REFERENCE TITLE: drug possession; medical assistance; probation. |
State of Arizona Senate Fifty-first Legislature First Regular Session 2013
|
SB 1181 |
|
Introduced by Senator Ableser
|
AN ACT
amending title 13, chapter 9, Arizona Revised Statutes, by adding section 13‑915; relating to probation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 9, Arizona Revised Statutes, is amended by adding section 13-915, to read:
13-915. Probation for possession of controlled substance; medical assistance; setting aside conviction
A. Notwithstanding any other law, the court shall place a person who is convicted of the personal possession or use of a controlled substance or drug paraphernalia on probation pursuant to section 13-901.01 if the court finds that the evidence for the possession charge was gained as a result of either of the following:
1. The person was experiencing a drug related overdose and was in need of medical assistance.
2. The person was in good faith seeking medical assistance for another person who was experiencing a drug related overdose and that person was in need of medical assistance.
B. Section 13-901.01, subsection H, paragraph 4 does not apply to a person who is otherwise eligible for probation pursuant to this section.
C. If a person who is placed on probation pursuant to this section successfully completes probation, the court shall automatically set aside the judgment of guilt pursuant to section 13-907.