ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session
	Senate: MAPS DP 6-0-1-0 | 3^rd Read DPA 19-9-2-0 House: JUD DP 6-3-0-0 | 3^rd Read DP 42-17-0-0

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SB 1236: internet sex offender website; offenses

Sponsor: Senator Shamp, LD 29

Transmitted to the Governor

Overview

Modifies offender age thresholds that require the Department of Public Safety (DPS) to include offenders of specified offenses on the Internet Sex Offender Website (Website).

History

Dangerous Crimes Against Children (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 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. Specifies that any offender who was convicted of or adjudicated guilty except insane for any of the outlined offenses, whether completed or preparatory, and was 18 years of age or older at the time of the offense must be included on the Website.

2. Requires an offender to be included on the Website for any of the following offenses if either the victim is under 12 years of age or the offense is sentenced as a DCAC and the offender was 21 years of age or older at the time of the commission of the offense:

a) sexual abuse;

b) molestation of a child;

c) sexual conduct with a minor;

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

e) taking a child for the purpose of prostitution;

f) luring a minor for sexual exploitation;

g) aggravated luring of a minor for sexual exploitation; and

h) continuous sexual abuse of a child. (Sec. 1)

3. 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)

4. Directs DPS to include the names and information of all offenders who were convicted of any of the outlined offenses before the general effective date within 12 months of the general effective date. (Sec. 2)

5. Makes technical changes. (Sec. 1)

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9.                   SB 1236

10. Initials JL/IG       Page 0 Transmitted

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