Bill Text: AZ HB2266 | 2011 | Fiftieth Legislature 1st Regular | Introduced

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Bill Title: Drug possession; medical assistance; probation

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-27 - Referred to House JUD Committee [HB2266 Detail]

Download: Arizona-2011-HB2266-Introduced.html

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REFERENCE TITLE: drug possession; medical assistance; probation

 

 

 

State of Arizona

House of Representatives

Fiftieth Legislature

First Regular Session

2011

 

 

HB 2266

 

Introduced by

Representative Ableser

 

 

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 to the contrary, 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