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REFERENCE TITLE: early termination; sex offender registration |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 2767 |
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Introduced by Representative Powell
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AN ACT
AMENDING title 13, chapter 38, article 3, ARIZONA REVISED STATUTES, by adding section 13-3826.01; RELATING TO SEX OFFENDER REGISTRATION.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 38, article 3, Arizona Revised Statutes, is amended by adding section 13-3826.01, to read:
13-3826.01. Petition to terminate sex offender registration after registering for a specific number of years; hearing; notice
A. Unless the duty to register is terminated earlier pursuant to section 13-3821, subsection G or H or section 13-3826, a defendant who is ordered or required to register pursuant to section 13-3821 for an offense committed in this state or ANOTHER state and in violation of this title and who has been registered as a sex offender for at least ten years for an offense committed as an adult or for at least five years for an offense committed when the defendant was under eighteen years of age may petition the court for an order to terminate any duty to register.
B. On receipt of the petition, the court shall set a hearing and provide sufficient notice to the state to allow victim notification. At the hearing, the petitioner may be represented by an attorney, and the petitioner and the state may call witnesses and introduce any reliable and relevant evidence. The petitioner has the burden of establishing by a preponderance of the evidence, under penalty of perjury, all of the following:
1. The petitioner has not subsequently committed another offense in violation of chapter 14 or 35.1 of this title since the date on which the petitioner was sentenced for the offense for which the petitioner was required to register.
2. The petitioner is not likely to commit another offense in violation of chapter 14 or 35.1 of this title.
3. The petitioner is not a danger to the safety of others.
C. Before ruling on the petition, the court shall provide all parties, including the victim, with the opportunity to be heard. When ruling on the petition, if the petition is denied, The court shall state on the record the specific reasons for the court’s decision.
D. If the petition if denied, within thirty calendar days after the court's decision, the petitioner may file a petition for special action with the court of appeals. The special action shall be governed by the Rules of civil Procedure relating to Special Actions, except that the court of appeals shall exercise jurisdiction and decide the merits of the claims raised.