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ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
AMENDED
sex offender registration; requirements; vehicles
Purpose
Expands sex offender registration requirements to include motor vehicle information and modifies existing registration requirements when an offender moves.
Background
A person is required to register as a sex offender if the person is convicted or found guilty except insane for a violation or attempted violation of enumerated sexual offenses. At the time of registering, a person must sign or affix an electronic fingerprint to a statement containing: 1) all names by which the person is known; 2) any required online identifier and the name of any website or internet communication service where the identifier is being used; 3) the physical location of the person's residence and their address; 4) if the person has a place of residence that differs from their address, the address, physical location of the person's residence and the name of the owner of the residence if the residence is privately owned and not offered for rent or lease; 5) if the person receives mail at a post office, the location and number of their post office box; and 6) if the person has more than one residence or does not have an address or permanent residence, a description and physical location of any temporary residence and must register as a transient every 90 days with the sheriff in the jurisdiction the transient is physically present (A.R.S. § 13-3821).
A person who is required to register as a sex offender must inform the sheriff in person and in writing within 72 hours after changing their name or moving from their residence within a county of the person's new residence, address or new name or the person's address if the person moves to a location that is not a residence and the person receives mail anywhere, including a post office box. If a person has more than one residence or does not have an address or permanent residence that person must register as a transient every 90 days with the sheriff in whose jurisdiction the transient is physically present.
Current statute defines address as the location at which a person receives mail and residence as a person's dwelling place, whether permanent or temporary (A.R.S. § 13-3822).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a person registering as a sex offender to provide the make, model, color, vehicle identification number and license plate number of a motor vehicle owned or regularly operated by the offender.
2. Requires a registered sex offender to notify the sheriff either in person or electronically of any change in the make, model, color or license plate of any motor vehicle that the person owns or regularly operates within 72 hours, excluding weekends and holidays, of the change.
3. Requires a person to register as a sex offender within 72 hours, rather than within 10 days, excluding weekends and legal holidays, with the sheriff of the county after:
a) a conviction or adjudication; or
b) entering and remaining for at least 72 hours in any county of Arizona.
4. Requires a person, when registering as a sex offender, to include:
a) whether the person's residence is permanent or temporary; and
b) the location of a place the person receives mail.
5. Requires a person registering a sex offender that does not have an address or permanent place of residence to register as a transient every 45 days, rather than every 90 days, with the sheriff in the jurisdiction in which the person is physically present.
6. Requires a registered sex offender to notify the sheriff in person and in writing within 72 hours, excluding weekends and legal holidays:
a) of a change from a permanent residence to a temporary residence or transient status;
b) after moving to a different county; and
c) whether their new residence or residences are temporary or permanent after moving.
7. Clarifies that the sheriff of the county who receives notice that a registered sex offender has moved is required, within three days after receipt of the notice, to forward the information to the necessary recipients, including the sheriff of the place to which the person has moved.
8. Allows a person who has been adjudicated delinquent, if the person provides advance written notice to the sheriff in the jurisdiction in which the person resides, to terminate their duty to register as a sex offender after reaching 25 years old.
9. Requires a person registering as a sex offender to confirm with the sheriff in person and in writing all required information at the initial sex offender registration and every year thereafter during the month of the person's birthdate.
10. Clarifies the definition of address to include locations, rather than location, at which a sex offender receives mail.
11. Makes technical and conforming changes.
12. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Requires a person to register as a sex offender within 72 hours, rather than within 10 days, excluding weekends and legal holidays, with the sheriff of the county after a conviction or adjudication.
2. Changes, from 30 days to 45 days, the time a transient sex offender must register with the sheriff in the jurisdiction in which the person is physically present.
3. Makes clarifying changes.
Amendments Adopted by Committee of the Whole
· Specifies that a person registering as a sex offender only has to register the vehicle that person operates if it is a vehicle that person regularly operates.
Senate Action
JUD 2/13/20 DPA 4-3-0
Prepared by Senate Research
February 25, 2020
JA/ML/kja