Senate Engrossed House Bill

 

 

 

 

State of Arizona

House of Representatives

Forty-eighth Legislature

First Regular Session

2007

 

 

 

CHAPTER 84

 

HOUSE BILL 2734

 

 

AN ACT

 

amending sections 13-3821, 13-3822 and 13-3827, Arizona Revised Statutes; relating to sex offender registration.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 13-3821, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3821.  Persons required to register; procedure; identification card; definitions

A.  A person who has been convicted of a violation or attempted violation of any of the following offenses or who has been convicted of an offense committed in another jurisdiction that if committed in this state would be a violation or attempted violation of any of the following offenses or an offense that was in effect before September 1, 1978 and that, if committed on or after September 1, 1978, has the same elements of an offense listed in this section or who is required to register by the convicting jurisdiction, within ten days after the conviction or within ten days after entering and remaining in any county of this state, shall register with the sheriff of that county:

1.  Unlawful imprisonment pursuant to section 13‑1303 if the victim is under eighteen years of age and the unlawful imprisonment was not committed by the child's parent.

2.  Kidnapping pursuant to section 13‑1304 if the victim is under eighteen years of age and the kidnapping was not committed by the child's parent.

3.  Sexual abuse pursuant to section 13‑1404 if the victim is under eighteen years of age.

4.  Sexual conduct with a minor pursuant to section 13‑1405.

5.  Sexual assault pursuant to section 13‑1406.

6.  Sexual assault of a spouse if the offense was committed before August 12, 2005.

7.  Molestation of a child pursuant to section 13‑1410.

8.  Continuous sexual abuse of a child pursuant to section 13‑1417.

9.  Taking a child for the purpose of prostitution pursuant to section 13‑3206.

10.  Child prostitution pursuant to section 13‑3212.

11.  Commercial sexual exploitation of a minor pursuant to section 13‑3552.

12.  Sexual exploitation of a minor pursuant to section 13‑3553.

13.  Luring a minor for sexual exploitation pursuant to section 13‑3554.

14.  Sex trafficking of a minor pursuant to section 13‑1307.

15.  A second or subsequent violation of indecent exposure to a person under fifteen years of age pursuant to section 13‑1402.

16.  A second or subsequent violation of public sexual indecency to a minor under the age of fifteen years pursuant to section 13‑1403, subsection B.

17.  A third or subsequent violation of indecent exposure pursuant to section 13‑1402.

18.  A third or subsequent violation of public sexual indecency pursuant to section 13‑1403.

19.  A violation of section 13‑3822 or 13‑3824.

B.  Before the person is released from confinement the state department of corrections in conjunction with the department of public safety and each county sheriff shall complete the registration of any person who was convicted of a violation of any offense listed under subsection A of this section.† Within three days after the person's release from confinement, the state department of corrections shall forward the registered person's records to the department of public safety and to the sheriff of the county in which the registered person intends to reside.† Registration pursuant to this subsection shall be consistent with subsection E of this section.

C.  Notwithstanding subsection A of this section, the judge who sentences a defendant for any violation of chapter 14 or 35.1 of this title or for an offense for which there was a finding of sexual motivation pursuant to section 13‑118 may require the person who committed the offense to register pursuant to this section.

D.  The court may require a person who has been adjudicated delinquent for an act that would constitute an offense specified in subsection A or C of this section to register pursuant to this section.† Any duty to register under this subsection shall terminate when the person reaches twenty‑five years of age.

E.  A person who has been convicted of or adjudicated delinquent and who is required to register in the convicting state for an act that would constitute an offense specified in subsection A or C of this section and who is not a resident of this state shall be required to register pursuant to this section if the person is either:

1.  Employed full‑time or part‑time in this state, with or without compensation, for more than fourteen consecutive days or for an aggregate period of more than thirty days in a calendar year.

2.  Enrolled as a full‑time or part‑time student in any school in this state for more than fourteen consecutive days or for an aggregate period of more than thirty days in a calendar year.† For the purposes of this paragraph, "school" means an educational institution of any description, public or private, wherever located in this state.

F.   Any duty to register under subsection D or E of this section for a juvenile adjudication terminates when the person reaches twenty‑five years of age.

G.  The court may order the termination of any duty to register under this section on successful completion of probation if the person was under eighteen years of age when the offense for which the person was convicted was committed.

