Official Summary Text
HB2226 - 572R - Senate Fact Sheet
Assigned to
JUDE���������������������������������������������������������������������������������������������� AS
PASSED BY COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh
Legislature, Second Regular Session
AMENDED
FACT SHEET FOR
H.B. 2226
processing
arrestees; veteran status
Purpose
Requires the
court to inquire as to a person's veteran status at the person's initial
appearance hearing and to notify the prosecuting agency if the person is a
veteran. Requires the prosecuting agency to consider referring the person to
the veterans' court, other treatment court or diversion program.
Background
The presiding
judge of the superior court in each county may establish a homeless court,
veterans' court and mental health court to adjudicate cases filed in a justice
or municipal court in the county. A presiding judge must establish the
eligibility criteria for referral to a homeless court, veterans' court or
mental health court and a justice of the peace or municipal court judge who has
jurisdiction over a case that meets the eligibility criteria may refer the case
to such court. The originating court must notify the prosecutor of any criminal
case that is referred to a homeless court, veterans' court or mental health
court (
A.R.S.
� 22-601
).
ADVS duties
include: 1) assisting veterans and their families and dependents in presenting,
providing and establishing claims, privileges, rights and benefits they may
have under federal, state or local law; 2) cooperating with all government and
private agencies receiving services for or benefits to veterans and their
families and dependents; 3) collecting information relating to services and
facilities available to veterans; and 4) entering into agreements with
veterans' organizations in Arizona holding a charter granted by the U.S.
Congress for the beneficial interest of veterans (
A.R.S.
� 41-603
).
There is no anticipated fiscal impact to the state General Fund
associated with this legislation.
Provisions
1.
Requires the court to inquire regarding a person's veteran status at the
person's initial appearance hearing.
2.
Prohibits a person's response regarding the person's veteran status from
being used against the person in criminal proceedings, unless the person
falsely attests that they are a veteran.
3.
Stipulates that the court must notify the prosecuting agency of the
person's veteran status if the court determines that the person is a veteran.
4.
Requires the court to provide information to a veteran regarding services
that are provided by ADVS.
5.
Requires the prosecuting agency, on notification from the court, to
consider referring the veteran to the veterans' court or another appropriate
treatment court or diversion program, unless the person is charged with a
dangerous or serious offense, violent or aggravated felony or a dangerous crime
against children.
6.
Stipulates that, if a person's veteran status is in question, the
prosecuting agency must give the person or the person's attorney an opportunity
to prove the person's veteran status through official documentation, including
the U.S. Department of Defense Form 214 that indicates the person's release or
discharge from active duty.
7.
Becomes effective on the general effective date.
Amendments Adopted by
Committee
1.
Requires the court, rather than the prosecuting agency, to provide a
veteran with information on services that are provided by ADVS.
2.
Makes technical changes.
House Action
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Senate
Action
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Prepared by Senate Research
March 20, 2026
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Current Bill Text
Read the full stored bill text
HB2226 - 572R - S Ver
Senate Engrossed
House Bill
processing arrestees;
veteran status
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2226
AN
ACT
AMENDING TITLE 13, CHAPTER 38, ARTICLE 7,
ARIZONA REVISED STATUTES, BY ADDING SECTION 13-3904; RELATING TO ARREST.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section
1.
1. Title
13, chapter 38, article 7, Arizona Revised Statutes, is amended by adding
section 13-3904, to read:
START_STATUTE
13-3904.
Veteran status; procedure
A. At a
person's initial appearance hearing, the court shall inquire of the person's
status as a veteran of the United States armed forces.
tHE PERSON'S RESPONSE REGARDING THE PERSON'S VETERAN STATUS MAY NOT BE
USED AGAINST THEM IN CRIMINAL PROCEEDINGS UNLESS THE PERSON FALSELY ATTESTS
THAT THEY ARE A VETERAN OF THE uNITED sTATES ARMED FORCES.
B. If the court determines that a
person is a veteran of the United States armed forces, the court shall notify
the prosecuting agency of the person's veteran status.
C. On notification from the court,
unless the person is charged with a dangerous offense under section 13-704,
a serious offense or violent or aggravated felony as defined in section 13-706
or a dangerous crime against children as defined in section 13-705, the
court shall provide information to the person regarding services that
are provided by the department of veterans' services and
the
prosecuting agency shall consider referring the person to the veterans court or
another appropriate treatment court or diversion program.
D. If a person's status as a veteran
of the United States armed forces is in question, the prosecuting agency shall
give the person or the person's attorney an opportunity to prove the person's
veteran status through official documentation, including a United States
department of defense form 214 (DD-214) indicating the person's release
or discharge from active military duty.
END_STATUTE