Assigned to JUD FOR
COMMITTEE
Assigned to JUD FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
residency restrictions; sex offenders; victims
Purpose
Prohibits certain sex offenders from knowingly establishing residency within 1,000 feet of where the person's former victim or victim's immediate family resides.
Background
Statute specifies 22 criminal offenses as dangerous crimes against children if the offense is committed against a minor who is under the age of 15 (A.R.S. § 13-705). Further, statute lists 21 offenses that require a person to register as a sex offender (A.R.S. § 13-3821). Law enforcement assigns sex offenders a risk level based on an assessment of the offender's risk to recidivate. Risk levels are classified as level 1, level 2 or level 3, with level 3 being the highest risk level.
Statute prescribes certain restrictions on where a person convicted of a dangerous crime against children and who is also a level 3 sex offender may reside. Such offenders are prohibited from living within 1,000 feet of a school or child care facility (A.R.S. § 13-3727).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a person who has been convicted of a dangerous crime against children and who is required to register as a sex offender from knowingly establishing residency within 1,000 feet of where the person's former victim or any member of the victim's immediate family resides.
2. Excludes offenders from the proposed residency prohibition if the victim or a member of the victim's immediate family who resides on the real property consents in writing to the person establishing the residence.
3. Excludes offenders who are required to register for failing to meet registration guidelines as a sex offender or failing to provide notice of an address or name change within 72-hours from the proposed residency prohibition.
4. Classifies the first violation of the new residency restriction as a class 1 misdemeanor and any subsequent violations as a class 6 felony.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date.
Prepared by Senate Research
January 16, 2018
JA/lat