Index
B. Subject to the orders of the juvenile court, a juvenile hearing officer may hear and determine juvenile pretrial detention hearings and may process, adjudicate, and dispose of all cases that are not classified as felonies and in which a juvenile who is under eighteen years of age on the date of the alleged offense is charged with violating any law relating to the following:
4. Curfew
6. The damage or disfigurement of property by graffiti or the purchase or possession of materials with the intent to use the materials for graffiti.
A. A person commits drive by shooting by intentionally discharging a weapon from a motor vehicle at a person, another occupied motor vehicle or an occupied structure.
B. Notwithstanding title 28, chapter 4, the judge shall order the surrender to the judge of any driver’s license of the convicted person and, on surrender of the license, shall invalidate or destroy the license and forward the abstract of conviction to the department of transportation with an order of the court revoking the driving privilege of the person for a period of at least one year but not more than five years. On receipt of the abstract of conviction and order, the department of transportation shall revoke the driving privilege of the person for the period of time ordered by the judge.
C. Drive by shooting is a class 2 felony.
D. The court shall consider the following factors in determining whether the public safety and the juvenile's rehabilitation, if adjudicated delinquent, would be served by the transfer:
6. Whether the juvenile committed the alleged offense while participating in, assisting, promoting, or furthering the interests of a criminal street gang, a criminal syndicate, or a racketeering enterprise.
T. A person convicted of committing any felony offense with the intent to promote, further or assist any criminal conduct by a criminal street gang shall not be eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted. The presumptive, minimum and maximum sentence for the offense shall be increased by three years. The additional sentence imposed pursuant to this subsection is in addition to any enhanced sentence that may be applicable.
A. Except as otherwise prescribed in section 13-3411, a person who is convicted of a felony offense that is committed in a school safety zone is guilty of the same class of felony that the person would otherwise be guilty of if the violation had not occurred within a school safety zone, except that the court may impose a sentence that is one year longer than the minimum, maximum and presumptive sentence for that violation if the person is not a criminal street gang member or up to five years longer than the minimum, maximum and presumptive sentence for that violation if the person is a criminal street gang member. The additional sentence imposed under this subsection is in addition to any other enhanced punishment that may be applicable under section 13-703, section 13-704, section 13-706, section 13-708, subsection D or chapter 34 of this title.
B. In addition to any other penalty prescribed by this title, the court may order a person who is subject to subsection A of this section to pay a fine of not less than two thousand dollars and not more than the maximum authorized by chapter 8 of this title.
C. Each school district governing board or its designee, or chief administrative officer in the case of a nonpublic or charter school, may place and maintain permanently affixed signs that are located in a visible manner at the main entrance of each school and that identify the school and its accompanying grounds as a school safety zone. A school may include information regarding the school safety zone boundaries on a sign that identifies the area as a drug free zone and not post separate school safety zone signs.
D. For the purposes of this section:
1. "School" means any public or nonpublic kindergarten program, common school or high school.
2. "School safety zone" means any of the following:
(a) The area within three hundred feet of a school or its accompanying grounds.
(b) Any public property within one thousand feet of a school or its accompanying grounds.
(c) Any school bus.
(d) A bus contracted to transport pupils to any school during the time when the contracted vehicle is transporting pupils on behalf of the school.
(e) A school bus stop.
(f) Any bus stop where school children are awaiting, boarding or exiting a bus contracted to transport pupils to any school.
C. A person who is convicted of committing any felony offense with the intent to promote, further or assist any criminal conduct by a criminal street gang shall not be eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted. The presumptive, minimum and maximum sentence for the offense shall be increased by three years if the offense is a class 4, 5 or 6 felony or shall be increased by five years if the offense is a class 2 or 3 felony. The additional sentence imposed pursuant to this subsection is in addition to any enhanced sentence that may be applicable.
F. The trier of fact shall consider the following aggravating circumstances in determining whether to impose a sentence of death:
11. The defendant committed the offense with the intent to promote, further or assist the objectives of a criminal street gang or criminal syndicate or to join a criminal street gang or criminal syndicate.
H. Shoplifting property with a value of $2,000 or more, shoplifting property during any continuing criminal episode, or shoplifting property if done to promote, further, or assist any criminal street gang or criminal syndicate is a class 5 felony. Shoplifting property with a value of $1,000 or more but less than $2,000 is a class 6 felony. Shoplifting property valued at less than $1,000 is a class 1 misdemeanor, unless the property is a firearm in which case the shoplifting is a class 6 felony. For the purposes of this subsection, “continuing criminal episode” means theft of property with a value of $1,500 or more if committed during at least three separate incidences within a period of ninety consecutive days with the intent to resell the merchandise.
