Arizona Revised Statutes § 13-701 Enhanced Sentencing for Bias-Motivated Crime

Arizona Revised Statutes § 13-701 establishes the general rules governing felony sentencing in Arizona, including the requirement that felony sentences be imposed for definite terms of imprisonment and served in the custody of the state department of corrections. The statute outlines the procedures for presentence investigation reports and specifies how courts may impose a minimum, presumptive, or aggravated sentences based on aggravating and mitigating circumstances. Among the enumerated aggravating factors, subsection D, paragraph 15 authorizes enhanced sentencing when the defendant committed the offense out of malice toward the victim because of the victim’s actual or perceived membership in a statutorily protected group, recognizing bias-motivated conduct as a basis for increased punishment. The statute further directs courts to weigh aggravating and mitigating factors on the record, consider victim input during sentencing, and impose aggravated sentences when aggravating circumstances are found without sufficient mitigation. It also clarifies that the statute does not alter sentencing schemes involving life imprisonment, the death penalty, or probation, and defines the “trier of fact” for sentencing purposes.