Editor's Note: Due to the upcoming election and the interest in this article, we are republishing it.
Disclaimer: The author of this article was once a partner with David Stringer in the ownership of Prescott eNews. However, all the information provided below came from public documents and campaign materials.
Big Idea
- David Stringer served in the Legislature from 2017 to 2019. During that time, he was the prime sponsor for 16 bills, none of which passed.
- One of the bills would reduce time spent on the Sexual Registry for Sex Offenders, allowing them to petition for early termination after 5 or 10 years
- A couple of the bills would allow people to get a restricted license back sooner after a DUI or Reckless driving conviction
- One bill would allow prisoners to receive Earned Release Credits faster - one day of credit for every one-three days, effectively reducing sentences by 25-50%
- Another bill would raise the threshold of felony drug possession to dangerous, even deadly amounts
In a July 13 interview on KYCA Talks (1490 AM) David Stringer, a candidate for Yavapai County Attorney spoke of his focus on Criminal Justice Reform and his time serving in the Arizona State House of Representatives.
Stringer has long been an advocate for Criminal Justice Reform, firm in his belief that it is now a conservative issue. On his
campaign website he states, “Criminal Justice Reform is the civil rights issue of our time.”
He goes on to say, "Our purpose in dealing with first offenders and low level, non-violent offenders should be to correct their behavior and deter future misconduct. That can often be done without incarceration. Jail should be the last resort.”
However, Stringer, a former defense attorney in Baltimore, MD, has never defined the term, “low level offender”. During his campaign for County Attorney, he has never specified what jail terms he thought were reasonable, what probation and parole terms that he thinks should be in place.
What he did do, however, is present his ideas in various pieces of legislation that he proposed while serving in the Arizona House of Representatives.
“We wrote a number of bills, I am sorry to say, that didn’t pass,” David Stringer told Jason Zinzileta, the KYCA Talks host.
What Laws Did Stringer Sponsor?
Stringer was first elected to the Arizona House of Representatives for the 53rd Legislative Session in 2017. From that time, until the time that he resigned in 2019, he was the Prime sponsor of 16 bills. None of those passed or got signed into law by Governor Ducey. Most didn’t even get a hearing.
Below is a list summarizing some of the bills that he either introduced or supported. Follow the links provided to read the bills in their entirety. If you follow each link to read the actual bill on AZLeg.gov, you will see different colors of text. Here is what those colors indicate:
Black Text: The original language
Red Text: Original language that will be removed/changed if the bill passes
Blue Text: The new language proposed by the legislator writing the bill
This law has to do with reckless driving, a class 2 misdemeanor. If convicted, the license may be suspended for a period of time of not more than 90 days.
If the person has been convicted of this same violation previously within the last 24 months, it becomes a class 1 misdemeanor.
- They are not eligible for probation, suspension of sentence or release until they have served 20 days in jail. They may be released only to go to work or school, but must return to jail to serve their 20 days sentence.
- Their license may be revoked
Stringer’s proposal: After their sentence is served, plus a period of time equalling 90 or more days, they may apply for a restricted privilege to drive.
This law has to do with driving under the influence.
Section 1: The law has to do with possible limitations on a person’s privilege to drive after a conviction for a DUI. Several limitations are allowed for, including employment, education, health appointments, treatment facilities. These exceptions do not apply to a person with a commercial driver license.
Stringer’s proposal: To allow them to attend appointments and fulfill conditions and requirements required by the State. Also to allow them to drive to a place of worship.
Section 2: This law is regarding license suspension for DUI or for homicide or assault involving a motor vehicle, which is defined as a blood alcohol level of 0.08 or 0.04 if it is a commercial motor vehicle. Certain drugs are also included. In this situation, their license must be immediately surrendered for not less than 90 days.
Stringer’s proposal would change it from “Shall” suspend to “May” suspend. He also adds the provision that they can travel to a dependent’s school or employment or any appointment required by the State.
Stringer would remove stipulations that they have not been convicted of the same violations in the past 84 months (7 years).
Stringer would allow for hearings to be held in person, by telephone or videoconference.
Stringer would also allow for a hearing as to whether or not a license or permit suspension would cause the person undue financial hardship. Proof regarding this defense would not be a public record and may not be disclosed to the public.
This law has to do the requirements to register as a sex offender.
This law lists the types of offenses that require someone to register as a sex offender, including unlawful imprisonment, kidnapping, sexual abuse if the victim is under 18 years of age; sexual conduct with a minor; sexual assault of a spouse; molestation of a child; continual sexual abuse of a child and more.
