House of
Representatives
SB 1230
sex offenders; address verification
Sponsors: Senator Huppenthal, Senator Brotherton, Senator Jarrett, et al.
SB 1230 requires the Motor Vehicle Department to provide daily updates to the Department of Public Safety and makes changes to sex offender registration.
History
A.R.S. § 13-3821 outlines which offenders must register and includes any person convicted of a violation or attempted violation of the following:
· Unlawful imprisonment if the victim is under 18 and the imprisonment is not committed by the parent.
· Kidnapping if the victim is under 18 and not committed by the parent.
· Sexual abuse if the victim is under 18.
· Sexual conduct with a minor.
· Sexual assault or sexual assault of a spouse.
· Molestation of a child.
· Continuous sexual abuse of a child.
· Child prostitution, taking a child for the purpose of prostitution or sexual exploitation of a minor.
· A second/subsequent violation of indecent exposure or public sexual indecency to person under 15.
· A third/subsequent violation of indecent exposure or public sexual indecency.
· Failure to register as a sex offender or update registration upon moving.
Additionally, a judge who sentences a defendant to any violation of Title 13, Ch. 14 (Sexual Offenses), Title 13, Ch. 35.1 (Sexual Exploitation of Children) or for any offense where there was a finding of sexual motivation may require the person to register as a sex offender. A.R.S. § 13-3821 requires any person convicted of an offense listed above to register within ten days of entering or remaining in any county of the state with the sheriff of that county. Additionally, any person convicted of any offense in another jurisdiction that if committed in Arizona would constitute an offense listed above must also register.
When registering as a sex offender, the person must sign a statement giving the information required by the Department of Public Safety (DPS) and statutory requirements (A.R.S. § 13-3821). The information required by statute includes:
· All names by which the person is known,
· The physical location of the person’s residence,
· The person’s address,
· The location and number of the person’s post office box,
· The physical location of any temporary address if the person does not have a residence or address.
A.R.S. § 13-3821 requires a person who is a registered sex offender obtain a new driver license or nonoperating identification license when registering for the first time and each year afterward. The person is required to submit proof of the person’s address and residence. The Motor Vehicle Department (MVD) is directed to update the person’s photograph each year and to send the information to DPS.
For the purposes of registering as a sex offender, address is defined as the location at which the person receives mail, and residence is defined as the person’s dwelling place whether permanent or temporary (A.R.S. § 13-3821).
Provisions
· Directs MVD to provide daily address updates of persons required to register as sex offenders to DPS.
· Requires a person who is registering as a sex offender to sign or affix an electronic fingerprint to a statement required by DPS.
· Mandates that when a person from another jurisdiction is registering as a sex offender in Arizona, the sheriff must obtain a sample of blood or other bodily substances for DNA testing. The sheriff must transmit the sample to DPS.
· Requires any law enforcement agency in a county in which the person last resided to conduct an investigation and submit a report if a sex offender has been found to have not reregistered.
· Increases the classification for a registered sex offender who fails to update the offender’s address and picture each year with MVD from a Class 1 misdemeanor to a Class 6 felony.
· Directs that sex offender registration information be submitted to DPS rather than a department within DPS.
· Makes technical and conforming changes.
---------- DOCUMENT FOOTER ---------
Forty-seventh Legislature
Second Regular Session 2 April 12, 2006
---------- DOCUMENT FOOTER ---------