HB 2540 Summary

• Amends sections 13-3406, 13-3407, and 13-3408 of Arizona Revised Statutes to allow courts to place defendants on probation for certain drug offenses without immediately designating them as felonies or misdemeanors.

• Permits undesignated probation for possession of prescription-only drugs (class 4 felony), possession of dangerous drugs (class 4 felony), and possession of narcotic drugs (class 4 felony) if the defendant has no prior felony convictions and the state moves for probation.

• Treats undesignated offenses as felonies for purposes of felony probation, DNA collection, firearm rights, prior conviction enhancements, impeachment, and sentencing enhancements until probation is successfully completed.

• Requires courts to designate undesignated offenses as misdemeanors upon successful completion of probation conditions, unless the defendant owes victim restitution or willfully failed to pay monetary obligations.

• Removes references to specific drug types (lysergic acid diethylamide, methamphetamine, amphetamine, phencyclidine) from the dangerous drug undesignated probation provision.