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House Engrossed Senate Bill
mandatory prison sentences; judicial discretion (now: diversion program; military members; veterans) |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SENATE BILL 1275 |
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AN ACT
amending title 11, chapter 2, article 11, Arizona Revised Statutes, by adding section 11-366; relating to criminal diversion programs.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 11, chapter 2, article 11, Arizona Revised Statutes, is amended by adding section 11-366, to read:
11-366. Veterans diversion program; definitions
A. A county attorney may establish a veterans diversion program for the purpose of treating a defendant who is a military member or veteran.
B. The county attorney has sole discretion to decide whether to divert, before a guilty plea or a trial, the prosecution of an offender, except that the veterans diversion program may be structured to require an offender to plead guilty before entry into the veterans diversion program. The veterans diversion program may provide for the dismissal of a criminal complaint on successful completion of the veterans diversion program. This section does not preclude the ability of another prosecuting agency to divert or defer the PROSECUTION of an offender as otherwise provided by law.
C. A DEFENDANT who is charged with any of the following offenses is not eligible to participate in the veterans diversion program:
1. An offense involving the death of or serious physical injury to another person.
2. A violation of Title 13, chapter 14 or 35.1.
3. An offense in which the defendant engages in a continuing criminal enterprise.
D. For the purposes of this section:
1. "Military member" means an individual who serves in the uniformed services of the United States, including all regular, reserve and national guard components of the United States army, navy, air force, space force, marine corps and coast guard.
2. "veteran" means an individual who has served in and who has been discharged, separated or released from active or inactive service in the uniformed services of the United States, including all regular, reserve and national guard components of the United States army, navy, air force, SPACE force, marine corps and coast guard.