ARIZONA STATE SENATE
Forty-eighth Legislature, First Regular Session
FINAL AMENDED
FACT SHEET FOR S.B. 1555
residency restrictions; schools; child care
Purpose
Restricts level 3 sex offenders from residing within 1,000 feet of a school or child care facility.
Pursuant to A.R.S. § 13-604.01, a dangerous crime against children (DCAC) includes, but is not limited to, the following, if committed against a minor who is under 15 years of age: a) second degree murder; b) sexual assault; c) sexual conduct with a minor; d) kidnapping; e) attempted first degree murder; f) child prostitution; g) involving or using minors in drug offenses; and h) sex trafficking.
Statute requires persons convicted of any of 19 different offenses to register as sex offenders. Pursuant to A.R.S. § 13-3825, the local law enforcement agency is required to evaluate registered sex offenders who have been placed on probation and place each offender into a community notification level. The Department of Public Safety categorizes the highest risk level as level 3.
Statute defines a school as any public institution established for the purposes of offering instruction to pupils in programs for preschool children with disabilities, kindergarten programs or any combination of grades 1 through 12 (A.R.S. § 15-101). Statute defines a child care facility as any facility in which child care is regularly provided for compensation for five or more children not related to the proprietor (A.R.S. § 36-881).
There is no fiscal impact to the state General Fund associated with this legislation.
1. Prohibits a person convicted of a DCAC, who is required to register and is classified as a level 3 sex offender, from residing within 1,000 feet of the real property of:
a) a private or public school that provides instruction in kindergarten, any combination of kindergarten and grades 1 through 8 and any combination of grades 9 through 12; and
b) child care facilities.
2. Exempts from the residency restrictions a person who:
a) establishes residency before the restrictions are enacted or before a new school or child care facility is located;
b) is a minor;
c) is currently serving probation;
d) has had the person’s civil rights restored; or
e) has not been convicted of a subsequent offense in the previous ten years, excluding any time the person was incarcerated.
3. Prohibits a county, city or town from enacting an ordinance that creates distance restrictions greater than 1,000 feet.
4. Specifies that a person who violates the residency restrictions is guilty of a class 1 misdemeanor.
5. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Changes terms describing schools.
2. Removes exemptions to residency restrictions.
Amendments Adopted by House of Representatives
1. Lowers the distance of the residency restrictions.
2. Narrows the category of offenders who are subject to the residency restrictions.
3. Stipulates the types of schools included in restricted areas.
4. Adds exemptions to the residency restrictions.
5. Prohibits the enactment of any stricter ordinances.
Amendments Adopted by Conference Committee
· Raises the distance of the residency restrictions.
Senate Action House Action
JUD 2/12/07 DPA 5-0-2-0 HS 3/15/07 DPA 7-0-0-3
3rd Read 2/22/07 27-2-1-0 3rd Read 4/3/07 55-0-5-0
Final Read 5/3/07 27-0-3-0 Final Read 5/8/07 54-2-4-0
Signed by the Governor 5/14/07
Chapter 212
Prepared by Senate Research
May 22, 2007
CEW/HO/jas