Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
FACT SHEET FOR S.B. 1646
probation; felony violation; rearrest
Purpose
Requires the court to issue a warrant for the rearrest of a defendant who is released on
probation resulting from a felony conviction and who is charged by indictment or information with
a felony offense that was committed during the probationary term.
Background
At any time during the probationary term of the person released on probation, any probation
officer, without warrant or other process and at any time until the final disposition of the case, may
rearrest any person and bring the person before the court (A.R.S. § 13-901).
The court, in its discretion, may issue a warrant for the rearrest of the defendant and may
modify or add to the conditions of probation or, if the defendant commits an additional offense or
violates a condition, may revoke probation in accordance with the rules of criminal procedure at
any time before the expiration or termination of the period of probation. If the court revokes the
defendant's probation and the defendant is serving more than one probationary term concurrently,
the court may sentence the person to terms of imprisonment to be served consecutively (A.R.S.
§ 13-901).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the courts to issue, without delay and at the request of the state or a probation officer,
a warrant for the rearrest of a defendant who is released on probation resulting from a felony
conviction, and who is charged by indictment or information with a felony offense that was
committed during the probationary term, unless the person is eligible for probation for drug
possession or drug paraphernalia, or the court has considered the felony offense at a prior
revocation hearing.
2. Stipulates that a defendant is not eligible for release while probation revocation proceedings
are pending.
3. Makes technical changes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
February 12, 2024
ZD/KK/cs