ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session
	Senate: JUD DP 4-3-0-0 | 3^rd Read DP 16-12-2-0-0

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SB 1474: probation; felony conviction

Sponsor: Senator Kern, LD 27

Committee on Judiciary

Overview

Requires a court, at the request of the state or a probation officer, to issue a warrant for the rearrest of a felony probationer who is charged with a felony offense that was committed during the probationary term.

History

The criminal code includes several provisions that govern the procedure for a court to: impose a term of probation; define the different types of probation that may be imposed for eligible offenses; and delineate the terms and conditions that a defendant is subject to while on probation. Statute grants the court discretion to issue a rearrest warrant, modify terms of probation or, if the probationer commits an additional offense or violates a condition of their probation, to revoke probation at any time during the probationary period (A.R.S. § 13-901).

Current law states that first- and second-time offenders convicted of personal possession or use of a controlled substance or drug paraphernalia are eligible for probation if the possession or use of the controlled substance did not include possession for sale, production, manufacturing or transportation. A requirement of this probation is that the probationer attend a drug treatment or education program (A.R.S. § 13-901.01).

Provisions

1. Requires a court, at the request of the state or a probation officer, to issue a rearrest warrant without delay for a felony probationer who is charged with a new felony offense that was committed during the probationer's current term of probation. (Sec.1)

2. Prevents a person who is accused of committing a felony offense while on probation from being eligible for release while probation revocation proceedings are pending if the court finds a reasonable probability exists that it will impose a sentence of imprisonment if it finds the defendant in violation of probation. (Sec. 1)

3. States a person held without bond is entitled to a bail eligibility hearing in accordance with the Arizona Rules of Criminal Procedure to determine if the person should be held without bond. (Sec. 1)

4. Clarifies that the release provisions of this new subsection do not apply to defendants eligible for mandatory probation outlined in A.R.S. § 13-901.01 or if the court has considered the new felony offense at a prior revocation hearing. (Sec. 1)

5. Makes technical and conforming changes. (Sec. 1)

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9.                   SB 1474

10. Initials JL/MB     Page 0 Judiciary

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