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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
VETOED
AMENDED
internet sex offender website; offenses
Purpose
Adds that a level one sex offender who commits specified sexual offenses is required to register on the internet sex offender website if the offender was sentenced for a dangerous crime against children (DCAC).
Background
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, or any person
assessed to be a level one offender and who has been convicted of the following
offenses: 1) sexual assault; 2) sexual exploitation of a minor if the offender
is at least 21 years old and is sentenced for a dangerous crime against
children;
3) commercial sexual exploitation of a minor; 4) sexual abuse if the victim is
under 12 years old; 5) molestation of a child if the victim is under 12 years
old; 6) sexual conduct with a minor if the victim is under 12 years old; 7)
child prostitution if committed on or before August 9, 2017;
8) child sex trafficking as specified; 9) taking a child for the purpose of
prostitution if the victim is under 12 years old; 10) luring a minor for sexual
exploitation if the victim is under 12 years old; 11) aggravated luring of a
minor for sexual exploitation if the victim is under 12 years old; and
12) continuous sexual abuse of a child if the victim is under 12 years old (A.R.S.
§ 13-3827).
A DCAC is
defined as specified offenses committed against a minor who is under 15 years
old. Specified offenses include several sexual offenses, including sexual
assault, sexual exploitation of a minor and aggravated luring of a minor, as
well as other offenses such as
second-degree murder and aggravated assault (A.R.S.
§ 13-705).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a level one offender to register on the internet sex offender website if the offender was sentenced for a DCAC after committing any of the following sexual offenses:
a) sexual abuse;
b) molestation of a child;
c) sexual conduct of a minor;
d) child sex trafficking;
e) taking a child for the purpose of prostitution;
f) luring of a minor for sexual exploitation;
g) aggravated luring of a minor for sexual exploitation; and
h) continuous sexual abuse of a child.
2. Specifies that a level one sex offender must have been 18 years old or older at the time of the offense in order to be included on the internet sex offender website.
3. Requires the internet sex offender website to include offenders of any child sex trafficking offense committed on or after August 9, 2017, if the victim is under 12 years old or the offender was sentenced for a DCAC.
4. Requires offenders of listed sexual offenses to be included on the internet sex offender website, whether the offense was completed or preparatory.
5. 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.
6. 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 July 1, 2024.
7. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
· Specifies that a level one sex offender must have been 18 years old or older at the time of the offense in order to be included on the internet sex offender website.
Amendments Adopted by the House of Representatives
1. Reinserts the age threshold under which a victim of various sexual offenses must fall for a level one offender to be required to register on the internet sex offender website.
2. Adds that a level one offender is required to register on the internet sex offender website if the offender was sentenced for a DCAC.
Amendments Adopted by Conference Committee
· Extends, from January 1, 2024, to July 1, 2024, the date by which DPS must have updated the internet sex offender website to include offenders sentenced before the general effective date.
Governor's Veto Message
The Governor indicates in her veto message that state law already requires offenders that are deemed the most dangerous to be published on the DPS Sex Offender Information Website.
Senate Action House Action
JUD 2/16/23 DP 4-3-0 JUD 3/29/23 DP 5-3-0-0
3rd Read 3/7/23 16-14-0 3rd Read 5/15/23 47-11-1-0-1
Final 6/13/23 16-12-0 Final 6/13/23 31-26-3
Vetoed by the Governor 6/20/23
Prepared by Senate Research
June 26, 2023
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