HB2820 introduces the offense of "drug trafficking homicide" as a class 1 felony in Arizona, with specific sentencing guidelines. A person commits this offense if they sell a dangerous or narcotic drug, the ingestion of which causes the death of the buyer, and the seller is aware or criminally negligent regarding the identity of the drug. The bill sets a prison sentence of 10-25 years (16 years presumptive) for drug trafficking homicide, which increases to 15-29 years (20 years presumptive) if the offender has a prior conviction for drug trafficking homicide or a class 2 or 3 felony involving a dangerous offense. The presumptive terms can be aggravated or mitigated under existing law, and if the victim is under 15 years old, the offense is punishable as a dangerous crime against children (DCAC).

The bill also amends sections 13-705 and 13-706 of the Arizona Revised Statutes, adding drug trafficking homicide to the list of serious offenses and violent or aggravated felonies. It includes legislative findings that emphasize the intent to hold fentanyl dealers accountable for overdose deaths, clarifying that the bill targets traffickers, not individuals possessing fentanyl without intent to sell. The bill requires causation to be proven beyond a reasonable doubt in prosecutions for this offense.

Statutes affected:
Introduced Version: 13-705, 13-706, 13-1106, 31-233, 41-1604.07, 13-1411, 13-701, 13-704, 13-707, 13-3623, 13-3206, 13-3212, 13-1428, 13-2912
House Engrossed Version: 13-705, 13-706, 13-1106, 31-233, 41-1604.07, 13-1411, 13-701, 13-704, 13-707, 13-3623, 13-3206, 13-3212, 13-1428, 13-2912