Bill Text: AZ HB2439 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced
Bill Title: Homicide; special sentencing provisions
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-25 - Referred to House JUD Committee [HB2439 Detail]
Download: Arizona-2010-HB2439-Introduced.html
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REFERENCE TITLE: homicide; special sentencing provisions |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HB 2439 |
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Introduced by Representative Driggs
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AN ACT
amending title 13, chapter 7, Arizona Revised Statutes, by adding section 13-709.05; amending section 13-1103, Arizona Revised Statutes; relating to sentencing.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 7, Arizona Revised Statutes, is amended by adding section 13-709.05, to read:
13-709.05. Special sentencing provisions; driving while intoxicated; homicide; definition
A. A person who is convicted of committing a violation of section 13‑1102, 13‑1103 or 13‑1104, which offense was committed while the person was driving a motor vehicle and the person's alcohol concentration at the time of committing the offense was 0.20 or more, shall be sentenced to a term of imprisonment that is at least five years more than the presumptive sentence authorized under this chapter and the person is not eligible for suspension of sentence, commutation or release on any basis until the sentence imposed is served.
B. For the purposes of this section, "alcohol concentration" has the same meaning prescribed in section 28‑101.
Sec. 2. Section 13-1103, Arizona Revised Statutes, is amended to read:
13-1103. Manslaughter; classification
A. A person commits manslaughter by:
1. Recklessly causing the death of another person. ; or
2. Committing second degree murder as defined in section 13‑1104, subsection A upon a sudden quarrel or heat of passion resulting from adequate provocation by the victim. ; or
3. Intentionally aiding another to commit suicide. ; or
4. Committing second degree murder as defined in section 13‑1104, subsection A, paragraph 3, while being coerced to do so by the use or threatened immediate use of unlawful deadly physical force upon such person or a third person which a reasonable person in his situation would have been unable to resist. ; or
5. Knowingly or recklessly causing the death of an unborn child by any physical injury to the mother.
6. Causing an accident while driving a motor vehicle that results in the death of another person if the person driving the motor vehicle is in violation of section 28-1381, 28-1382 or 28-1383.
B. An offense under subsection A, paragraph 5 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 5 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.
C. Manslaughter is a class 2 felony.
