PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO S.C.R. 1030
(Reference to Senate engrossed bill)
Strike lines 1 through 34
Strike everything after the resolving clause and insert:
"1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to marijuana, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:
AN ACT
amending section 13-901.03, Arizona Revised Statutes; Amending title 36, chapter 28.2, Arizona Revised Statutes, by adding section 36-2866; relating to marijuana.
Section 1. Title 36, chapter 28.2, article , Arizona Revised Statutes, is amended by adding section 36-2866, to read:
36-2866. Social equity ownership program; transfer
A. on passage by voters and certification by the secretary of state, no additional marijuana establishment licenses shall be issued by the department for any social equity ownership program pursuant to section 36-2854, subsection a, paragraph 9. On april 8, 2022, the original principal officer or board member with at least fifty-one percent ownership of any entity that received a marijuana establishment license pursuant to section 36-2854, subsection a, paragraph 9, on april 8, 2022, may transfer the marijuana establishment license to any entity of the officer's or member's choice if any of the following applies:
1. A principal officer or board member who held a minority interest when the marijuana establishment license was originally issued violated any rules adopted pursuant to this chapter.
2. A principal officer or board member who held a minority interest in the entity at the time of application failed to disclose an excluded felony offense.
3. A principal officer or board member who held a minority interest in the entity at the time of application did not possess a card for a marijuana facility agent at the time of the application.
B. The transfer of the license pursuant to subsection a of this section is subject to the attorney general's review and investigative determination.
Sec. 2. 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. 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. This definition applies regardless of whether the individual has entered into participation in any first offender, deferred adjudication or similar program where judgment of conviction is withheld.
Sec. 3. Legislative intent
The legislature intends that the amendments made in section 13-901.03, Arizona Revised Statutes align Arizona state law with federal law, specifically 42 CFR Part 1001, which defines "convicted" as:
1. A judgment of conviction has been entered against an individual or entity by a Federal, State or local court, regardless of either of the following:
(a) There is a post-trial motion or an appeal pending.
(b) The judgment of conviction or other record relating to the criminal conduct has been expunged or otherwise removed.
2. A Federal, State or local court has made a finding of guilt against an individual or entity.
3. A Federal, State or local court has accepted a plea of guilty or nolo contendere by an individual or entity.
4. An individual or entity has entered into participation in a first offender, deferred adjudication or other program or arrangement where judgment of conviction has been withheld.
2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona."
Amend title to conform