COMMITTEE ON GOVERNMENT
HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1044
(Reference to Senate engrossed bill)
Strike everything after the enacting clause and insert:
"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 driving or actual physical control while under the influence
A. The presiding judge of the superior court in each county may 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 may 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 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 if there is a mandatory referral requirement, the judge shall refer a case that meets the eligibility criteria 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 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. Legislative findings
The legislature finds that veterans are a unique population and that veterans who enter the criminal justice system should be provided unique opportunities for treatment that are tailored to meet the needs of a veteran and provide an array of opportunities that will best position the veteran to be successful in any treatment program."
Amend title to conform