Senate Judiciary 2-27-23
Purpose
Establishes and defines a drug-free neighborhood zone and outlines penalties and fines
associated with violations of selling or transferring fentanyl in a zone. Outlines requirements for
establishing the location and boundaries of a zone and where signs must be placed to notify the
public of the zone. Modifies the culpable mental state a person must have in order to commit the
crime of selling or transferring drugs in a drug-free school zone.
Background
It is unlawful for a person to intentionally be present in a drug-free school zone to sell or
transfer marijuana, peyote, prescription-only drugs, dangerous drugs or narcotic drugs, to possess
or use the prescribed drugs, or to manufacture these drugs in a drug-free school zone. A person
who commits a prescribed offense is guilty of the same class of felony they would be guilty of had
the offense occurred outside of the drug-free school zone, except that the presumptive, minimum
and maximum sentence must be increased by one year. In addition to any other penalty, the court
must order a person who is convicted of a violation in a drug-free school zone to pay a fine of not
less than $2,000 or three times the amount of the value of the drug involved in the offense,
whichever is greater, as determined by the court. A judge may not suspend any part or all of the
fine (A.R.S. § 13-3411).
The court must order a person who commits a narcotic drug offense outside of a drug-free
school zone to pay a fine of not less than $2,000 or three times the value of the narcotic drugs
involved in the offense, whichever is greater, as determined by the court, in addition to any other
penalty. The judge may not suspend any part or all of the fine. The court must order a person who
is guilty of committing a dangerous drug offense outside of a drug-free school zone to pay a fine
of not less than $1,000 or three times the value of the dangerous drugs involved in the offense,
whichever is greater, as determined by the court, in addition to any other penalty. A judge may not
suspend any part or all of the fine. The court must order a person who possesses for sale or
transports for the sale of marijuana outside of a drug-free school zone to pay a fine of not less than
$750 or three times the value of the marijuana involved in the offense, whichever is greater, as
determined by the court, in addition to any other penalty. A judge may not suspend any part or all
of the fine (A.R.S. §§ 13-3405; 13-3407; and 13-3408 ).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
- Deems it unlawful for a person to knowingly be present in a drug-free neighborhood zone to
sell or transfer fentanyl. - Defines a drug-free neighborhood zone as the area within 300 feet of a hospital, a nursing
home, a drug treatment center, a mental and behavioral health facility, a public park and any
of the accompanying grounds of the aforementioned locations. - Classifies an offense as the same class of felony had the person committed the offense outside
of a drug-free neighborhood zone and increases the sentence when an offense is committed in
a drug-free neighborhood zone by one year for the presumptive, minimum, and maximum
sentence. - Specifies that the sentence imposed for an offense committed in a drug-free neighborhood zone
is in addition to any other enhanced punishment that may be applicable to repeat or dangerous
offenders. - Requires the court to order a person convicted of a violation in a drug-free neighborhood zone
to pay a minimum fine of $2,000 or three times the value of the drugs involved in the offense,
whichever is greater, and not exceeding the maximum fine of $150,000 for felony
classifications, and prohibits a judge from suspending any part or all of the fine. - Stipulates that a person who commits a prohibited drug offense as outlined in a drug-free
neighborhood zone is not eligible for suspension of sentence, probation, pardon or release from
confinement on any basis until the sentence imposed by the court has been served or
commuted, except for temporary removal from confinement for work not to exceed one day or
for compassionate leave. - Requires each drug-free neighborhood zone to have a permanent sign that is located in a visible
manner in each drug-free neighborhood zone and its accompanying grounds that identifies the
area as being a drug-free neighborhood zone. - Requires each drug-free neighborhood zone to have a permanently affixed sign that identifies
an area as a drug-free neighborhood zone at all intersections within 300 feet of the zone
measured by a straight line in all directions. - Outlines entities who are required to place and maintain drug-free neighborhood zone signs as:
a) the city or town council, if the zone is located in a city or town; and
b) the county board of supervisors, if the zone is not located in a city or town. - Requires the entity that places and maintains a zone’s signs to mail a notice providing a map
with the locations and boundaries of the zone to each single-family home and multi-family
residential unit resident within the zone, or within 1320 feet of the zone. - Allows the prescribed entities to include information regarding the zone boundaries on a sign
that identifies the area as a drug-free neighborhood zone. - Requires the entity that places a drug-free neighborhood zone sign to prepare a map of the
zone’s location and boundaries and to file the original map with the county recorder and provide
a copy to the county attorney, and keep the county recorder and county attorney updated with
any changes made to the location and boundaries of the drug-free neighborhood zone. - Requires the map of the locations and boundaries of a zone to be posted to the entity’s website
that places and maintains the zone’s signs. - Provides that the drug-free neighborhood zone map submitted to the county recorder is the
official record of the location and boundaries of the zone. - Modifies, from intentionally to knowingly, the culpable mental state a person must have to be
charged with a violation of being present in a drug-free school zone to sell or transfer
marijuana, peyote, prescription-only drugs, dangerous drugs or narcotic drugs. - Defines a drug treatment center as, residential treatment center for substance use disorder, a
behavioral health inpatient facility, behavioral health residential facility, a substance abuse
treatment facility and a hospital or health care facility that provides substance abuse treatment. - Defines permanently affixed sign as a dual color sign that is at least 18 inches by 24 inches and
has capitalized letters of at least 200-point font. - Makes technical and conforming changes.
- Becomes effective on the general effective date.
Amendments Adopted by Committee - Deems it unlawful for a person to knowingly be present in a drug-free neighborhood zone to
sell or transfer fentanyl, rather than marijuana, peyote, prescription-only drugs, dangerous
drugs or narcotics. - Requires each drug-free neighborhood zone to have a permanently affixed sign in a visible
manner within the zone, rather than at the main entrance, that identifies the area and
accompanying grounds as a drug-free neighborhood zone. - Requires each drug-free neighborhood zone to have a permanently affixed sign that identifies
the area and accompanying grounds as a drug-free neighborhood zone, at all intersections
within 300 feet of a zone measured by a straight line in all directions. - Removes the ability of a sign that shows the boundaries and locations of the zone to be placed
in lieu of separate signs. - Requires, rather than allows, entities as outlined to place and maintain the drug-free
neighborhood zone signs. - Requires an entity that places and maintains a zone’s signs to mail a notice providing a map
with the locations and boundaries of the zone to each single-family home and multi-family
residential unit resident within the zone, or within 1320 feet of the zone. - Requires the map of the locations and boundaries of a zone to be posted to the entity’s website
that places and maintains the zone’s signs. - Removes the area within 300 feet of the entrance or exit to a bank or automated teller machine
as being part of a drug-free neighborhood zone. - Removes the definition of a bank and automated teller machine.
- Defines permanently affixed sign as a dual color sign that is at least 18 inches by 24 inches and
has capitalized letters of at least 200-point font. - Specifies in the definition of drug-free neighborhood zone that the area of the drug-free
neighborhood zone is designated with a permanently affixed sign. - Removes a sober living home from the definition of a drug treatment center and subsequently
from the definition of a drug-free neighborhood zone.