of state for publication in the Arizona
administrative register, a statement setting forth his the
governor's reasons for granting the commutation, pardon, or reprieve or for staying or suspending such execution. A
further reprieve shall not be granted except upon on
the same procedure. END_STATUTE
Sec. 28. Section 41-1013, Arizona Revised
Statutes, is amended to read:
START_STATUTE41-1013. Register
A. The secretary of state shall publish the register
at least once each month, including the information which that
is provided under subsection B of this section and which that
is filed with the secretary of state during the preceding thirty
days. The secretary of state shall publish an index to the register
at least twice each year.
B. The register shall contain:
1. A schedule of the time, date and place of all
hearings on proposed repeals, makings or amendments of rules.
2. Each governor's executive order.
3. Each governor's proclamation of general
applicability, and each statement filed by the governor in granting a
commutation, pardon or reprieve or stay
or suspension of execution where a sentence of death is imposed.
4. A summary of each attorney general's opinion.
5. Each governor's appointment of state officials
and board and commission members.
6. A table of contents.
7. The notice and agency summary of each docket
opening.
8. The full text and accompanying preamble of each
proposed rule.
9. The full text and accompanying preamble of each
final rule.
10. The full text and accompanying preamble of each
emergency rule.
11. Supplemental notices of a proposed rule or
summary rule.
12. A summary of council action on each rule.
13. The full text of any exempt final rule filed
with the secretary of state pursuant to section 41‑1005, subsection C.
14. The identification and a summary of substantive
policy statements and notice and a summary of any guidance document publication
or revision submitted by an agency.
15. Notices of oral proceedings, public workshops or
other meetings on an open rule making docket.
C. The register shall be available by subscription
and for single copy purchase. The charge for each register or
periodic subscription shall be a reasonable charge, not to exceed all costs of
production and distribution of the register.
D. For purposes of this section, full text
publication in the register includes all new, amended or added language and
such existing language as the proposing agency deems necessary for a proper
understanding of the proposed rule. Rules that are undergoing extensive
revision may be reprinted in whole. Existing rule language not required for
understanding shall be omitted and marked "no change". END_STATUTE
Sec. 29. Repeal
Section 41-3011.13,
Arizona Revised Statutes, is repealed.
Sec. 30. Repeal
Title 41, chapter 42, Arizona Revised Statutes, is repealed.
Sec. 31. Repeal
Laws 2006, chapter 369, sections 8, 9 and 10 are repealed.
Sec. 32. Death sentences; commutation
The supreme court shall remand each case in which a sentence of
death was imposed before the effective date of this act to the court in the
county in which the sentence of death was imposed and that court shall strike
the sentence of death and enter in its place a sentence of natural life. An
order sentencing a prisoner to natural life is not subject to commutation,
parole, community supervision, work furlough or work release.