ARIZONA STATE SENATE
Forty-eighth Legislature, First Regular Session
FACT SHEET FOR H.B. 2734
sex offenders; registration; electronic identity
Purpose
Requires persons registered as sex offenders to also register identifying information used by the person online and requires the Department of Public Safety (DPS) to maintain a database of registered sex offenders’ email addresses and other online identification.
Background
Statute requires persons convicted of any of 19 different offenses to register as sex offenders. These offenses include: a) sexual conduct with a minor; b) sexual assault; c) molestation of a child; d) child prostitution; and e) sexual exploitation of a minor (A.R.S. § 13-3821). The Arizona Department of Corrections (ADC) is required to forward a registered person’s records to DPS and the county sheriff within three days after the person’s release from confinement. The required records include: a) a statement signed or fingerprinted by the registered sex offender; b) all names by which the person is known; c) the person’s fingerprints; d) the person’s photograph; e) the physical location and address of the person’s residence; and f) the location and number of the person’s post office box, if applicable. Pursuant to A.R.S. § 13-3824, a sex offender who fails to comply with these requirements is guilty of a class 4 felony.
Pursuant to A.R.S. § 13-3825, the local law enforcement agency is required to evaluate registered sex offenders who have been released on probation and place each offender into a community notification level. DPS categorizes the highest two risk levels as level two and level three. Statute requires DPS to maintain a website containing information on level two or three registered sex offenders, in order to provide this information to the public. The website must include: a) the offender’s name, age and address; b) a current photograph; and c) the offense committed and the person’s risk level, if assessed (A.R.S. § 13-3827). Statute requires DPS to update the website annually with current information on registered sex offenders.
DPS estimates that the fiscal impact associated with this legislation will be approximately $73,078.
Provisions
1. Defines “required online identifier” as any email address or any instant message, chat, social networking or other Internet communication name but does not include a social security number, date of birth or pin numbers.
2. Requires a person at the time of registering and a person who is already registered as a sex offender to provide any required online identifier and the name of any website or other Internet service where the identifier is used.
3. Requires the registered sex offender to confirm any online identifier and the name of any website or Internet service where the identifier is used upon initial registration and each year thereafter.
4. Requires registered sex offenders to notify the county sheriff in person or electronically within 72 hours, excluding weekends and legal holidays, after changing any required online identifier and before using a changed or new identifier online.
5. Requires the sheriff to forward the new or changed identifier to DPS within three days after receipt.
6. Requires DPS to update the person’s information in the database within three days of receiving the information from the sheriff.
7. Requires DPS to maintain a separate database and search function for persons who are registered as level 2 or 3 sex offenders.
8. Prohibits the level 2 or 3 sex offender information from being electronically connected to the individual identities of the registered sex offenders.
9. Permits DPS to share the required online identifiers of registered sex offenders and corresponding website or Internet communication service with a business or organization that provides electronic communication services for comparison with information that the business or organization holds.
10. Requires the requesting business or organization to notify DPS if a registered sex offender’s online identifier is being used on the system of the business or organization.
11. Prohibits the business or organization from otherwise publicizing the information that the person is a registered sex offender.
12. Requires DPS to begin collecting online identifier information of registered sex offenders no later than 90 days after the enactment of this act.
13. Specifies that penalties will not be imposed until December 31, 2007.
14. Makes technical and conforming changes.
15. Becomes effective on January 1, 2008.
House Action
NRPS 2/14/07 DP 9-0-0-1
3rd Read 2/26/07 59-0-1-0
Prepared by Senate Research
March 15, 2007
CEW/HO/jas