H.  At the time of registering, the person shall sign or affix an electronic fingerprint to a statement giving such information as required by the director of the department of public safety, including all names by which the person is known, any required online identifier and the name of any website or internet communication service where the identifier is being used. The sheriff shall fingerprint and photograph the person and within three days thereafter shall send copies of the statement, fingerprints and photographs to the department of public safety and the chief of police, if any, of the place where the person resides.† The information that is required by this subsection shall include the physical location of the person's residence and the person's address.  If the person has a place of residence that is different from the person's address, the person shall provide the person's address, the physical location of the person's residence and the name of the owner of the residence if the residence is privately owned and not offered for rent or lease.† If the person receives mail at a post office box, the person shall provide the location and number of the post office box. If the person does not have an address or a permanent place of residence, the person shall provide a description and physical location of any temporary residence and shall register as a transient not less than every ninety days with the sheriff in whose jurisdiction the transient is physically present.

I.  On the person's initial registration and every year after the person's initial registration, the person shall confirm any required online identifier and the name of any website or internet communication service where the identifier is being used.  The person shall obtain a new nonoperating identification license or a driver license from the motor vehicle division in the department of transportation and shall carry a valid nonoperating identification license or a driver license.† Notwithstanding sections 28‑3165 and 28‑3171, the license is valid for one year from the date of issuance, and the person shall submit to the department of transportation proof of the person's address and place of residence.† The motor vehicle division shall annually update the person's address and photograph and shall make a copy of the photograph available to the department of public safety or to any law enforcement agency. The motor vehicle division shall provide to the department of public safety daily address updates for persons required to register pursuant to this section.

J.  Except as provided in subsection E or K of this section, the clerk of the superior court in the county in which a person has been convicted of a violation of any offense listed under subsection A of this section or has been ordered to register pursuant to subsection C or D of this section shall notify the sheriff in that county of the conviction within ten days after entry of the judgment.

K.  Within ten days after entry of judgment, a court not of record shall notify the arresting law enforcement agency of an offender's conviction of a violation of section 13‑1402.† Within ten days after receiving this information, the law enforcement agency shall determine if the offender is required to register pursuant to this section.† If the law enforcement agency determines that the offender is required to register, the law enforcement agency shall provide the information required by section 13‑3825 to the department of public safety and shall make community notification as required by law.

L.  A person who is required to register pursuant to this section because of a conviction for the unlawful imprisonment of a minor or the kidnapping of a minor is required to register, absent additional or subsequent convictions, for a period of ten years from the date that the person is released from prison, jail, probation, community supervision or parole and the person has fulfilled all restitution obligations. Notwithstanding this subsection, a person who has a prior conviction for an offense for which registration is required pursuant to this section is required to register for life.

M.  A person who is required to register pursuant to this section and who is a student at a public or private institution of postsecondary education or who is employed, with or without compensation, at a public or private institution of postsecondary education or who carries on a vocation at a public or private institution of postsecondary education shall notify the county sheriff having jurisdiction of the institution of postsecondary education.† The person required to register pursuant to this section shall also notify the sheriff of each change in enrollment or employment status at the institution.

N.  At the time of registering, the sheriff shall secure a sufficient sample of blood or other bodily substances for deoxyribonucleic acid testing and extraction from a person who has been convicted of an offense committed in another jurisdiction that if committed in this state would be a violation or attempted violation of any of the offenses listed in subsection A of this section or an offense that was in effect before September 1, 1978 and that, if committed on or after September 1, 1978, has the same elements of an offense listed in subsection A of this section or who is required to register by the convicting jurisdiction.† The sheriff shall transmit the sample to the department of public safety.

O.  Any person required to register under subsection A of this section shall register their required online identifier and the name of any website or internet communication service where the identifier is being used or intends to use the identifier with the sheriff from and after December 31, 2007, regardless of whether the person was required to register an identifier at the time of their initial registration under this section.

O.  P.  For the purposes of this section:

1.  "Address" means the location at which the person receives mail.

2.  "Required online identifier" means any electronic email address information or instant message, chat, social networking or other similar internet communication† name, but does not include social security number, date of birth, or pin number.

2.  3.  "Residence" means the person's dwelling place, whether permanent or temporary. END_STATUTE

Sec. 2.  Section 13-3822, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3822.  Notice of moving from place of residence or change of name or electronic information; forwarding of information; definitions

A.  Within seventy‑two hours, excluding weekends and legal holidays, after moving from the person's residence within a county or after changing the person's name, a person who is required to register under this article shall inform the sheriff in person and in writing of the person's new residence, address or new name.† If the person moves to a location that is not a residence and the person receives mail anywhere, including a post office box, the person shall notify the sheriff of the person's address.† If the person does not have an address or a permanent place of residence, the person shall register as a transient not less than every ninety days with the sheriff in whose jurisdiction the transient is physically present.† Within three days after receipt of such information, the sheriff shall forward it to the department of public safety and the chief of police, if any, of the place from which the person moves, and shall forward a copy of the statement, fingerprints and photograph of the person to the chief of police, if any, of the place to which the person has moved.

