REFERENCE TITLE: prosecution; deferred; diverted

State of Arizona

House of Representatives

Fifty-fifth Legislature

First Regular Session

2021

HB 2186

Introduced by

Representative Pratt

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:

START_STATUTE11-361.  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. END_STATUTE