A. The county attorney shall bring a criminal prosecution against a juvenile in the same manner as an adult if the juvenile is fifteen, sixteen, or seventeen years of age and is accused of any of the following offenses:
1. First degree murder in violation of Section 13-1105.
2. Second degree murder in violation of Section 13-1104.
3. Forcible sexual assault in violation of Section 13-1406.
4. Armed robbery in violation of Section 13-1904.
5. Any other violent felony offense.
6. Any felony offense committed by a chronic felony offender.
7. Any offense that is properly joined to an offense listed in this subsection.
G. For the purposes of this section:
5. "Other violent felony offense" means:
(a) Aggravated assault pursuant to Section 13-1204, Subsection A, Paragraph 1.
(b) Aggravated assault pursuant to Section 13-1204, Subsection A, Paragraph 2, involving the use of a deadly weapon.
(c) Drive-by shooting pursuant to Section 13-1209.
(d) Discharging a firearm at a structure pursuant to Section 13-1211.
A. A person commits drive by shooting by intentionally discharging a weapon from a motor vehicle at a person, another occupied motor vehicle or an occupied structure.
B. Notwithstanding title 28, chapter 4, the judge shall order the surrender to the judge of any driver’s license of the convicted person and, on surrender of the license, shall invalidate or destroy the license and forward the abstract of conviction to the department of transportation with an order of the court revoking the driving privilege of the person for a period of at least one year but not more than five years. On receipt of the abstract of conviction and order, the department of transportation shall revoke the driving privilege of the person for the period of time ordered by the judge.
C. Drive by shooting is a class 2 felony.
(Top)T. A person convicted of committing any felony offense with the intent to promote, further or assist any criminal conduct by a criminal street gang shall not be eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted. 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.
F. The trier of fact shall consider the following aggravating circumstances in determining whether to impose a sentence of death:
11. The defendant committed the offense with the intent to promote, further, or assist the objectives of a criminal street gang or criminal syndicate or to join a criminal street gang or criminal syndicate.
A. Unless a longer term of imprisonment or death is the prescribed penalty and notwithstanding any provision that establishes a shorter term of imprisonment, a person who has been convicted of committing or attempting or conspiring to commit any violent or aggravated felony and who has previously been convicted on separate occasions of two or more violent or aggravated felonies not committed on the same occasion shall be sentenced to imprisonment for life and is not eligible for suspension of sentence, probation, pardon, or release on any basis except that the person may be eligible for commutation after the person has served at least thirty-five years.
B. In order for the penalty under subsection A of this section to apply, both of the following must occur:
1. The aggravated or violent felonies that comprise the prior convictions shall have been entered within fifteen years of the conviction for the third offense, not including time spent in custody or on probation for an offense or while the person is an absconder.
2. The sentence for the first aggravated or violent felony conviction shall have been imposed before the conduct occurred that gave rise to the second conviction, and the sentence for the second aggravated or violent felony conviction shall have been imposed before the conduct occurred that gave rise to the third conviction.
E. For the purposes of this section, "violent or aggravated felony" means any of the following offenses:
6. Drive-by shooting.
18. Participating in or assisting a criminal syndicate or leading or participating in a criminal street gang.
(Top)F. Assisting a criminal syndicate is a class 4 felony. If committed for the benefit of, at the direction of, or in association with any criminal street gang with the intent to promote, further or assist any criminal conduct by the gang, assisting a criminal syndicate is a class 3 felony.
G. A person who violates subsection A, paragraph 1, 2, 3 or 4 of this section for the benefit of, at the direction of or in association with any criminal street gang, with the intent to promote, further or assist any criminal conduct by the gang, is guilty of a class 2 felony.
H. Use of a common name or common identifying sign or symbol shall be admissible and may be considered in proving the combination of persons or enterprises required by this section.
(Top)A. The state may request an order of the juvenile court transferring jurisdiction of the criminal prosecution of any felony filed in the juvenile court to the criminal division of the Superior Court.
