ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

 

HB 2236: deferred prosecution program; definition

Sponsor:  Representative Allen J, LD 15

Committee on Judiciary

Overview

Allows a county attorney to prohibit a person accused of committing a crime from entering a special supervision program before a plea or a trial, if the person had previously been convicted of a serious offense, a dangerous offense, dangerous crimes against children or previously been convicted three or more times for possession of a controlled substance or possession of drug paraphernalia.

History

Currently, the county attorney may not divert or defer the prosecution of a person who:

1)    Has been previously convicted of one of the following:

a)    A serious offense;

b)    A dangerous offense, or

c)    A dangerous crime against children.

 

2)    Has been convicted three or more times of either:

a)    Personal possession of a controlled substance; or

b)    Personal possession of drug paraphernalia (A.R.S. § 11-361).

Provisions

1.    Allows a county attorney to prohibit a person accused of committing a crime from entering a special supervision program before a plea or a trial if the person had previously:

a)    Been convicted of a serious offense;

b)    A dangerous offense;

c)    Been convicted of a dangerous crime against children; or

d)    Been convicted three or more times for possession of a controlled substance or drug paraphernalia. (Sec. 1)

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

 

 

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Initials LC/SF              Judiciary

 

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