SB 1474
Initials JL/MB Page 1 Judiciary
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
Senate: JUD DP 4-3-0-0 | 3
rd
Read DP 16-12-2-0-0
SB 1474: probation; felony conviction
Sponsor: Senator Kern, LD 27
Committee on Judiciary
Overview
Requires a court, at the request of the state or a probation officer, to issue a warrant for the
rearrest of a felony probationer who is charged with a felony offense that was committed
during the probationary term.
History
The criminal code includes several provisions that govern the procedure for a court to: impose
a term of probation; define the different types of probation that may be imposed for eligible
offenses; and delineate the terms and conditions that a defendant is subject to while on
probation. Statute grants the court discretion to issue a rearrest warrant, modify terms of
probation or, if the probationer commits an additional offense or violates a condition of their
probation, to revoke probation at any time during the probationary period (A.R.S. § 13-901).
Current law states that first- and second-time offenders convicted of personal possession or
use of a controlled substance or drug paraphernalia are eligible for probation if the possession
or use of the controlled substance did not include possession for sale, production,
manufacturing or transportation. A requirement of this probation is that the probationer
attend a drug treatment or education program (A.R.S. § 13-901.01).
Provisions
1. Requires a court, at the request of the state or a probation officer, to issue a rearrest
warrant without delay for a felony probationer who is charged with a new felony offense
that was committed during the probationer's current term of probation. (Sec.1)
2. Prevents a person who is accused of committing a felony offense while on probation from
being eligible for release while probation revocation proceedings are pending if the court
finds a reasonable probability exists that it will impose a sentence of imprisonment if it
finds the defendant in violation of probation. (Sec. 1)
3. States a person held without bond is entitled to a bail eligibility hearing in accordance
with the Arizona Rules of Criminal Procedure to determine if the person should be held
without bond. (Sec. 1)
4. Clarifies that the release provisions of this new subsection do not apply to defendants
eligible for mandatory probation outlined in A.R.S. § 13-901.01 or if the court has
considered the new felony offense at a prior revocation hearing. (Sec. 1)
5. Makes technical and conforming changes. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note