ARIZONA STATE SENATE
Forty-seventh Legislature, Second Regular Session
FINAL AMENDED
FACT SHEET FOR S.B. 1301
community notification; warrants
Purpose
Expedites the ability of law enforcement officials to obtain a warrant for a sex offender who fails to register or re-register.
Background
Section 13-3821, Arizona Revised Statutes, requires a person who must register as a sex offender to register within ten days after conviction or within ten days after entering or remaining in any Arizona county. However, if the person is sentenced to prison, the Arizona Department of Corrections (ADC) registers the person before release, and forwards the sex offender’s records to the Department of Public Safety (DPS) and the sheriff of the county in which the offender intends to reside within three days of the offender’s release. If a sex offender is sentenced to probation, or enters or remains in any county in Arizona, he is required to register his residence with the sheriff of the county within ten days of being sentenced or remaining in the county. After moving from the person’s residence within a county or after changing the person’s name, a sex offender must inform the sheriff in person and in writing of the person’s new residence, address or new name within 72 hours, excluding weekends and legal holidays (A.R.S. § 13-3822). Any person who fails to comply with these registration requirements is guilty of a class 4 felony (A.R.S. § 13-3824).
After a sex offender is released from confinement, the chief law enforcement officer of the county in which the offender intends to reside is responsible for categorizing the offender and placing the offender in a notification level. The local law enforcement agency is responsible for alerting the community of the offender’s presence within 45 days (A.R.S. § 13-3825). Although the requirements differ according to the notification level of the offender, local law enforcement agencies are generally responsible for distributing flyers to neighborhoods, schools, appropriate community groups and prospective employers with the offender’s photograph, address and criminal background (A.R.S. § 13-3826).
If the offender fails to register or re-register upon moving, DPS must notify the county attorney of the county in which the person was convicted or the interstate compact administrator. Before a warrant may be issued, the law enforcement agency must assemble, print and distribute appropriate flyers regarding the offender.
There is no anticipated fiscal impact associated with this legislation.
Provisions
1. Removes the requirement that law enforcement agencies distribute fliers before they may obtain warrants if a sex offender fails to register.
2. Allows a local law enforcement agency, in addition to DPS, to request the county attorney petition the court of an arrest warrant if a sex offender fails to register or re-register.
3. Permits, instead of requires, the interstate compact administrator to be notified of a sex offender’s failure to register or reregister.
4. Makes technical changes.
5. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Allows the county attorney or the attorney general to petition the court for an arrest warrant and makes clarifying changes to the way in which the warrant is sought.
Amendments Adopted by the House of Representatives
· Removes the ability of DPS to request that the Attorney General petition the court for an arrest warrant for a sex offender who fails to register or re-register.
Senate Action House Action
JUD 2/6/06 DPA 5-0-3 JUD 3/30/06 DP 8-0-1-0
3rd Read 3/1/06 28-0-2-0 3rd Read 4/13/06 59-0-1-0
Final Read 4/18/06 29-0-1-0
Signed by the Governor 4/24/06
Chapter 201
Prepared by Senate Research
April 27, 2006
JE/DL/ac