A person who knowingly attempts by means of bribery, misrepresentation, intimidation, or force or threats of force to obstruct, delay, or prevent the communication of information or testimony relating to a violation of any criminal statute to a peace officer, magistrate, prosecutor, or grand jury or who knowingly injures another in his person or property on account of the giving by the latter or by any other person of any such information or testimony to a peace officer, magistrate, prosecutor, or grand jury is guilty of a class 5 felony, except that it is a class 3 felony if the person commits the offense with the intent to promote, further, or assist a criminal street gang.
B. Hindering prosecution in the first degree is a class 5 felony, except that it is a class 3 felony if either:
1. The person knows or has reason to know that the offense involves terrorism or murder.
2. The person commits the offense with the intent to promote, further, or assist a criminal street gang.
A. The department of public safety may enter into a contract with a qualified vendor to provide a data monitoring and alert system for persons who are found to be either criminal street gang members pursuant to section 13-105 or persons who are required to register pursuant to section 13-3821.
B. The vendor shall monitor the movement and any change of residence or address of a criminal street gang member or registered sex offender through public records or other record information systems.
C. The vendor shall notify the department of public safety or a local law enforcement agency if a criminal street gang member or registered sex offender does any of the following:
1. Moves from another state to a residence or address in this state.
2. Moves from a residence or address in this state to a residence or address in another state.
3. Moves from a residence or address in this state to another residence or address in this state.
D. For the purposes of this section, "qualified vendor" means a vendor that is experienced in and capable of fulfilling the requirements of this section on a daily basis.
F. Assisting a criminal syndicate is a class 4 felony. If committed for the benefit of, at the direction of, or in association with any criminal street gang with the intent to promote, further or assist any criminal conduct by the gang, assisting a criminal syndicate is a class 3 felony.
G. A person who violates subsection A, paragraph 1, 2, 3 or 4 of this section for the benefit of, at the direction of or in association with any criminal street gang, with the intent to promote, further or assist any criminal conduct by the gang, is guilty of a class 2 felony.
H. Use of a common name or common identifying sign or symbol shall be admissible and may be considered in proving the combination of persons or enterprises required by this section.
A. A person commits participating in a criminal street gang by any of the following:
1. Intentionally organizing, managing, directing, supervising, or financing a criminal street gang with the intent to promote or further the criminal objectives of the criminal street gang.
2. Knowingly inciting or inducing others to engage in violence or intimidation to promote or further the criminal objectives of a criminal street gang.
3. Furnishing advice or direction in the conduct, financing, or management of a criminal street gang's affairs with the intent to promote or further the criminal objectives of a criminal street gang.
4. Intentionally promoting or furthering the criminal objectives of a criminal street gang by inducing or committing any act or omission by a public servant in violation of the public servant's official duty.
B. A person commits assisting a criminal street gang by committing any felony offense, whether completed or preparatory for the benefit of, at the direction of, or in association with any criminal street gang.
C. Participating in a criminal street gang is a class 2 felony.
D. Assisting a criminal street gang is a class 3 felony.
E. Use of a common name or common identifying sign or symbol shall be admissible and may be considered in proving the existence of a criminal street gang or membership in a criminal street gang.
A. A street gang enforcement revolving fund is established consisting of monies appropriated to the fund for the purpose of funding gang prevention programs or for training prosecutors and law enforcement personnel in the area of street gang prosecution and enforcement and investigating and prosecuting any offense that is concurrently charged or investigated with any offense relating to criminal street gangs. The Arizona criminal justice commission shall administer the fund under the conditions and for the purposes provided in this section. Monies in the fund are subject to legislative appropriation.
B. Monies in the fund are exempt from lapsing pursuant to section 35-190.
C. Twenty-five percent of the fund monies shall be distributed to the attorney general and seventy-five percent of the fund monies shall be distributed to the county attorneys.
D. Fund monies shall be used either to provide personnel or for the training of prosecutors and law enforcement personnel in the area of street gang enforcement and prosecution or for the investigation and prosecution of any offense described in this section.
A. The state may request an order of the juvenile court transferring jurisdiction of the criminal prosecution of any felony filed in the juvenile court to the criminal division of the Superior Court.
B. On request of the state that a juvenile be transferred, the court shall hold a transfer hearing before the adjudication hearing.
C. If the judge finds by a preponderance of the evidence that probable cause exists to believe that the offense was committed, that the juvenile committed the offense, and that the public safety would best be served by the transfer of the juvenile for criminal prosecution, the judge shall order that the juvenile be transferred for criminal prosecution to the appropriate court having jurisdiction of the offense. The judge shall state on the record the reasons for transferring or not transferring the juvenile for criminal prosecution.
