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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
processing arrestees; veteran status
Purpose
Requires the court to inquire as to a person's veteran status at the person's initial appearance hearing and to notify the prosecuting agency if the person is a veteran. Requires the prosecuting agency to provide the person with information on services offered by the Arizona Department of Veterans' Services (ADVS) and to consider referring the person to the veterans' court, other treatment court or diversion program.
Background
The presiding judge of the superior court in each county may establish a homeless court, veterans' court and mental health court to adjudicate cases filed in a justice or municipal court in the county. A presiding judge must establish the eligibility criteria for referral to a homeless court, veterans' court or mental health court and a justice of the peace or municipal court judge who has jurisdiction over a case that meets the eligibility criteria may refer the case to such court. The originating court must notify the prosecutor of any criminal case that is referred to a homeless court, veterans' court or mental health court (A.R.S. § 22-601).
ADVS duties include: 1) assisting veterans and their families and dependents in presenting, providing and establishing claims, privileges, rights and benefits they may have under federal, state or local law; 2) cooperating with all government and private agencies receiving services for or benefits to veterans and their families and dependents; 3) collecting information relating to services and facilities available to veterans; and 4) entering into agreements with veterans' organizations in Arizona holding a charter granted by the U.S. Congress for the beneficial interest of veterans (A.R.S. § 41-603).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the court to inquire regarding a person's veteran status at the person's initial appearance hearing.
2. Prohibits a person's response regarding the person's veteran status from being used against the person in criminal proceedings, unless the person falsely attests that they are a veteran.
3. Stipulates that the court must notify the prosecuting agency of the person's veteran status if the court determines that the person is a veteran.
4. Requires the prosecuting agency, on notification from the court, to provide information to the person regarding services that are provided by ADVS and to consider referring the person to the veterans' court or another appropriate treatment court or diversion program, unless the person is charged with a dangerous or serious offense, violent or aggravated felony or a dangerous crime against children.
5. Stipulates that, if a person's veteran status is in question, the prosecuting agency must give the person or the person's attorney an opportunity to prove the person's veteran status through official documentation, including the U.S. Department of Defense Form 214 that indicates the person's release or discharge from active duty.
6. Becomes effective on the general effective date.
House Action
FMAE 2/4/26 DP 6-0-0-1
3rd Read 2/25/26 54-0-6
Prepared by Senate Research
March 16, 2026
ZD/KS/ci