ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature First Regular Session
	Senate: JUD DP 4-3-0-0 | 3^rd Read DPA 16-14-0-0-0

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SB 1583: internet sex offender website; offenses

Sponsor: Senator Kerr, LD 25

Committee on Judiciary

Overview

Replaces victim age thresholds in statute requiring the Department of Public Safety (DPS) to include on the internet sex offender website (Website) persons who were sentenced for a specified offenses with a requirement that the offense was sentenced as a dangerous crime against children (DCAC).

History

DCACs are a category of criminal offenses that may be treated differently when they involve a defendant who is at least 18 years old (or tried as an adult) and a victim who is below 15 years old (or an unborn child). Statute specifies numerous offenses that may be punishable as a DCAC, meaning that they can be subject to increased prison sentences and special provisions regarding the defendant's eligibility for probation or early release (A.R.S. § 13-705).

Statute requires DPS to maintain the Website and include on the Website any offender whose risk assessment has been determined to be a level two or three and any offender convicted of outlined offenses, such as sexual abuse or molestation of a child, provided that the victim was under the age of 12. Information required on the Website includes the offender's name, address, age, a current photograph, the offense committed and the notification level assigned to the offender. Additionally, DPS must annually update all information on the Website for each sex offender (A.R.S. 13-3827).

Provisions

1. Requires DPS to include on the Website any person convicted or adjudicated guilty except insane for any of the following offenses, whether preparatory or completed, that were committed while the person was 18 years of age or older and sentenced as a DCAC:

a) Sexual abuse pursuant to A.R.S. § 13-1404;

b) Molestation of a child pursuant to A.R.S. § 13-1410;

c) Sexual conduct with a minor pursuant to A.R.S. § 13-1405;

d) Child sex trafficking committed on or after August 9, 2017, pursuant to A.R.S. § 13-3212;

e) Taking a child for the purpose of prostitution pursuant to A.R.S. § 13-3206;

f) Luring a minor for sexual exploitation pursuant to A.R.S. § 13-3554;

g) Aggravated luring a minor for sexual exploitation pursuant to A.R.S. § 13-3560; and

h) Continuous sexual abuse of a child pursuant to A.R.S. § 13-1417. (Sec. 1)

2. States that the above amendments apply to a person who is convicted of or adjudicated guilty except insane for an applicable offense that was committed before, on or after the general effective date. (Sec. 2)

3. Specifies that the DPS is not required to update the Website with the information for a sex offender who was convicted any of the outlined offenses before the general effective date until January 1, 2024. (Sec. 2)

4. Makes conforming changes. (Sec. 1)

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8.                   SB 1583

9. Initials GC/JL        Page 0 Judiciary

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