ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
prosecution; deferred; diverted
Purpose
Removes specified prior offenses that would disqualify a person from participating in a county prosecution diversion program.
Background
Statute defines program as, unless context otherwise requires, a special supervision program in which the county attorney of a participating county may divert or defer, before a guilty plea or 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, sexual offense, dangerous offense or dangerous crime against children; or 2) has been convicted three or more times of personal possession of a controlled substance or personal possession of drug paraphernalia. The county attorney has sole discretion to decide whether to divert or defer prosecution of an offender (A.R.S. 11-361 and 11-365).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a county attorney to divert or defer the prosecution of a person who:
a) has been previously convicted of a serious offense, sexual offense, dangerous offense or dangerous crime against children; or
b) has been convicted three or more times of personal possession of a controlled substance or personal possession of drug paraphernalia.
2. Becomes effective on the general effective date.
House Action
JUD 2/3/21 DP 10-0-0-0
3rd Read 2/11/21 52-7-1
Prepared by Senate Research
March 9, 2021
JA/RC/gs