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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
AMENDED
statement of contest; technical correction
(NOW: sex offender registration; requirements)
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, the 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 the person 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 county sheriff.
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, state of registration and license plate number of a motor vehicle that is owned or regularly operated by the person.
2. Requires a person registered as a sex offender to notify the sheriff either in person or electronically within 72 hours, excluding weekends and legal holidays, after the person makes any change in the make, model, color or license plate of any motor vehicle that the person owns or regularly operates.
3. Requires a person required to register as a sex offender to register within 72 hours, excluding weekends and legal holidays, rather than within 10 days, with the county sheriff after:
a) a conviction or adjudication; or
b) entering and remaining for at least 72 hours in any Arizona county.
4. Conditions the termination of a person's duty to register as a sex offender at 25 years old on the person providing advance written notice to the county sheriff.
5. Requires a person registering or registered as a sex offender to indicate whether the person's residence is permanent or temporary.
6. Requires a person registering as a sex offender to provide the location and number of any place the person receives mail, rather than only a post office box.
7. Requires a person registering as a sex offender to verify the person's residence, in addition to the person's address, on request from the Department of Public Safety.
8. Increases, from every 90 days to every 45 days, the frequency at which a sex offender must register as a transient if the sex offender does not have an address or a permanent place of residence.
9. Requires a sex offender transitioning from a permanent residence to a temporary residence or transient status to notify the sheriff in person and in writing within 72 hours, excluding weekends and legal holidays, of the change.
10. Requires a person to confirm with the sheriff both in person and in writing all required information on the person's initial registration as a sex offender and every year after during the month of the person's birthdate.
11. Requires a sex offender moving to a different residence to inform the sheriff in person and in writing of the person's new residences and whether the residence or residences are temporary or permanent within 72 hours of moving.
12. Modifies the definition of address to include all locations, rather than only one location, at which a person receives mail.
13. Specifies that a residence includes the geographical areas of the county where the person spends the night if the person is transient and does not spend at least three nights in any location or place within 30 days.
14. Defines transient as a person who does not have a single and permanent dwelling place.
15. Makes technical and conforming changes.
16. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Adopted the strike-everything amendment.
Senate Action
JUD 2/18/21 DPA/SE 5-3-0
Prepared by Senate Research
February 26, 2021
JA/RC/kja