The following year, the Arizona Legislature enacted A.R.S. § 13–454, setting forth a new procedure for
death penalty cases. The new statute provided for a separate sentencing hearing to be held before the
trial court, rather than a jury, and enumerated six aggravating circumstances that could be considered in
deciding whether to impose a death sentence: (1) prior conviction for which a sentence of life
imprisonment or death was imposable; (2) prior serious offense involving the use or threat of violence;
(3) grave risk of death to others; (4) procurement of murder by payment or promise of payment; (5)
commission of murder for pecuniary gain; and (6) murder committed in an especially heinous, cruel or
depraved manner. The Legislature subsequently added the following aggravating circumstances: (7)
murder committed while in custody (effective Oct. 1, 1978); (8) multiple homicides (effective Sept. 1,
1984); (9) murder of a victim under 15 years of age (effective May 16, 1985) or of a victim 70 years of
age or older (effective July 17, 1993); and (10) murder of a law enforcement officer (effective Sept. 30,
1988).
The State was then required to prove at least one of these aggravating circumstances beyond a
reasonable doubt before the court could consider imposing the death penalty.
Me too! 
