ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

Senate: JUDE DP 7-0-0-0 | Third Read 19-7-4-0

House: FMAE DPA 4-1-1-1 | Third Read 56-0-4-0

Final Read: 27-0-3-0 | Chapter: 221

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

SB 1275: mandatory prison sentences; judicial discretion

 NOW: diversion program; military members; veterans

Sponsor: Senator Gowan, LD 19

Signed by the Governor

Overview

Allows a county attorney to establish a Veterans Diversion Program (Program) and divert the prosecution of a defendant who is a veteran if they meet the Program's criteria.

History

A county attorney is the public prosecutor of a county and must attend the superior and other courts within the county and, on behalf of the state, conduct all prosecutions for public offenses (A.R.S. § 11-532).

Veteran Courts are a process that includes the prosecutor, defense counsel, judge and the Arizona Department of Veterans' Services. A Veteran Courts program focuses on veterans who are currently in or are entering the criminal justice system and creates and supervises treatment plans to address the underlying causes of a veteran's behavior (ADVS).

Provisions

1.   Allows a county attorney to establish a Program for the purpose of treating a defendant who is a military member or veteran. (Sec. 1)

2.   Specifies that a county attorney has sole discretion to decide whether to divert the prosecution of an offender before a guilty plea or trial. (Sec. 1)

3.   Allows a Program to require an offender to plead guilty before entering the Program. (Sec. 1)

4.   Specifies that the Program may provide for the dismissal of a criminal complaint upon successful completion of the Program. (Sec. 1)

5.   States that the act does not preclude the ability of another prosecuting agency to divert or defer the prosecution of an offender as otherwise provided by law. (Sec. 1)

6.   Stipulates that a defendant who is charged with any of the following offenses is not eligible to participate in the Program:

a.   an offense involving the death of or serious physical injury to another person;

b.   a sexual offense or offense of sexual exploitation of children; or

c. an offense in which the defendant engages in a continuing criminal enterprise. (Sec. 1)

7.    Defines military member and veteran. (Sec. 1)

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11.  Initials GG/AW               SB 1275

12.  6/22/2026  Page 0 Signed by the Governor

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14.  ---------- DOCUMENT FOOTER ---------