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ARIZONA STATE SENATE

Fifty-Sixth Legislature, Second Regular Session

 

FACT SHEET FOR s.b. 1404

 

sex offender registration; school notification

Purpose

Requires a person who must be registered as a sex offender and who has legal custody of a child in school to notify the county sheriff of the child's enrollment status. Requires level one sex offenders who have been convicted of a DCAC to be included in community notification.

Background

A person who has been convicted of or adjudicated guilty except insane for specified sexual offenses must register as a sex offender with the sheriff of the applicable county. At the time of registering, the person must sign and affix an electronic fingerprint to a statement giving required information, including: 1) all names by which the person is known; 2) any required online identifier; 3) the name of any website or internet communication service where the identifier is being used; and 4) the make, model, year, color, vehicle identification number, state of registration and license plate number of any motor vehicle the person owns, possess or regularly operates (A.R.S. § 13-3821).

Within 72 hours after moving to or from a person's residence to a different county, or after changing the person's name or address, persons required to register must inform the sheriff in person and in writing, of the person's new residences, whether the residence is temporary or permanent, and the person's address or new name. If the person is subject to community notification, the sheriff of the county from which the person moves must advise local law enforcement of the new jurisdiction. Persons required to register must also notify the sheriff of any change to the person's online identifiers or their vehicle (A.R.S. § 13-3822).

When a person who is required to register on the sex offender registry is released from confinement, the agency that had custody of the person must enter the person's identifying information into the notification database within 72 hours of the person's release. Community notification requirements for level two and three sex-offenders require the notification to be disseminated in a nonelectronic format to the surrounding neighborhood, area schools, appropriate community groups and prospective employers as well as be given to the local electronic and print media. Local law enforcement agencies responsible for notification maintain information on level one offenders and may disseminate it to other law enforcement agencies or parties who live with the offender (A.R.S. § 13-3825).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.


Provisions

1.   Requires a person who must be registered as a sex offender and who has legal custody of a child enrolled in school to provide the child's name and enrollment status at the time of registering with the county sheriff.

2.   Requires a person who must be registered as a sex offender, and who has legal custody of a child who is enrolled in school, to notify the sheriff in person or electronically within 72 hours, excluding weekends and holidays, after the person makes any changes to the enrollment status of the person's child at the child's school.

3.   Requires level one sex offenders who have been convicted of a DCAC to be included in community notification that is disseminated to surrounding schools, area schools and the school the offender's child attends, if applicable.

4.   Defines legal custody and school.

5.   Makes technical and conforming changes.

6.   Becomes effective on the general effective date.

Prepared by Senate Research

February 5, 2024

ZD/cs