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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
probationers; prisoners; search; seizure authority
(NOW: probationers; search; seizure authority)
Purpose
Authorizes a peace officer to conduct a warrantless search of a probationer if certain conditions are met, including that the probationer is subject to warrantless searches as a condition of their probation.
Background
If a person who has been convicted of an offense is eligible for probation, the court may suspend the imposition or execution of sentence and must, without delay, place the person on intensive probation supervision, supervised or unsupervised probation on such terms and conditions as the law requires and the court deems appropriate, including participation in any community punishment programs. The period of probation shall be determined as outlined, depending on the classification and circumstances of the offense (A.R.S. §§ 13-901 and 13-902).
The court, in its discretion, may issue a warrant for the rearrest of the defendant and may modify or add to the conditions or, if the defendant commits an additional offense or violates a condition, may revoke probation in accordance with the rules of criminal procedure at any time before the expiration or termination of the period of probation. If the court revokes the defendant's probation and the defendant is serving more than one probationary term concurrently, the court may sentence the person to terms of imprisonment to be served consecutively. At any time during the probationary term of the person released on probation, any probation officer, without warrant or other process and at any time until the final disposition of the case, may rearrest any person and bring the person before the court. (A.R.S. § 13-901).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Authorizes a peace officer to conduct a warrantless search of a probationer if all of the following apply:
a) the probationer is convicted of a felony offense and the court imposes a condition of probation that requires warrantless searches;
b) the probationer is stopped by the peace officer for a civil traffic or criminal violation;
c) the peace office either receives permission to conduct the search from the probationer's assigned probation officer or the peace officer attempts to contact the probationer's assigned probation officer and is unsuccessful;
d) the warrantless search is limited to the probationer's person and motor vehicle; and
e) the warrantless search is supported by reasonable suspicion.
2. Makes technical changes.
3. Becomes effective on the general effective date.
House Action
JUD 2/8/23 DPA/SE 4-3-0-1
3rd Read 2/21/23 31-29-0-0
Prepared by Senate Research
March 21, 2023
ZD/KS/sr