B.  Within seventy‑two hours after a person moves from a county in which the person is registered, the person shall notify in writing the sheriff of the county from which the person moves.† If the person is subject to community notification requirements, the sheriff of the county from which the person moves shall advise the local law enforcement agency of the county to which the person moves of the move.† If the person moves out of this state, the sheriff of the county from which the person moves shall advise the local law enforcement agency in the jurisdiction to which the person moves. The local law enforcement agency shall contact the department of public safety following ten days after being notified to determine if the person has reregistered.† If the person has not reregistered, the local law enforcement agency shall notify the local law enforcement agency in the county in which the person last resided.  Any law enforcement agency in the county in which the person last resided shall conduct an investigation and shall submit a report to the appropriate county attorney.

C.  A person who is required to register pursuant to this article shall notify the sheriff either in person or electronically within seventy-two hours, excluding weekends and legal holidays, after a person makes any change to any required online identifier, and before any use of a changed or new required online identifier to communicate on the internet.† Within three days after receipt of the information, the sheriff shall forward the information to the department of public safety.† Within three days after receipt of the information from the sheriff, the department of public safety shall update the person's information in the department of public safety database.

C.  D.  For the purposes of this section:

1.  "Address" means the location at which the person receives mail.

2.  "Required online identifier" means any electronic email address information or instant message, chat, social networking or other similar internet communication† name, but does not include social security number, date of birth, or pin number.

2.  3.  "Residence" means the personís dwelling place, whether permanent or temporary. END_STATUTE

Sec. 3.  Section 13-3827, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3827.  Internet sex offender website; investigation of records; immunity

A.  The department of public safety shall establish and maintain an internet sex offender web site website for offenders whose risk assessment has been determined to be a level two or level three.  The purpose of the internet sex offender web site website is to provide sex offender information to the public.

B.  The internet sex offender web site website shall include the following information for each convicted sex offender in this state who is required to register pursuant to section 13‑3821:

1.  The offender's name, address and age.

2.  A current photograph.

3.  The offense committed and notification level pursuant to section 13‑3826, subsection E, if a risk assessment has been completed pursuant to section 13‑3825.

C.  The department of public safety shall annually update on the web site website the name, address and photograph of each sex offender.

D.  The department of public safety shall maintain a separate database and search function on the website that contains any required online identifier of sex offenders whose risk assessments have been determined to be a level two or level three and the name of any website or internet communication service where the required online identifier is being used.† This information shall not be publicly connected to the name, address and photograph of a registered sex offender on the website.

E.  The department of public safety may disseminate a registered sex offender's required online identifier and the name of any corresponding website or internet communication service to a business or organization that offers electronic communication services for comparison with information that is held by the requesting business or organization.† The requesting business or organization shall notify the department of public safety when a comparison of the information indicates that a registered sex offender's required online identifier is being used on the business's or organization's system.  The requesting business or organization shall not further disseminate that the person is a registered sex offender.

D.  F.  The motor vehicle division of the department of transportation shall send copies of each sex offender's nonoperating identification license or driver license photograph to the department of public safety for inclusion on the sex offender web site website.

E.  G.  The department of public safety shall annually verify the addresses of all sex offender registration records contained within the Arizona criminal justice information system.  Before including the address of a sex offender on the web site website, the department of public safety shall confirm that the address is correct.  To confirm a sex offender's address, the department shall conduct a search of the Arizona criminal justice information system.  If this search does not provide the necessary confirmation, the department shall use alternative public and private sector resources that are currently used for criminal investigation purposes to confirm the address.  The department of public safety is prohibited from using or releasing the information from the alternative public and private sector resources except pursuant to this section.  A custodian or public or private sector resource that releases information pursuant to this subsection is not civilly or criminally liable in any action alleging a violation of confidentiality.

F.  H.  The department of public safety may petition the superior court for enforcement of subsection G of this section if a public or private sector resource refuses to comply.  The court shall grant enforcement if the department has reasonable grounds to believe the records sought to be inspected are relevant to confirming the identity and address of a sex offender.

G.  I.  A person who provides or fails to provide information required by this section is not civilly or criminally liable unless the act or omission is wanton or wilful.

J.  For the purpose of this section "required online identifier" means any electronic email address information or instant message, chat, social networking or other similar internet communication name, but does not include social security number, date of birth, or pin number. END_STATUTE

Sec. 4.  Effective date

Sections 13-3821, 13-3822, and 13-3827, Arizona Revised Statutes, as amended by this act, are effective from and after December 31, 2007.

Sec. 5.  Implementation

The department of public safety shall begin collection of online identifier information no later than ninety days after this act has been enacted.† Penalties will not be imposed until January 1, 2008, but sex offender registrants are encouraged to submit current online identity information before this date.


 

 

 

 

APPROVED BY THE GOVERNOR APRIL 16, 2007.

 

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 16, 2007.