Arizona HCR 2026: Japanese Americans; recognition

Bill Text

HCR2026 - 572R - I Ver 

 REFERENCE TITLE: controlled substances; 
 paraphernalia; probation eligibility

 State of Arizona

 House of Representatives

 Fifty-seventh Legislature

 Second Regular Session

 2026

 HCR 2026

 Introduced by 

 Representatives 
 Way: Lopez, Nguyen

A 
CONCURRENT RESOLUTION

enacting and ordering the submission to 
the people of a measure relating to probation.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it resolved by the House of Representatives of the State of 
Arizona, the Senate concurring:

1. Under the power of the referendum, as vested in 
the Legislature, the following measure, relating to probation, is enacted to 
become valid as a law if approved by the voters and on proclamation of the 
Governor:

AN ACT

amending section 
13-901.01, Arizona Revised Statutes; relating to probation.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 13-901.01, Arizona Revised 
Statutes, is amended to read:

START_STATUTE13-901.01. Probation for persons 
convicted of possession or use of controlled substances or drug paraphernalia; 
treatment; prevention; education; exceptions; 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.

B. Any person who has been convicted of or 
indicted for a violent crime as defined in 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. 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 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 that 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. Was convicted of the personal possession or use 
of a controlled substance or drug paraphernalia and the offense involved 
methamphetamine.

5. Was convicted of the personal 
possession or use of a controlled substance or drug paraphernalia and the 
offense involved fentanyl, unless the person had a valid medical prescription 
for fentanyl.

I. Subsections G and H of this section do not 
prohibit the defendant from being placed on probation pursuant to section 13-901 
if the defendant otherwise qualifies for probation under that section.

J. For the purposes of this section, 
"controlled substance" has the same meaning prescribed in section 36-2501. 
END_STATUTE

2. The Secretary of St