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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
sex offender registration; termination
Purpose
Allows additional offenders to petition to be removed from the duty to register as a sex offender and modifies existing termination petition requirements.
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 (A.R.S.
§ 13-3821).
A defendant who is convicted of sexual conduct with a minor who is required to register as a sex offender and who successfully completes a term of probation may petition the court for an order to terminate the duty to register. A copy of the petition must be served on the prosecutor. In the petition, the defendant must avow, under penalty of perjury, that: 1) the defendant was under 22 years old at the time of the offense; 2) the victim was 15, 16 or 17 years old at the time of the offense; 3) the sexual conduct was consensual; 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 other sex offense, including sexual exploitation of children; 6) a court has not determined that probable cause exists to believe the defendant is a sexually violent person or that a proceeding to determine if the defendant is sexually violent is not currently pending; 7) the violation did not involve more than one victim; and 8) the defendant was not sentenced to a term of imprisonment in the Arizona Department of Corrections for the offense for which the defendant was required to register (A.R.S. § 13-3826).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Modifies the ability for a defendant ordered or required to register as a sex offender who successfully completes a term of probation to petition the court for an order to terminate the duty to register as follows:
a) the defendant must be at least 35 years old at the time of filing the petition;
b) the victim may have been a peace officer posing as a person who is 15, 16 or 17 years old or a fictitious minor purported to be 15, 16 or 17 years old;
c) the sexual conduct was consensual if the defendant was required to register for committing sexual conduct with a minor;
d) the defendant has not subsequently committed another felony offense, sexual offense or sexual exploitation of children offense for at least 10 years after the date of being sentenced for the offense requiring registration;
e) the defendant was not convicted of more than one offense involving more than one victim; and
f) the defendant was not convicted of a violation or attempted violation of:
i. sexual assault;
ii. child molestation;
iii. continuous sexual child abuse;
iv. violent sexual assault;
v. child prostitution;
vi. child sex trafficking; or
vii. sexual exploitation of a minor.
2. Makes technical changes.
3. Becomes effective on the general effective date.
House Action
JUD 2/10/21 DP 10-0-0-0
3rd Read 2/23/21 42-17-1
Prepared by Senate Research
March 23, 2021
JA/kja