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AZ SB1510
Bill
Status
2/1/2011
Primary Sponsor
Adam Driggs
Click for details
AI Summary
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Amends Arizona Revised Statutes Section 13-751 regarding sentencing in first-degree murder cases where the state seeks the death penalty.
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Adds a new aggravating circumstance (paragraph 15) allowing consideration of whether the defendant committed the offense in connection with a gang initiation killing.
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Maintains existing requirements that prosecution must prove aggravating circumstances beyond a reasonable doubt at the aggravation phase of sentencing.
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Clarifies that mitigating circumstances must be proven by the defendant by a preponderance of the evidence, and jury members need not unanimously agree on mitigating factors.
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Requires a sentence of death if the trier of fact finds one or more aggravating circumstances and determines no mitigating circumstances are sufficiently substantial to call for leniency.
Legislative Description
Capital cases; aggravating factors
Last Action
Referred to Senate JUD Committee
2/2/2011