HB 2296
Initials JL Page 1 Caucus & COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
House: JUD DPA/SE 4-3-0-1-0-0
HB 2296: probationers; prisoners; search; seizure authority
S/E: probationers; search; seizure authority
Sponsor: Representative Carter, LD 15
Caucus & COW
Overview
Adds conditions that must be met for a peace officer to conduct a warrantless search of a
probationer pursuant to a felony probation condition requiring warrantless searches.
History
Current law authorizes a court to suspend a convicted person's sentence and place the person
on a period of probation if the convicted person is eligible (A.R.S. §§ 13-901, 13-902). A court
must place the person on probation subject to whatever terms and conditions the court deems
appropriate, in addition to any other terms and conditions required by statute.
During a person's term of probation, a court has discretion to issue a warrant for the probationer's
rearrest and modify or add to the existing probation conditions. Similarly, any probation officer is
authorized to rearrest a probationer and bring the person before the court at any time during the
probation period, even without a warrant or other process. If a probationer commits an additional
offense or violates a probation condition, a court may revoke probation prior to the expiration or
termination of the probation period. Conversely, a court is authorized to terminate probation early
in certain circumstances, subject to certain notice and hearing requirements (A.R.S. § 13-901).
Provisions
1. Requires that the following conditions must be met for a peace officer to conduct a warrantless
search of a felony probationer pursuant to a condition of probation that requires warrantless
searches:
a) The probationer is stopped by a peace officer for a civil traffic or criminal violation;
b) The peace officer either receives authorization from the probationer's assigned probation
officer or unsuccessfully attempts to make contact with the probationer's assigned
probation officer; and
c) The warrantless search is limited to the probationer's person and motor vehicle. (Sec. 1)
2. Makes technical changes. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note