SB 1013
Initials NM Page 1 Caucus & COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
Senate: JUDE 4-3-0-0 | 3
rd
Read 17-12-0-1
House: JUD DPA/SE 5-2-1-1
SB 1013: municipalities; counties; fee increases; vote
S/E: fentanyl; possession; probation ineligibility
Sponsor: Senator Petersen, LD 14
Caucus & COW
Summary of the Strike-Everything Amendment to SB 1013
Overview
Excludes individuals convicted of personal possession or use of fentanyl from eligibility for
mandatory probation, except for those with a valid medical prescription.
History
In 1996, Arizona voters passed, by initiative, the Drug Medicalization, Prevention and
Control Act (Proposition 200). Proposition 200 added to the Criminal Code, among other
statutes, A.R.S. § 13-901.01; this statute, with subsequent amendments, mandates probation
for individuals convicted of personal possession or use of controlled substances or drug
paraphernalia, requiring courts to suspend sentencing and impose probation instead.
Probation includes mandatory participation in a drug treatment or education program, which
the defendant must pay for to the extent he is financially able. Individuals are ineligible for
this mandatory probation if they:
1) have been convicted three or more times of drug possession;
2) refuse drug treatment;
3) reject probation; or
4) were convicted of methamphetamine possession.
Provisions
1. Adds that a person convicted of the personal possession or use of controlled substances or
drug paraphernalia is not eligible for mandatory probation if the offence involved
fentanyl. (Sec. 1)
2. Stipulates that the aforesaid does not apply to a person with a valid medical prescription
for fentanyl. (Sec. 1)
3. Contains a findings clause. (Sec. 2)
4. Contains a Proposition 105 clause. (Sec. 3)
☒ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note