ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

Senate: JUD DP 8-0-0-0 | 3rd Read 29-0-1-0

SB 1047: board of fingerprinting; continuation

Sponsor:  Senator Livingston, LD 22

Committee on Judiciary

Overview

Continues the Board of Fingerprinting (Board) for 8 years.

History

The Board is required to determine good cause exceptions and central registry exceptions for applicants who are denied a fingerprint clearance card for having to preclude criminal offenses on the applicant's record. To be granted an exception, an applicant must demonstrate to the Board that the applicant has not been convicted of certain unappealable offenses, and that they are successfully rehabilitated and not a recidivist. When making a determination, the Board must also consider: 1) the extent of the person's criminal record; 2) the length of time since a precluding offense was committed; 3) the nature of the offense; 4) any applicable mitigating circumstances; 5) the degree to which the person participated in an offense; and 6) the extent of the person's rehabilitation (A.R.S. §§ 41-619.53; 41-619.55; and 41-619.57).

The Board is composed of six representatives, one from each of the following agencies: 1) the Arizona Supreme Court; 2) the Department of Economic Security; 3) the Department of Education; 4) the Department of Health Services; 5) the Department of Juvenile Corrections; and 6) the Department of Child Safety (A.R.S. § 41-619.52).

The Senate Transportation and Public Safety Committee of Reference met on November 10, 2020, and the House of Representatives Judiciary Committee of Reference met on January 13, 2021, to conduct a review of the Board. Both Committees of Reference recommended the Board be continued for eight years.

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteContinues, retroactive to July 1, 2021, the Board until July 1, 2029. (Sec. 2, 4)

2.   Repeals the Board on January 1, 2030. (Sec. 2)

3.   Contains a purpose statement. (Sec. 3)

4.   Makes a conforming change. (Sec. 1)

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8.                     SB 1047

9.   Initials ­LC  Page 0 Judiciary

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