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REFERENCE TITLE: sex offender registration; termination |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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HB 2309 |
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Introduced by Representative Bowers
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AN ACT
amending section 13‑3826, Arizona Revised Statutes; relating to the registration of sex offenders.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-3826, Arizona Revised Statutes, is amended to read:
13-3826. Petition to terminate sex offender registration; hearing; notice
A. A defendant who is convicted of a violation of section 13‑1405, who is ordered or required to register pursuant to section 13‑3821 and who successfully completes a term of probation may petition the court for an order to terminate any duty to register and shall serve a copy of the petition on the prosecutor. In the petition, the defendant shall avow, under penalty of perjury, all of the following:
1. The defendant was under twenty‑two years of age at the time the offense was committed.
2. The victim was fifteen, sixteen or seventeen years of age at the time of the offense or was a peace officer posing as a fifteen, sixteen or seventeen year old.
3. The sexual conduct was consensual did not involve the use of threats or force.
4. The defendant did not violate any of the sex offender terms of the defendant's probation.
5. The defendant has not subsequently committed another felony offense or any offense included in chapter 14 or 35.1 of this title.
6. A court has not determined that probable cause exists to believe the defendant is a sexually violent person pursuant to title 36, chapter 37 or that a sexually violent person proceeding pursuant to title 36, chapter 37 is not currently pending.
7. The violation did not involve more than one victim.
8. The defendant was not sentenced to a term of imprisonment in the state department of corrections for the offense for which the defendant was required to register.
9. The defendant was not convicted of a violation or attempted violation of section 13‑1406, 13‑1410, 13‑1417, 13‑3206, 13‑3212, 13‑3552, 13‑3553 or 13‑3560.
B. On receipt of the petition, the court shall set a hearing and provide sufficient notice to the state to allow victim notification. The state has the burden of establishing by a preponderance of the evidence that a factor listed in subsection A of this section has not been met. At the hearing, any party may introduce any reliable and relevant evidence, including hearsay evidence. Before ruling on the petition, the court must provide all parties, including the victim, with the opportunity to be heard.
C. The court shall deny the petition if the court finds that any factor listed in subsection A of this section is not met.
D. Notwithstanding subsection C of this section, the court may deny a petition if the court finds that a denial is in the best interests of justice or tends to ensure the safety of the public.