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REFERENCE TITLE: veterans court; establishment; requirements |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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HB 2643 |
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Introduced by Representatives Martinez: Espinoza, Salman
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AN ACT
amending title 12, chapter 1, article 2, Arizona Revised Statutes, by adding section 12‑137; amending section 22‑601, Arizona Revised Statutes; relating to the superior court.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 1, article 2, Arizona Revised Statutes, is amended by adding section 12-137, to read:
12-137. Veterans court; establishment; mandatory referrals for aggravated DUI
A. The presiding judge of the superior court in each county shall establish a veterans court to adjudicate cases filed in the superior court and, if a veterans court is not established pursuant to section 22‑601, to adjudicate cases filed in a justice or municipal court in that county.
B. The presiding judge of the superior court shall establish the eligibility criteria for referral to the veterans court. The eligibility criteria must include a mandatory referral requirement to The veterans court for any case that is filed against a veteran and that alleges only a violation of section 28‑1383, subsection A, paragraph 1, 2 or 4.
C. A judge who has jurisdiction over a case that meets the eligibility criteria may refer a case to the veterans court, except that the judge shall refer a case that meets the mandatory referral requirement prescribed in subsection B of this section to the veterans court. The originating court shall notify the prosecutor of any criminal case referred to the veterans court.
D. Notwithstanding any other law, a person who is under the jurisdiction of the veterans court and who is convicted of a violation of section 28‑1383, subsection A, paragraph 1, 2 or 4 is eligible for probation without regard to the person's previous criminal history. If placed on probation, the court must require as a condition of probation that the person be screened by a physician or mental health care specialist to determine if the person suffers from post‑traumatic stress disorder.
Sec. 2. Section 22-601, Arizona Revised Statutes, is amended to read:
22-601. Homeless, veterans and mental health courts; establishment; eligibility for referral; mandatory referral; deferred prosecution
A. The presiding judge of the superior court in each county may establish a homeless court, veterans court and mental health court to adjudicate cases filed in a justice court or a municipal court in the county.
B. The presiding judge of the superior court shall establish the eligibility criteria for referral to the homeless court, veterans court or mental health court. The eligibility criteria must include a mandatory referral requirement to either:
1. The veterans court for any case that is filed against a veteran, that alleges only a violation of section 28‑1383, subsection A, paragraph 1, 2 or 4 and in which the offense does not involve personal injury or property damage in excess of five thousand dollars.
2. The mental health court for any case that is filed against a person who is diagnosed with post‑traumatic stress disorder and that alleges only a violation of section 28‑1383, subsection A, paragraph 1, 2 or 4.
C. A justice of the peace or municipal court judge who has jurisdiction over a case that meets the eligibility criteria may refer the case to the homeless court, veterans court or mental health court and shall refer a case that qualifies for mandatory referral pursuant to subsection B of this section to the veterans court or mental health court, as applicable.
D. The originating court shall notify the prosecutor of any criminal case referred to the homeless court, veterans court or mental health court.
E. Notwithstanding any other law, when a person is under the jurisdiction of the veterans court, the prosecution against the person is suspended for twenty‑four months to allow the person to participate in a deferred prosecution program. During the deferred prosecution program, the person must be supervised by a probation department, attend counseling for post‑traumatic stress disorder and comply with any treatment orders that are required by the person's physician. The court may not incarcerate the person during the term of the deferred prosecution. On successful completion of a deferred prosecution program, the court shall dismiss all charges against the person. If the person does not comply with the terms of the deferred prosecution, the person may be prosecuted in the superior court.