ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
AMENDED
undesignated offenses; misdemeanor status; exceptions
Purpose
Effective July 1, 2022, allows an undesignated class 6 felony to be treated as a misdemeanor until the offense is designated as a misdemeanor or felony, as outlined.
Background
If a person is convicted of a class 6 felony that does not involve a dangerous offense, the court may enter a judgment of a conviction for a class 1 misdemeanor or place the defendant on probation and refrain from designating the offense as a felony or a misdemeanor until the probation is terminated. The offense is treated as a felony for all purposes until the time the court enters an order designating the offense as a misdemeanor. A person who is convicted of a class 6 felony and has previously been convicted of two or more felonies is not eligible for the open designation (A.R.S. 13-604).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a class 6 felony that is not yet designated as a felony to be treated as a misdemeanor until the court designates the offense as a misdemeanor or a felony.
2. Requires an undesignated class 6 felony offense to be treated as a felony conviction for the purposes of:
a) placing the defendant on felony probation;
b) determining the defendant's right to possess a firearm;
c) being used as a historical prior felony conviction;
d) being admissible for impeachment purposes in a subsequent trial; or
e) being used to enhance the sentence.
3. Requires the court to designate an undesignated offense as a misdemeanor on the defendant's successful fulfillment of the condition of probation and discharge by the court.
4. Specifies that the defendant successfully fulfills the conditions of probation if the court determines the defendant has satisfied the conditions of probation.
5. Excludes defendants who owe victim restitution or who have willfully failed to pay a monetary obligation from a determination that the defendant has successfully fulfilled probation.
6. Contains an applicability clause.
7. Makes a conforming change.
8. Becomes effective July 1, 2022.
Amendments Adopted by Committee
1. Clarifies how an undesignated class 6 felony is still treated as a felony, and not a misdemeanor, for purposes of placing the defendant on probation or enhancing a subsequent offense.
2. Adds an applicability clause.
3. Delays the effective date until July 1, 2022.
House Action Senate Action
CJR 1/20/21 DPA 9-0-0-0 JUD 3/11/21 DPA 8-0-0
3rd Read 2/3/21 55-4-0-0-1
Prepared by Senate Research
March 9, 2021
JA/gs/kja