Assigned to JUD                                                                                                  AS PASSED BY COMMITTEE

 


 

 

 


ARIZONA STATE SENATE

Fifty-Fifth Legislature, Second Regular Session

 

AMENDED

FACT SHEET FOR s.b. 1378

 

internet sex offender website; offenses

Purpose

Removes the age threshold under which a victim of various sexual offenses, whether completed or preparatory, must fall for a level one offender to be required to register on the internet sex offender website.

Background

When a person who is required to register on the sex offender registry is released from confinement, the agency that had custody of the person must enter the persons identifying information into the notification database within 72 hours of their release. Community notification requirements for level two and three sex-offenders states that the notification be disseminated in a nonelectronic format to the surrounding neighborhood, area schools, appropriate community groups and prospective employers as well as be given to the local electronic and print media. Local law enforcement agencies responsible for notification maintain information on level one offenders and may disseminate it to other law enforcement agencies or parties who live with the offender (A.R.S. § 13-3825).

The Department of Public Safety (DPS) must establish and maintain an internet sex offender website for the purpose of providing sex offender information to the public. The internet sex offender website must include any offender whose risk assessment has been determined to be a level two or level three among other outlined offenses (A.R.S. § 13-3827).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Requires, regardless of the minor's age, rather than if the victim is younger than 12 years old, the internet sex offender website to include any offender for completed or preparatory offenses who was convicted of or adjudicated guilty except insane for:

a)   sexual abuse;

b)   molestation of a child;

c)   sexual conduct with a minor;

d)   taking a child for the purpose of prostitution;

e)   luring of a minor for sexual exploitation;

f) aggravated luring a minor for sexual exploitation; and

g)   continuous sexual abuse of a child.

2.   States that the reporting requirement applies to a person who is convicted or adjudicated guilty except insane of outlined offenses that were committed before, on or after the general effective date.

3.   States that DPS, if the offender was convicted of an outlined offense before the effective date of this act, is not required to include the name and information of an offender on the internet sex offender website until January 1, 2023.

4.   Becomes effective on the general effective date.

Amendments Adopted by Committee

1.   Removes the age threshold under which a victim must fall for a level one offender to be required to register on the internet sex offender website for the outlined offenses.

2.   States that the reporting requirement applies to a person who is convicted or adjudicated guilty except insane of outlined offenses that were committed before, on or after the general effective date.

3.   States that DPS, if the offender was convicted of an outlined offense before the effective date of this act, is not required to include the name and information of an offender on the internet sex offender website until January 1, 2023.

4.   Specifies that offenders, whether they committed completed or preparatory outlined offenses, must be reported on the internet sex offender website. 

Senate Action

JUD                 2/17/22      DPA       7-0-1

Prepared by Senate Research

February 18, 2022

ZD/HW/sr