D. The court shall consider the following factors in determining if the public safety would be served by the transfer of a juvenile for criminal prosecution:
6. If the juvenile committed the alleged offense while participating in, assisting, promoting, or furthering the interests of a criminal street gang, a criminal syndicate, or a racketeering enterprise.
A. A person commits threatening or intimidating if such person threatens or intimidates by word or conduct:
3. To cause physical injury to another person or damage to the property of another in order to promote, further or assist in the interests of or to cause, induce or solicit another person to participate in a criminal street gang, a criminal syndicate or a racketeering enterprise.
B. Threatening or intimidating pursuant to subsection A, paragraph 3 is a class 4 felony.
In this title, unless the context otherwise requires:
8. "Criminal street gang" means an ongoing formal or informal association of persons in which members or associates individually or collectively engage in the commission, attempted commission, facilitation or solicitation of any felony act and that has at least one individual who is a criminal street gang member.
9. "Criminal street gang member" means an individual to whom at least two of the following seven criteria that indicate criminal street gang membership apply:
(a) Self-proclamation.
(b) Witness testimony or official statement.
(c) Written or electronic correspondence.
(d) Paraphernalia or photographs.
(e) Tattoos.
(f) Clothing or colors.
(g) Any other indicia of street gang membership.
A. A street gang enforcement revolving fund is established consisting of monies appropriated to the fund for the purpose of funding gang prevention programs or for training prosecutors and law enforcement personnel in the area of street gang prosecution and enforcement and investigating and prosecuting any offense that is concurrently charged or investigated with any offense relating to criminal street gangs. The Arizona criminal justice commission shall administer the fund under the conditions and for the purposes provided in this section. Monies in the fund are subject to legislative appropriation.
B. Monies in the fund are exempt from lapsing pursuant to section 35-190.
C. Twenty-five percent of the fund monies shall be distributed to the attorney general and seventy-five percent of the fund monies shall be distributed to the county attorneys.
D. Fund monies shall be used either to provide personnel or for the training of prosecutors and law enforcement personnel in the area of street gang enforcement and prosecution or for the investigation and prosecution of any offense described in this section.
The gang and immigration intelligence team enforcement mission fund is established consisting of monies deposited pursuant to section 11-1051 and monies appropriated by the legislature. The department shall administer the fund. Monies in the fund are subject to legislative appropriation and shall be used for gang and immigration enforcement and for county jail reimbursement costs relating to illegal immigration.
A. A drug and gang enforcement account is established within the criminal justice enhancement fund consisting of monies appropriated to the account by the legislature and any other monies available from other sources, public or private, to be used for the purpose of enhancing efforts to deter, investigate, prosecute, adjudicate and punish drug offenders and members of criminal street gangs as defined in section 13-105.
B. The Arizona criminal justice commission shall distribute monies from the drug and gang enforcement account in the following manner:
1. Up to fifty per cent to fund law enforcement agencies approved by the commission to enhance both:
(a) The investigation of drug and gang offenses and related criminal activity.
(b) Drug and gang education and prevention programs.
2. Up to fifty per cent to fund programs and agencies approved by the commission to enhance the state, county, city or town prosecution of drug and gang offenses and related criminal activity.
3. Up to thirty per cent to fund programs and agencies approved by the commission for the purpose of enhancing the ability of the courts to process drug and gang offenses and related criminal cases, either through the appointment of judges pro tempore or the establishment of additional divisions of the courts only for the purposes of this section, enhancing defense and probation services, including treatment, and funding the drug testing program.
4. Up to thirty per cent to fund programs by county sheriffs and the state department of corrections, as approved by the commission, to enhance drug offender treatment programs and the jail operations and facilities available to detain and incarcerate drug offenders and members of criminal street gangs as defined in section 13-105.
5. Up to thirty per cent to fund programs and agencies, as approved by the commission, to enhance the integration of criminal justice records relating to drug and gang offenders and their related criminal activity.
C. Before any monies are expended from the account, the criminal justice commission shall submit to the joint legislative budget committee a plan of proposed expenditures from the account and the anticipated fiscal and operational impact of those expenditures on all state and local agencies.
D. Any state agency that receives monies allocated from this account shall not include such monies as part of its continuation budget base for the purpose of requesting appropriations for the following fiscal year.
E. All the monies allocated from this account shall be dedicated solely to the purpose of enhancing efforts to deter, investigate, prosecute, adjudicate and punish drug and gang and related criminal offenders, except those monies allocated pursuant to subsection H of this section.
