13-709. Offenses committed in school safety zone; sentences; definitions

427 words·~2 min read·/az/title-13/13-709

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. Except as otherwise prescribed in section 13-3411, a person who is convicted of a felony offense that is committed in a school safety zone is guilty of the same class of felony that the person would otherwise be guilty of if the violation had not occurred within a school safety zone, except that the court may impose a sentence that is one year longer than the minimum, maximum and presumptive sentence for that violation if the person is not a criminal street gang member or up to five years longer than the minimum, maximum and presumptive sentence for that violation if the person is in a position of trust as defined in section 13-1401 and is convicted of an offense listed in section 13-3212 or chapter 14 or 35.1 of this title or the person is a criminal street gang member.

The additional sentence imposed under this subsection is in addition to any other enhanced punishment that may be applicable under section 13-703, section 13-704, section 13-706, section 13-708, subsection D or chapter 34 of this title.

B. In addition to any other penalty prescribed by this title, the court may order a person who is subject to subsection A of this section to pay a fine of at least $2,000 and not more than the maximum authorized by chapter 8 of this title.

C. Each school district governing board or its designee, or chief administrative officer in the case of a nonpublic or charter school, may place and maintain permanently affixed signs that are located in a visible manner at the main entrance of each school and that identify the school and its accompanying grounds as a school safety zone. A school may include information regarding the school safety zone boundaries on a sign that identifies the area as a drug free zone and not post separate school safety zone signs.

D. For the purposes of this section:

1. "School" means any public or nonpublic kindergarten program, common school or high school.

2. "School safety zone" means any of the following:

(a)The area within three hundred feet of a school or its accompanying grounds.

(b)Any public property within one thousand feet of a school or its accompanying grounds.

(c)Any school bus.

(d)A bus contracted to transport pupils to any school during the time when the contracted vehicle is transporting pupils on behalf of the school.

(e)A school bus stop.

(f)Any bus stop where school children are awaiting, boarding or exiting a bus contracted to transport pupils to any school.