PREFILED DEC 23 2019
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REFERENCE TITLE: prearrest diversion programs; civil citation |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HB 2070 |
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Introduced by Representative Blackman
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AN ACT
amending title 13, chapter 38, Arizona Revised Statutes, by adding article 15; relating to prearrest diversion.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 38, Arizona Revised Statutes, is amended by adding article 15, to read:
ARTICLE 15. PREARREST DIVERSION PROGRAMS
13-4001. Prearrest diversion programs; civil citation; prearrest diversion committee; definition
A. A county, city, town or other political subdivision of this state may establish a prearrest diversion program within a law enforcement agency. A law enforcement officer, in the officer's sole discretion, may issue a civil citation to a person who is eighteen years of age or older and who commits a nonviolent misdemeanor offense. A civil citation may be issued only if:
1. The person:
(a) Admits to the offense.
(b) Does not have a previous arrest.
(c) Has not previously received a civil citation pursuant to this section.
2. If the offense involves a victim, The victim does not object to the issuance of the civil citation.
B. A person who receives a civil citation shall report to the local prearrest diversion program for intake and must be provided appropriate assessment, intervention, education and behavioral health care services. The person shall perform community restitution While in the prearrest diversion program as specified by the program. The person shall pay restitution to the victim, if any, as a requirement of the program. If the person does not successfully complete the program, the law enforcement officer who issued the civil citation shall request that criminal charges be filed against the person for the original offense and shall refer the case to the appropriate prosecuting agency to determine if prosecution is appropriate. If the person successfully completes the program, the person's arrest record may not include an arrest for the offense.
C. A county, city, town or other political subdivision of this state that establishes a prearrest diversion program shall establish a committee to develop the program's policies and procedures, including eligibility criteria, program implementation and operation and the amount of the fee that a person who participates in the program must pay. The committee shall consist of at least representatives of the law enforcement agencies participating in the program, a representative of the program services provider, a public defender or the public defender's designee, a prosecuting attorney or the prosecuting attorney's designee, a clerk of the court or the clerk's designee and other stakeholders.
D. This section does not preempt a county, city, town or other political subdivision of this state from enacting a noncriminal sanction for a violation of an ordinance or from establishing a prearrest diversion program that is different than the program established by this section.
E. For the purposes of this section, "nonviolent misdemeanor offense" includes:
1. Disorderly conduct pursuant to section 13‑2904.
2. Theft of property valued at less than $50.
3. A person who is under twenty‑one years of age with spiritous liquor in the person's body.
4. The unlawful possession of twenty grams or less of marijuana.
5. Selling or providing spiritous liquor to a minor.
6. Criminal trespass pursuant to section 13‑1502.