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REFERENCE TITLE: violent crime allegations; conviction withheld |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HB 2830 |
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Introduced by Representative Payne
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An Act
amending section 13-901.03, Arizona Revised Statutes; relating to restoration of civil rights.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-901.03, Arizona Revised Statutes, is amended to read:
13-901.03. Violent crimes; allegation; definition
A. The allegation that the defendant committed a violent crime shall be charged in the indictment or information and admitted or found by the court. The court shall allow the allegation that the defendant committed a violent crime at any time before the date the case is actually tried unless the allegation is filed fewer than twenty days before the case is actually tried and the court finds on the record that the defendant was in fact prejudiced by the untimely filing and states the reasons for these findings.
B. The court shall allow the allegation that the defendant committed a violent crime regardless of whether the defendant is participating or has participated in any first offender or deferred adjudication program or any other similar program where judgment of conviction is withheld.
B. C. For the purpose of this section, "violent crime" includes any criminal act that results in death or physical injury or any criminal use of a deadly weapon or dangerous instrument.