ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

Senate: JUD DPA 7-1-0-0 | 3rd Read 30-0-0-0


SB 1660: crimes against children; dependencies; omnibus

Sponsor:  Senator Boyer, LD 20

Committee on Judiciary

Overview

Makes changes relating to crimes against children, reporting requirements and modifies who is in a position of trust to a minor.

History

The criminal offenses of sexual abuse and sexual conduct with a minor treat the defendant uniquely in certain circumstances when that person is in a position of trust to the victim (A.R.S. §§ 13-1404 and 13-1405). Position of trust means a person who is or was: 1) the minor's parent, stepparent, adoptive parent, legal guardian or foster parent; 2) the minor's teacher; 3) the minor's coach or instructor; 4) the minor's clergyman or priest; or 5) engaged in a sexual or romantic relationship with the minor's parent, adoptive parent, legal guardian, foster parent or stepparent (A.R.S. § 13-1401).

Unless an exception exists, the statute of limitations to bring a criminal prosecution for a class 2 felony through a class 6 felony is seven years (A.R.S. § 13-107). Statute outlines various ways that a person commits child sex trafficking. Punishment for child sex trafficking ranges from a class 2 felony to a class 6 felony (A.R.S. § 13-3212).

Provisions

1.   ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteStates the orders of the juvenile court take precedence over any order of any other court, in certain circumstances, except in the following instances:

a)   An order entered in the criminal court concerning an ongoing case governing a criminal defendant's ability to contact the victim, the victim's family or other minor children, if the criminal court makes a finding that contact with other minor children would pose a risk of harm to those children. (Sec. 1)

2.   Requires the Department of Child Safety (DCS) to ensure a child who is eight years of age or older receives materials and resources about sexual abuse, child sex trafficking and exploitation within 30 days of placement in out-of-home care. (Sec. 2)

3.   Outlines requirements and guidelines for the materials and resources about sexual abuse, child sex trafficking and exploitation. (Sec. 2)

4.   Requires the clerk of the court to compile an annual report on the number of civil actions filed regarding allegations of sexual conduct or contact committed against a minor. (Sec. 3)

5.   Requires the clerk of the court to submit the report to the Governor, Legislature and Secretary of State. (Sec. 3)

6.   Removes the statute of limitations for child sex trafficking. (Sec. 4)

7.   Expands the definition of position of trust. (Sec. 5)

8.   Defines group home. (Sec. 5)

9.   Permits the court to prohibit the direct questioning by a pro se defendant of a minor victim in certain prosecutions involving a minor victim if the court determines that direct questioning by the defendant would prevent the minor victim from being able to reasonably communicate. (Sec. 6)

10.  Requires the State Board of Education (SBE) to establish best practices for social media and telephone contact between student students and school personnel. (Sec. 7)

11.  Requires SBE to make these best practices available to public and private schools and encourage school district governing bodies to adopt these policies. (Sec. 7)

12.  Requires the Arizona Prosecuting Attorneys' Advisory Council to develop a statewide training curriculum on mandatory reporting laws for public school personnel. (Sec. 8)

13.  Mandates each public school must require its personnel to complete the training. (Sec. 8)

14.   Requires the Arizona Department of Education (ADE) to provide resources and materials that schools may use for providing information on mandatory reporting laws to parents and students. (Sec. 8)

15.  Requires ADE to make the training curriculum and materials available to public and private schools. (Sec. 8)

16.  Specifies that private schools are not required to offer the mandatory reporting laws training to its personnel. (Sec. 8)

17.  Makes technical and conforming changes. (Sec. 1, 4, 5)

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21.                    SB 1660

22.  Initials LC  Page 0 Judiciary

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