REFERENCE TITLE: sentencing; injured military offenders

State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010

HB 2330

Introduced by Representatives Ash, Gowan: Antenori, Lesko, Montenegro, Stevens, Weiers JP

 

AN ACT

 

amending title 13, chapter 6, Arizona Revised Statutes, by adding section 13‑609; relating to the authorized disposition of offenders.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 13, chapter 6, Arizona Revised Statutes, is amended by adding section 13-609, to read:

START_STATUTE13-609.  Identification of injured military offenders; medical evaluation; report; privileged statements; disposition; treatment

A.  In any criminal prosecution the court shall require that a defendant who is a member of the military or who is a military veteran be screened for post-traumatic stress disorder or traumatic brain injury.

B.  The court, defense attorney, prosecutor or other employee of the court shall complete the screening immediately after the prosecution is commenced and shall determine:

1.  Whether the defendant has served in a stressful military assignment.

2.  Whether the defendant has ever suffered from any symptoms associated with post-traumatic stress disorder or received any traumatic brain injuries while in the military.

C.  If after screening it is determined that the defendant may suffer from post-traumatic stress disorder or traumatic brain injury, the court, with the defendant's consent, shall refer the defendant to the veterans administration, the United States department of veterans affairs or another entity that is qualified to assess the defendant for  post-traumatic stress disorder or traumatic brain injury.  The entity that assesses the defendant shall examine the defendant and prepare a report that:

1.  Confirms whether the defendant is a member of the military or a military veteran.

2.  Reviews the defendant's military record to determine the types of assignments in which the defendant served.

3.  Determines whether the defendant suffers from post-traumatic stress disorder that is related to the defendant's military service or has ever received a traumatic brain injury while in the military.

4.  Recommends treatment options that address the defendant's post‑traumatic stress disorder or traumatic brain injury.

D.  The entity shall submit the initial report to the court within ten days after the examination is completed.  Before the report is made available to the state, the defendant may redact any statements in the report that the defendant made regarding the alleged offense that are included in the report.

E.  The defendant or the state may contest the findings of the initial examination and report and either party has a right to a second independent examination and report on the defendant.

F.  Any statements that are made by a defendant during the initial screening or an examination conducted pursuant to this section are privileged.  Any statements or any evidence gained as a result of a statement that relates to the events that gave rise to the prosecution shall not be admissible at the trial of guilt or innocence or at any subsequent proceeding to determine guilt or innocence without the defendant's consent.

G.  Notwithstanding any other law, following a finding of guilt on any charge, the court may sentence the defendant pursuant to this section if the defendant has been diagnosed pursuant to this section as suffering from post‑traumatic stress disorder that is related to the defendant's military service or traumatic brain injury that occurred while the defendant was in the military.

H.  If the court determines that it is appropriate based on the report submitted pursuant to subsections C and D or any other independent report that is requested, the circumstances and severity of the offense and public safety, the court may do either of the following:

1.  With the consent of the state, stay the adjudication of guilt.

2.  Suspend the imposition or execution of sentence and place the defendant on probation pursuant to chapter 9 of this title.

I.  The court shall order a defendant whose adjudication is stayed or who is placed on probation to successfully complete the treatment that is recommended in the report prepared pursuant to subsection C. END_STATUTE