Bill Text: AZ HB2605 | 2018 | Fifty-third Legislature 2nd Regular | Introduced


Bill Title: Criminal justice statistics; public information

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2018-02-07 - House read second time [HB2605 Detail]

Download: Arizona-2018-HB2605-Introduced.html

 

 

 

REFERENCE TITLE: criminal justice statistics; public information

 

 

 

 

State of Arizona

House of Representatives

Fifty-third Legislature

Second Regular Session

2018

 

 

HB 2605

 

Introduced by

Representatives Stringer: Engel

 

 

AN ACT

 

amending title 41, chapter 17, Arizona Revised Statutes, by adding article 2; relating to criminal justice.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 41, chapter 17, Arizona Revised Statutes, is amended by adding article 2, to read:

ARTICLE 2.  CRIMINAL JUSTICE STATISTICS

START_STATUTE41-2221.  Criminal case statistics; public website posting; requirements; definitions

A.  Beginning January 1, 2019, On the first day of each month each prosecutor shall post the following information for the previous month on the PROSECUTOR'S public website or on the public website of an affiliated association:

1.  The respective aggregate number of misdemeanor and felony cases by individual defendant:

(a)  That are indicted by the prosecutor's office.

(b)  That are resolved by the prosecutor's office through a plea agreement.  If resolved through a plea agreement, the PROSECUTOR shall post the aggregate number of cases in which the defendant either:

(i)  pled guilty.

(ii)  Pled no contest.

(c)  That are presented for bench or jury trial consideration, excluding prior conviction trials.

(d)  In which a first time felony offender received a sentence of:

(i)  Less than one year imprisonment.

(ii)  ONe year or more but less than three years imprisonment.

(iii)  Three years or more but less than five years imprisonment.

(iv)  Five years or more but less than ten years imprisonment.

(v)  Ten years or more imprisonment.

(e)  In which a repetitive offender received a sentence of:

(i)  Less than one year imprisonment.

(ii)  ONe year or more but less than three years imprisonment.

(iii)  Three years or more but less than five years imprisonment.

(iv)  Five years or more but less than ten years imprisonment.

(v)  Ten years or more imprisonment.

2.  For each individual defendant's indicted case, a breakdown of each offense charged and whether that offense was charged as a misdemeanor or felony.

3.  For each misdemeanor and felony offense that was charged in each individual defendant's case:

(a)  Whether the offense was resolved by plea agreement.

(b)  if the offense was resolved by plea agreement, whether the defendant pled guilty or no contest.

(c)  Whether the offense was presented for bench or jury trial consideration, excluding prior conviction trials.

(d)  The verdict on each misdemeanor and felony charge that was submitted for bench or jury trial consideration.

(e)  The final sentence entered on each charge.

(f)  Any changes that were mandated by an appellate court to a final sentence that was entered by a municipal, justice or superior court.

4.  For each individual defendant's case, whether the defendant has previously been charged with a felony in this state and, if the defendant has PREVIOUSLY been charged with a felony in this state, how many prior felony charges in this state.

5.  For each individual defendant's case where the defendant has a prior felony conviction, a description of each prior felony conviction.

6.  The amount, as recorded by the arresting officer, that was the basis for the following charges:

(a)  Possession or use of marijuana or a dangerous or narcotic drug.

(b)  Possession for sale of marijuana or a dangerous or narcotic drug.

(c)  Possession of equipment or chemicals, or both, for the purpose of manufacturing a dangerous or narcotic drug.

(d)  Manufacturing a dangerous or narcotic drug.

(e)  Administering a dangerous or narcotic drug to another person.

(f)  Obtaining or procuring the administration of a dangerous or narcotic drug by fraud, deceit, misrepresentation or subterfuge.

(g)  Transporting for sale, importing into this state or offering to transport for sale or import into this state, selling, transferring or offering to sell or transfer marijuana or a dangerous or narcotic drug.

7.  For each misdemeanor and felony case, each individual defendant's:

(a)  Age.

(b)  Race or ethnicity.

(c)  Declared gender.

B.  The reports required by this section must be accessible by the public and remain on the prosecutor's public website in perpetuity.

C.  For the purposes of this section:

1.  "Consideration" means a jury was empaneled and sworn in to consider the charges or, in the case of a bench trial, at least one witness testified.

2.  "prosecutor" means the attorney general, a county attorney and a municipal prosecutor. END_STATUTE

feedback