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House Engrossed
prosecution; deferred; diverted |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HOUSE BILL 2186 |
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AN ACT
amending section 11-361, arizona revised statutes; relating to deferred prosecution programs.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 11-361, Arizona Revised Statutes, is amended to read:
11-361. Definition of program
For the purposes of this article, unless the context otherwise requires, "program" means a special supervision program in which the county attorney of a participating county may divert or defer, before a guilty plea or a trial, the prosecution of a person who is accused of committing a crime, except that the county attorney may not divert or defer the prosecution of a person who:
1. Has been previously convicted of a serious offense as defined in section 13-706, an offense under title 13, chapter 14, a dangerous offense as defined in section 13-105 or a dangerous crime against children as defined in section 13-705.
2. Has been convicted three or more times of either:
(a) Personal possession of a controlled substance as defined in section 36-2501.
(b) Personal possession of drug paraphernalia as defined in section 13-3415.