Stringer would allow the person to petition the court to terminate their duty to register if they have been registered for at least 10 years for an offense committed as an adult. If they committed the offense when they were under 18, they could petition to terminate the duty to register if they have been registered for at least 5 years.
This law has to do with requesting a reduction in probation.
In this law, the court may, on it’s own initiative or on application of the probationer, terminate the period of probation and be discharged earlier, if in the court’s opinion the ends of justice will be served.
Stringer states that the court shall hold a hearing, before making a determination on the probationer’s application, allowing the attorneys for both sides and the victim to provide testimony, call witnesses and introduce any reliable and relevant evidence. Within 30 days, the ruling can be appealed to the AZ Court of Appeals pursuant to the rules of procedure for special actions. No fee may be charged for filing this special action.
This currently allows for prisoners to have an earned release credit of one day for every six days served, including time served in county jails. It also requires that prisoners achieve functional literacy at an eighth grade literacy level. It states that the person enrolled in a drug treatment or education program shall pay for the cost of participation in that program to the extent of the person’s financial ability.
Stringer would change that to one day for every three days served if the defendant is sentenced to a term of imprisonment for a dangerous offense or a dangerous crime against children.
Stringer would change that to one day for every day served for other crimes that are not dangerous or against children.
Stringer would remove eighth grade literacy requirements and requirements to pay for their drug treatment or education programs if they have financial ability. In other words, in Stringer's bill, they would receive free drug treatment and education programs.
HB 2362 - Introduced in the 1st Regular Session in 2019 by Representative Toma; Blackman, Bowers, Butler, Campbell, Engel, Epstein, Espinoza, Lieberman, Stringer (Co-Sponsors) Held in Committees (No Action)
This bill is all about the Expungement of the record of a person’t arrest, conviction and sentence.
This bill appears to be a completely new bill to which Stringer was a co-signer. It lays out the determinations and procedures to consider when expunging a conviction. It reads in part,
"THE COURT MAY EXPUNGE THE RECORD OF A PERSON'S ARREST, CONVICTION AND SENTENCE. A PERSON WHOSE RECORD IS EXPUNGED SHALL BE TREATED IN ALL RESPECTS AS IF THE PERSON WAS NEVER ARRESTED, CONVICTED OR SENTENCED… UNLESS THE PETITIONER REQUESTS A HEARING, THE COURT MAY GRANT OR DENY A PETITION FOR EXPUNGEMENT WITHOUT A HEARING.
This act, had it passed, would have applied to a person who was arrested, convicted or sentenced before, on or after the effective date of the act.
However, it was also during this session that the House Ethics Committee was in the process of examining Representative Stringer’s recent statements that some claimed were racist and his arrest back in the early 80’s when he was working in Baltimore. Stringer took a plea deal at the time of his arrest, and then later the judge in his case expunged the record.
Even Representative Toma acknowledged the conflict in message was evident.
HB 2303 - Introduced in the 2nd Regular Session of 2018 by Representative Stringer; Bolding, Bowers, Campbell, Clodfelter, Engel, Hernandez, Navarrete, Toma (Co-Sponsors) Held in Committees (No Action)
This act would have amended several sections of the Arizona Revised Statutes, and it is very long, 48 pages in all.
Stringer’s version had many provisions:
- Redefine the meaning of “dangerous drug”
- Prior felony convictions would not be counted if they were for drugs below the new threshold amount as defined by Stringer’s bill
- Removes the involvement or using of minors in drug offenses as an aggravating factor in all listed crimes in this bill
- Reduces the the “school safety zone” to only 300 feet of a school or its accompanying grounds a school bus or bus stop. (About the length of a football field.)
- Changed the threshold amount for most drugs to a dangerous level.
- Reduces charges to the lowest of felonies or misdemeanors. By changing charges from felonies to misdemeanors, the suspect can be cited, without being booked into jail.
- Allows judges to suspend fines
Many of the thresholds proposed in Stringer’s legislation are at deadly levels.
For instance, just 2-3 milligrams of Fentanyl (which Stringer added to the list) can kill someone.
Stringer's Record as a Legislator
You can see all of the legislation Representative Stringer either introduced or co-sponsored in the AZLeg.gov website. Representative Stringer resigned from the Legislature on 3/27/2019.
2019 Fifty-fourth Legislature, First Regular Session - assigned to no committees.
2018 - Fifty-third Legislature, Second Regular Session - assigned to Education; Federalism, Property Rights & Public Policy; Judiciary & Public Safety Committees as a member.
2017 - Fifty-third Legislature, First Regular Session - assigned to Education; Federalism, Property Rights & Public Policy; Judiciary & Public Safety Committees as a member.
