Bill Text: AZ HB2360 | 2013 | Fifty-first Legislature 1st Regular | Introduced

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Bill Title: Drug possession; medical assistance; probation

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2013-01-24 - Referred to House JUD Committee [HB2360 Detail]

Download: Arizona-2013-HB2360-Introduced.html

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REFERENCE TITLE: drug possession; medical assistance; probation

 

 

 

State of Arizona

House of Representatives

Fifty-first Legislature

First Regular Session

2013

 

 

HB 2360

 

Introduced by

Representatives Mendez, Gallego: Alston

 

 

AN ACT

 

amending title 13, chapter 9, Arizona Revised Statutes, by adding section 13‑915; relating to probation.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 13, chapter 9, Arizona Revised Statutes, is amended by adding section 13-915, to read:

START_STATUTE13-915.  Probation for possession of controlled substance; medical assistance; setting aside conviction

A.  Notwithstanding any other law, the court shall place a person who is convicted of the personal possession or use of a controlled substance or drug paraphernalia on probation pursuant to section 13-901.01 if the court finds that the evidence for the possession charge was gained as a result of either of the following:

1.  The person was experiencing a drug related overdose and was in need of medical assistance.

2.  The person was in good faith seeking medical assistance for another person who was experiencing a drug related overdose and that person was in need of medical assistance.

B.  Section 13-901.01, subsection H, paragraph 4 does not apply to a person who is otherwise eligible for probation pursuant to this section.

C.  If a person who is placed on probation pursuant to this section successfully completes probation, the court shall automatically set aside the judgment of guilt pursuant to section 13-907. END_STATUTE