Bill Text: AZ HB2374 | 2012 | Fiftieth Legislature 2nd Regular | Chaptered

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Bill Title: Deferred prosecution program; conditions

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2012-03-20 - Governor Signed [HB2374 Detail]

Download: Arizona-2012-HB2374-Chaptered.html

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House Engrossed

 

 

 

 

State of Arizona

House of Representatives

Fiftieth Legislature

Second Regular Session

2012

 

 

 

CHAPTER 52

 

HOUSE BILL 2374

 

 

AN ACT

 

amending section 11‑361, Arizona Revised Statutes; relating to the county deferred PROSECUTION program.

 

 

(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 felony.

2.  Is accused of committing a felony involving a dangerous offense as defined in section 13‑105.

3.  Has previously completed a program established pursuant to this article. 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

 

 

 

 

 

APPROVED BY THE GOVERNOR MARCH 20, 2012.

 

FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 20, 2012.