SB 1013 — municipalities; counties; fee increases; vote

House Engrossed Senate BillEngrossed municipalities;

vote (now:State of Arizona Senate Fifty-seventh Legislature First Regular Session SENATE BILL 1013 AN ACT AMENDING TITLE 9, CHAPTER 2, ARTICLE 3, ARIZONA REVISED STATUTES, BY ADDING SECTION 9-256;

fentanyl;AMENDING TITLE 11, CHAPTER 2, ARTICLE 2, ARIZONA REVISED STATUTES, BY ADDING SECTION 11-225;

possession;RELATING TO LOCAL GOVERNMENT POWERS.

probation ineligibility) State of Arizona Senate Fifty-seventh Legislature First Regular Session SENATE BILL 1013 AN ACT AMENDING SECTION 13-901.01, ARIZONA REVISED STATUTES;

RELATING TO PROBATION.

SubjectTitle to9, thechapter requirements2, of article IV,3, part 1, section 1, Constitution of Arizona, section 13-901.01, Arizona Revised Statutes, is amended by adding section 9-256, to read:

13-901.01.9-256.

ProbationCommon forcouncil; persons convicted of possession or use of controlled substances or drug paraphernalia;

treatment;increase in taxes or fees;

prevention;two-thirds vote requirement;

education;state preemption A.

exceptions;NOTWITHSTANDING ANY OTHER LAW, THE COMMON COUNCIL OF A MUNICIPALITY MAY NOT LEVY OR IMPOSE AN INCREASE IN ANY ASSESSMENT, TAX OR FEE WITHOUT A TWO-THIRDS VOTE OF THE COMMON COUNCIL OF THE MUNICIPALITY.

definition A.

Notwithstanding any law to the contrary, any person who is convicted of the personal possession or use of a controlled substance or drug paraphernalia is eligible for probation.

The court shall suspend the imposition or execution of sentence and place the person on probation.

AnyTHE personREGULATION whoOF hasINCREASES beenIN convictedMUNICIPAL ofASSESSMENTS, orTAXES indictedAND forFEES aIS violentA crimeMATTER asOF definedSTATEWIDE inCONCERN. section 13-901.03 is not eligible for probation as provided for in this section but instead shall be sentenced pursuant to chapter 34 of this title.

C.A MUNICIPALITY'S ABILITY TO INCREASE ASSESSMENTS, TAXES AND FEES PURSUANT TO THE REQUIREMENTS OF SUBSECTION A OF THIS SECTION IS NOT SUBJECT TO FURTHER REGULATION BY A MUNICIPALITY.

Personal possession or use of a controlled substance pursuant to this section shall not include possession for sale, production, manufacturing or transportation for sale of any controlled substance.

D.

If a person is convicted of personal possession or use of a controlled substance or drug paraphernalia, as a condition of probation, the court shall require participation in an appropriate drug treatment or education program administered by a qualified agency or organization that provides such programs to persons who abuse controlled substances.

Each person who is enrolled in a drug treatment or education program shall be required to pay for participation in the program to the extent of the person's financial ability.

E.

A person who has been placed on probation pursuant to this section and who is determined by the court to be in violation of probation shall have new conditions of probation established by the court.

The court shall select the additional conditions it deems necessary, including intensified drug treatment, community restitution, intensive probation, home arrest or any other sanctions except that the court shall not impose a term of incarceration unless the court determines that the person violated probation by committing an offense listed in chapter 34 or 34.1 of this title or an act in violation of an order of the court relating to drug treatment.

F.

If a person is convicted a second time of personal possession or use of a controlled substance or drug paraphernalia, the court may include additional conditions of probation it deems necessary, including intensified drug treatment, community restitution, intensive probation, home arrest or any other action within the jurisdiction of the court.

G.

At any time while the defendant is on probation, if after having a reasonable opportunity to do so the defendant fails or refuses to participate in drug treatment, the probation department or the prosecutor may petition the court to revoke the defendant's probation.

If the court finds that the - 1 - S.B.

1013 defendant refused to participate in drug treatment, the defendant shall no longer be eligible for probation under this section but instead shall be sentenced pursuant to chapter 34 of this title.

H.

A person is not eligible for probation under this section but instead shall be sentenced pursuant to chapter 34 of this title if the court finds the person either:

1.

Had been convicted three times of personal possession of a controlled substance or drug paraphernalia.

2.

Refused drug treatment as a term of probation.

3.

Rejected probation.

4.