crimes; vulnerable or
incapacitated adults
DPA |
Committee on Judiciary |
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X |
Committee on Human Services |
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Caucus and COW |
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Third Read |
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As Passed the House |
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SB 1047 establishes a sentencing enhancement for persons that commit a dangerous crime against an incapacitated or vulnerable adult.
SB 1047 was amended in the Judiciary Committee to give the court discretion in whether to enhance the sentence of a person convicted of a crime against an incapacitated or vulnerable adult.
Currently, Arizona makes it a crime for a person to abuse a vulnerable adult. If done intentionally or knowingly, vulnerable adult abuse is a Class 2 felony (5 years jail/$150,000 fine). If done recklessly, it is a Class 3 felony (3.5 years jail/$150,000 fine). If done with criminal negligence, it is a Class 4 felony (2.5 years jail/$150,000 fine).
· Requires that the allegation that the dangerous crime was committed against an incapacitated or vulnerable adult be charged in the indictment or information and be admitted by the defendant or found by the court.
· Requires the court to allow the allegation that the dangerous crime was committed against an incapacitated or vulnerable adult to be made at any time before the case is tried unless:
Ø The allegation is filed fewer than 20 days before the case is tried.
Ø The court finds prejudice against the defendant resulted by the untimely filing of the allegation and states the reason for the finding.
· Provides that a person convicted of a dangerous crime against an incapacitated or vulnerable adult must serve the person’s sentence and is not eligible for any form of early release.
· Defines the term dangerous crime against an incapacitated or vulnerable adult as including any of the following crimes if committed against an incapacitated or vulnerable adult:
Ø Sexual assault.
Ø Kidnapping.
Ø Sexual abuse.
Ø Attempted first degree murder.
Ø Felony endangerment.
Ø Vulnerable adult abuse.
Ø Felony theft if the person knowingly takes control, title, use or management of an incapacitated or vulnerable adult’s assets or property through intimidation or deception while acting in a position of trust and confidence and with the intent to deprive the incapacitated or vulnerable adult of the asset or property.
· Defines the terms incapacitated and vulnerable adult.
· Makes a conforming change.
SB 1047 was amended in the Judiciary Committee as follows:
· Gives the court discretion in whether to enhance the sentence of a person convicted of a crime against an incapacitated or vulnerable adult.
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45th Legislature
Second Regular Session 2 April
4, 2002
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