3078 AMH WOLF ADAM 160

HB 3078 - H AMDS 940 ADOPTED

By Representative Wolfe

     On page 2, beginning on line 30, after "committed" strike all material through "adjudication" on line 32

     On page 3, at the end of line 8, insert "If the alleged offender does not fall under (6) of this section only because the alleged offender has a prior deferred disposition or deferred adjudication, the prosecutor may also consider the recency and seriousness of the charge for which the offender received the deferred disposition or deferred adjudication."

EFFECT:  Removes the mandatory ineligibility for diversion if the offender has a prior deferred disposition or adjudication and replaces it with an option for the prosecutor to divert those cases.  In determining whether or not to divert an offender who has a prior deferred disposition or adjudication, the prosecutor may consider the recency and seriousness of the charge underlying the deferred disposition or adjudication.