AZ SB1386

Changes the standard for imposing death sentences by replacing "shall" with "may" in section 13-751.E, making the death penalty discretionary rather than mandatory when aggravating circumstances are found.

Maintains that prosecutors must prove aggravating circumstances beyond a reasonable doubt during the aggravation phase of sentencing proceedings.

Requires defendants to prove mitigating circumstances by a preponderance of the evidence during the penalty phase, with jury members not needing to unanimously agree on mitigating factors.

Preserves existing lists of 10 aggravating circumstances (including prior violent convictions, heinous conduct, gang activity, and victim characteristics) and 5 specific mitigating circumstances (including impaired capacity, duress, minor participation, and age).

Applies to defendants convicted of first degree murder who were at least 18 years old or tried as adults, with different sentencing options for juveniles under 18.