F. Notwithstanding the limitations prescribed in subsection B of this section, any federal monies or matching state monies in the drug and gang enforcement account may only be allocated by the commission pursuant to a plan approved by the federal government.
G. The auditor general shall annually perform a full and complete audit of the fund or the commission shall annually contract with an accounting firm to perform the audit and deliver a report to the governor and the legislature. The audit shall be charged to the drug and gang enforcement account.
H. A resource center fund is established consisting of monies received pursuant to section 12-284.03, subsection A, paragraph 1 and section 41-178 and all monies received from public or private gifts, grants or other sources, excluding federal monies and monies to be passed through to other entities, to be used solely for the purpose of funding the Arizona youth survey. Monies in the fund are subject to legislative appropriation. Any monies unexpended or unencumbered on June 30 of each year shall not be subsequently expended or encumbered unless reappropriated. No monies in the drug and gang enforcement account except those received pursuant to this subsection shall be used to fund the Arizona youth survey. Monies that are expended pursuant to this subsection are subject to the reporting requirements prescribed in section 41-617.01.
A. Except as otherwise prescribed in section 13-3411, a person who is convicted of a felony offense that is committed in a school safety zone is guilty of the same class of felony that the person would otherwise be guilty of if the violation had not occurred within a school safety zone, except that the court may impose a sentence that is one year longer than the minimum, maximum and presumptive sentence for that violation if the person is not a criminal street gang member or up to five years longer than the minimum, maximum and presumptive sentence for that violation if the person is a criminal street gang member. The additional sentence imposed under this subsection is in addition to any other enhanced punishment that may be applicable under section 13-703, section 13-704, section 13-706, section 13-708, subsection D or chapter 34 of this title.
B. In addition to any other penalty prescribed by this title, the court may order a person who is subject to subsection A of this section to pay a fine of not less than two thousand dollars and not more than the maximum authorized by chapter 8 of this title.
C. Each school district governing board or its designee, or chief administrative officer in the case of a nonpublic or charter school, may place and maintain permanently affixed signs that are located in a visible manner at the main entrance of each school and that identify the school and its accompanying grounds as a school safety zone. A school may include information regarding the school safety zone boundaries on a sign that identifies the area as a drug free zone and not post separate school safety zone signs.
D. For the purposes of this section:
1. "School" means any public or nonpublic kindergarten program, common school or high school.
2. "School safety zone" means any of the following:
(a) The area within three hundred feet of a school or its accompanying grounds.
(b) Any public property within one thousand feet of a school or its accompanying grounds.
(c) Any school bus.
(d) A bus contracted to transport pupils to any school during the time when the contracted vehicle is transporting pupils on behalf of the school.
(e) A school bus stop.
(f) Any bus stop where school children are awaiting, boarding or exiting a bus contracted to transport pupils to any school.
A. A person commits misconduct involving weapons by knowingly:
9. Discharging a firearm at an occupied structure in order to assist, promote or further the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise.
The department of public safety is authorized to establish and maintain a forensics firearms identification system designed to provide investigative information on criminal street gangs and the unlawful use of firearms.
B. Subject to the orders of the juvenile court, a juvenile hearing officer may hear and determine juvenile pretrial detention hearings and may process, adjudicate, and dispose of all cases that are not classified as felonies and in which a juvenile who is under eighteen years of age on the date of the alleged offense is charged with violating any law relating to the following:
4. Curfew
6. The damage or disfigurement of property by graffiti or the purchase or possession of materials with the intent to use the materials for graffiti.
A. In addition to the grounds for mandatory suspension or revocation provided for in chapters 3, 4 and 5 of this title, the department shall immediately suspend the driver license or privilege to drive or refuse to issue a driver license or privilege to drive of a person who commits an offense while under eighteen years of age as follows:
3. Until the person's eighteenth birthday on receiving the record of the person's conviction for a violation of section 13-1602, subsection A, paragraph 1 or section 13-1604, subsection A involving the damage or disfigurement of property by graffiti.
5. Until the person's eighteenth birthday on receiving the record of the person's conviction for a violation of any statute or ordinance involving the purchase or possession of materials used for graffiti.
D. The court shall consider the following factors in determining whether the public safety and the juvenile's rehabilitation, if adjudicated delinquent, would be served by the transfer:
6. Whether the juvenile committed the alleged offense while participating in, assisting, promoting, or furthering the interests of a criminal street gang, a criminal syndicate, or a racketeering enterprise.
G. In a hearing pursuant to subsection C of this section, proof that the person is a criminal street gang member may give rise to the inference that the person poses a substantial danger to another person or the community and that no condition or combination of conditions of release may be imposed that will reasonably assure the safety of the other person or the community.