Arizona SB 1778: private prison study committee

Bill Text

SB1778 - 572R - I Ver 

 REFERENCE TITLE: juvenile sentenced as adult; sentencing

 State of Arizona

 Senate

 Fifty-seventh Legislature

 Second Regular Session

 2026

 SB 1778

 Introduced by 

 Senator 
 Gonzales

AN 
ACT

Amending section 13-501, Arizona 
Revised Statutes; relating to criminal responsibility.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 13-501, Arizona Revised 
Statutes, is amended to read:

START_STATUTE13-501. Persons under eighteen years of age; felony charging; definitions

A. The county attorney shall bring a criminal 
prosecution against a juvenile in the same manner as an adult if the juvenile 
is fifteen, sixteen or seventeen years of age at the time the alleged offense 
is committed and the juvenile is accused of any of the following offenses:

1. First degree murder in violation of section 13-1105.

2. Second degree murder in violation of section 13-1104.

3. Forcible sexual assault in violation of section 
13-1406.

4. Armed robbery in violation of section 13-1904.

5. Any other violent felony offense.

6. Any felony offense committed by a chronic felony 
offender.

7. Any offense that is properly joined to an offense 
listed in this subsection.

B. Except as provided in subsection A of this 
section, the county attorney may bring a criminal prosecution against a 
juvenile in the same manner as an adult if the juvenile is at least fourteen 
years of age at the time the alleged offense is committed and the juvenile is 
accused of any of the following offenses:

1. A class 1 felony.

2. A class 2 felony.

3. A class 3 felony in violation of any offense in 
chapters 10 through 17 or chapter 19 or 23 of this title.

4. A class 3, 4, 5 or 6 felony involving a dangerous 
offense.

5. Any felony offense committed by a chronic felony 
offender.

6. Any offense that is properly joined to an offense 
listed in this subsection.

C. A criminal prosecution shall be brought against a 
juvenile in the same manner as an adult if the juvenile has been accused of a 
criminal offense and has a historical prior felony conviction.

D. At the time the county attorney files a complaint 
or indictment the county attorney shall file a notice stating that the juvenile 
is a chronic felony offender.� Subject to subsection E of this section, the 
notice shall establish and confer jurisdiction over the juvenile as a chronic 
felony offender.

E. On motion of the juvenile the court shall hold a 
hearing after arraignment and before trial to determine if a juvenile is a 
chronic felony offender.� At the hearing the state shall prove by a 
preponderance of the evidence that the juvenile is a chronic felony offender.� 
If the court does not find that the juvenile is a chronic felony offender, the 
court shall transfer the juvenile to the juvenile court pursuant to section 8-302. If 
the court finds that the juvenile is a chronic felony offender or if the 
juvenile does not file a motion to determine if the juvenile is a chronic 
felony offender, the criminal prosecution shall continue.

F. Except as provided in section 13-921, a 
person who is charged pursuant to this section shall be sentenced in the 
criminal court in the same manner as an adult for any offense for which the 
person is convicted.

G. Unless otherwise provided by law, nothing 
in this section shall be construed as to does not confer jurisdiction in the juvenile court over any 
person who is eighteen years of age or older.

H. Notwithstanding any other law, 
when sentencing a juvenile who has been convicted as an adult, the court:

1. May impose a sentence that is less 
than the minimum term required under law.

2. May not impose any of the 
following sentences:

(a) Death.

(b) Natural 
life.

(c) De facto 
life.

(d) Life 
without the possibility of parole or release.

H. I. For 
the purposes of this section:

1. "Accused" means a juvenile against whom 
a complaint, information or indictment is filed.

2. "Chronic felony offender" means a 
juvenile who has had two prior and separate adjudications and dispositions for 
conduct that would constitute a historical prior felony conviction if the 
juvenile had been tried as an adult.

3. "de facto life" means a 
sentence or consecutive sentences that total twenty-five years or more.

3. 4. "Forcible 
sexual assault" means sexual assault pursuant to section 13-1406 
that is committed without consent as defined in section 13-1401, subsection a, paragraph 7, subdivision (a).

4. 5. "Other 
violent felony offense" means:

(a) Aggravated assault pursuant to section 13-1204, 
subsection A, paragraph 1.

(b) Aggravated assault pursuant to section 13-1204, 
subsection A, paragraph 2 involving the use of a deadly weapon.

(c) Drive by shooting pursuant to section 13-1209.

(d) Discharging a firearm at a structure pursuant to 
section 13-1211. END_STATUTE