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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: JUDE DP 4-2-1-0 | Third Read 18-8-4-0-0 |
SB 1709: dangerous crimes; children; probation revocation
Sponsor: Senator Shamp, LD 29
Committee on Judiciary
Overview
Enhances probation revocation requirements for adult defendants convicted of a dangerous crime against children (DCAC) by making rearrest, probation revocation and consecutive imprisonment mandatory, rather than discretionary, after a new offense or probation violation.
History
Under current law, if a defendant is eligible for probation, the court may suspend the imposition or execution of sentence and place the defendant on intensive, supervised or unsupervised probation. If a probationer commits an additional offense or violates a condition of probation, the court may issue a warrant for the defendant’s rearrest, may modify or add probation conditions and may revoke probation. If probation is revoked while the defendant is serving more than one probationary term concurrently, the court may impose consecutive prison terms (A.R.S. § 13-901).
A DCAC is an enumerated offense committed against a minor who is under 15 years of age. The listed offenses include, among others, second degree murder, sexual assault, molestation of a child, sexual conduct with a minor, commercial sexual exploitation of a minor, sexual exploitation of a minor, specified child abuse, kidnapping, luring a minor for sexual exploitation and sexual extortion. A completed offense is a DCAC in the first degree and a preparatory offense is in the second degree (A.R.S. § 13-705).
Provisions
1. Requires, notwithstanding any other law, the court to issue a warrant for the rearrest of a defendant who is at least 18 years of age, who has been convicted of a DCAC and who commits an additional offense or violates a condition of probation. (Sec. 1)
2. Mandates that the court must revoke that defendant’s probation in accordance with the Arizona Rules of Criminal Procedure at any time before the probation period expires or terminates. (Sec. 1)
3. Requires the court, if probation is revoked and the defendant is serving more than one probationary term concurrently, to impose the resulting terms of imprisonment consecutively. (Sec. 1)
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Initials NM SB 1709
3/19/2026 Page 0 Judiciary
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