Reference Title: violent sexual assault

AN ACT
AMENDING SECTION 13-1406, ARIZONA REVISED STATUTES; AMENDING TITLE 13, CHAPTER 14, ARIZONA REVISED STATUTES, BY ADDING SECTION 13-1423; RELATING TO SEXUAL OFFENSES.

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

Section 1. Section 13-1406, Arizona Revised Statutes, is amended to read:

13-1406 . Sexual assault; classification; increased punishment

A. A person commits sexual assault by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person.

B. Sexual assault is a class 2 felony, and the person convicted shall be sentenced pursuant to this section and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted. If the victim is under fifteen years of age, sexual assault is punishable pursuant to section 13-604.01. The presumptive term may be aggravated or mitigated within the range under this section pursuant to section 13-702, subsections B, C and D. If the sexual assault involved the intentional or knowing administration of flunitrazepam, gamma hydroxy butyrate or ketamine hydrochloride without the victim's knowledge, 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. The term for a first offense is as follows:

Minimum	Presumptive	Maximum
5.25 years	7 years	14 years

The term for a defendant who has one historical prior felony conviction is as follows:

Minimum	Presumptive	Maximum
7 years	10.5 years	21 years

The term for a defendant who has two or more historical prior felony convictions is as follows:

Minimum	Presumptive	Maximum
14 years	15.75 years	28 years

C. The sentence imposed on a person for a sexual assault shall be consecutive to any other sexual assault sentence imposed on the person at any time.

D. Notwithstanding the provisions of sections 13-604 and 13-604.01, if the sexual assault involved the intentional or knowing infliction of serious physical injury, the person may be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until at least twenty-five years have been served or the sentence is commuted. If the person was at least eighteen years of age and the victim was twelve years of age or younger, the person shall be sentenced pursuant to section 13-604.01, subsection A.

E. Notwithstanding the provisions of sections 13-604 and 13-604.01, if the sexual assault involved the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or involved the intentional or knowing infliction of serious physical injury and the person has previously been convicted of sexual assault, or any offense committed outside this state which if committed in this state would constitute sexual assault, the person shall be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until at least twenty-five years have been served or the sentence is commuted.

Sec. 2. Title 13, chapter 14, Arizona Revised Statutes, is amended by adding section 13-1423, to read:

13-1423 . Violent sexual assault; natural life sentence

A. A PERSON IS GUILTY OF VIOLENT SEXUAL ASSAULT IF IN THE COURSE OF COMMITTING AN OFFENSE UNDER SECTION 13-1404, 13-1405, 13-1406, 13-1406.01 OR 13-1410 THE OFFENSE INVOLVED THE DISCHARGE, USE OR THREATENING EXHIBITION OF A DEADLY WEAPON OR DANGEROUS INSTRUMENT OR INVOLVED THE INTENTIONAL OR KNOWING INFLICTION OF SERIOUS PHYSICAL INJURY AND THE PERSON HAS A HISTORICAL PRIOR FELONY CONVICTION FOR A SEXUAL OFFENSE UNDER THIS CHAPTER OR ANY OFFENSE COMMITTED OUTSIDE THIS STATE THAT IF COMMITTED IN THIS STATE WOULD CONSTITUTE A SEXUAL OFFENSE UNDER THIS CHAPTER.

B. NOTWITHSTANDING SECTIONS 13-604 AND 13-604.01, A PERSON WHO IS GUILTY OF A VIOLENT SEXUAL ASSAULT SHALL BE SENTENCED TO LIFE IMPRISONMENT AND THE COURT SHALL ORDER THAT THE PERSON NOT BE RELEASED ON ANY BASIS FOR THE REMAINDER OF THE PERSON'S NATURAL LIFE.

APPROVED BY THE GOVERNOR APRIL 27, 1999.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 27, 1999.