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REFERENCE TITLE: deferred prosecution; justice court approval. |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SB 1411 |
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Introduced by Senator Gould
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AN ACT
amending section 11-365, Arizona Revised Statutes; relating to deferred prosecution programs.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 11-365, Arizona Revised Statutes, is amended to read:
11-365. Diversion and deferred prosecution of offenders
A. Except as provided in subsection B, the county attorney has sole discretion to decide whether to divert or defer prosecution of an offender.
B. After a complaint is filed in a justice of the peace court, the county attorney has discretion to decide, with the approval of the justice court, whether to divert or defer prosecution of an offender.
C. This section does not preclude the ability of another prosecuting agency to divert or defer the prosecution of an offender as otherwise provided by law.