ARIZONA HOUSE OF REPRESENTATIVES

SB 1041: residency restrictions; sex offenders; victims

PRIME SPONSOR: Senator Kavanagh, LD 23

BILL STATUS: Judiciary & Public Safety

Abstract

Relating to residency restrictions for specific sex offenders.

Provisions

1. Prohibits a person convicted of a DCAC who is required to register as a sex offender from residing or establishing a residence within 1,000 feet of where the person's former victim lives. (Sec 1)

2. Provides the following exceptions:

a. A person convicted of an offense related to sex offender registration requirements.

b. If the victim consents to the person establishing residence. (Sec 1)

3. Provides a defense if the person:

a. Established the residence without knowledge that the victim lived within 1,000 feet, and

b. The person moved within 30 days of learning that the victim lived there. (Sec 1)

4. Makes a violation a Class 1 misdemeanor (up to 6 months/up to $2,500 plus surcharges).  A second/subsequent violation is a Class 6 felony (1 year; up to $150,000 plus surcharges). (Sec 1)

Current Law

A.R.S. Title 13, Chapter 38, Article 3 governs sex offender registration. A.R.S. § 13-3821 outlines who must register as a sex offender and prescribes requirements for registration. Sex offender registration is a lifetime duty in Arizona, except in specific situations. Prior to release from ADC, an offender’s registration must be completed. Within three days of being released from custody, the offender’s registration information must be forwarded to ADPS and the county sheriff where the offender will reside. The offender has the duty to report to the sheriff within 72 hours of moving, changing names or changing any online identifier used to communicate on the internet (A.R.S. § 13-3822). Offenders must obtain a new driver license or non-operating license every year, verifying address and residence with the MVD. It is a Class 4 felony (2.5 years/$150,000 plus surcharges) to fail to comply with registration requirements (A.R.S. § 13-3824); failure to obtain the annual credential is a Class 6 felony (1 year/$150,000 plus surcharges).

A.R.S. § 13-3727 prohibits a person who is convicted of a DCAC and required to register as a sex offender from living within 1,000 feet of a school or child care facility. Exceptions are provided in the statute.  The calculation is made in a straight line in all directions from the nearest point on the property line of the parcel containing the residence to the nearest point on the property line of the parcel containing a school or child care facility.  This section also prohibits a political subdivision from enacting a greater distance restriction.  A violation is a Class 1 misdemeanor.

DCAC offenses are outlined in A.R.S. § 13-705.

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Fifty-third Legislature                  SB 1041

Second Regular Session                               Version 1: Judiciary & Public Safety

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