B. On request of the state that a juvenile be transferred, the court shall hold a transfer hearing before the adjudication hearing.
C. If the judge finds by a preponderance of the evidence that probable cause exists to believe that the offense was committed, that the juvenile committed the offense, and that the public safety would best be served by the transfer of the juvenile for criminal prosecution, the judge shall order that the juvenile be transferred for criminal prosecution to the appropriate court having jurisdiction of the offense. The judge shall state on the record the reasons for transferring or not transferring the juvenile for criminal prosecution.
D. The court shall consider the following factors in determining if the public safety would be served by the transfer of a juvenile for criminal prosecution:
6. If the juvenile committed the alleged offense while participating in, assisting, promoting, or furthering the interests of a criminal street gang, a criminal syndicate, or a racketeering enterprise.
(Top)A. A person commits threatening or intimidating if such person threatens or intimidates by word or conduct:
3. To cause physical injury to another person or damage to the property of another in order to promote, further or assist in the interests of or to cause, induce or solicit another person to participate in a criminal street gang, a criminal syndicate or a racketeering enterprise.
B. Threatening or intimidating pursuant to subsection A, paragraph 3 is a class 4 felony.
(Top)7. "Criminal street gang" means an ongoing formal or informal association of persons whose members or associates individually or collectively engage in the commission, attempted commission, facilitation or solicitation of any felony act and who has at least one individual who is a criminal street gang member.
8. "Criminal street gang member" means an individual to whom two of the following seven criteria that indicate criminal street gang membership apply:
(a) Self-proclamation.
(b) Witness testimony or official statement.
(c) Written or electronic correspondence.
(d) Paraphernalia or photographs.
(e) Tattoos.
(f) Clothing or colors.
(g) Any other indicia of street gang membership.
(Top)A. A person commits misconduct involving weapons by knowingly:
9. Discharging a firearm at an occupied structure in order to assist, promote or further the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise.
(Top)B. Subject to the orders of the juvenile court, a juvenile hearing officer may hear and determine juvenile pretrial detention hearings and may process, adjudicate, and dispose of all cases that are not classified as felonies and in which a juvenile who is under eighteen years of age on the date of the alleged offense is charged with violating any law relating to the following: 6. The damage or disfigurement of property by graffiti or the purchase or possession of materials with the intent to use the materials for graffiti.
A. In addition to the grounds for mandatory suspension or revocation provided for in chapters 3, 4 and 5 of this title, the department shall immediately suspend the driver license or privilege to drive or refuse to issue a driver license or privilege to drive of a person who commits an offense while under eighteen years of age as follows:
3. Until the person's eighteenth birthday on receiving the record of the person's conviction for a violation of section 13-1602, subsection A, paragraph 1 or section 13-1604, subsection A involving the damage or disfigurement of property by graffiti.
5. Until the person's eighteenth birthday on receiving the record of the person's conviction for a violation of any statute or ordinance involving the purchase or possession of materials used for graffiti.
(Top)A. A street gang enforcement revolving fund is established consisting of monies appropriated to the fund for the purpose of funding gang prevention programs or for training prosecutors and law enforcement personnel in the area of street gang prosecution and enforcement and investigating and prosecuting any offense that is concurrently charged or investigated with any offense relating to criminal street gangs. The Arizona criminal justice commission shall administer the fund under the conditions and for the purposes provided in this section. Monies in the fund are subject to legislative appropriation.
B. Monies in the fund are exempt from lapsing pursuant to section 35-190.
C. Twenty-five percent of the fund monies shall be distributed to the attorney general and seventy-five percent of the fund monies shall be distributed to the county attorneys.
D. Fund monies shall be used either to provide personnel or for the training of prosecutors and law enforcement personnel in the area of street gang enforcement and prosecution or for the investigation and prosecution of any offense described in this section.