House of Representatives

HB 2065

sex offender registration

Sponsors: Representatives Jarrett: Gray, Hanson et al

X	Committee on Judiciary
	Caucus and COW
	As Passed the House

HB 2065 makes changes to some requirements of Arizona sex offender registration and community notification laws.

History

Current Arizona law allows persons convicted of a crime to apply to a judge to have the judgment of guilt set aside. However, certain persons are ineligible to apply for this benefit if the crime:

1. Involved serious physical injury;

2. Involved deadly weapons or a dangerous instrument;

3. Was a sexual offense;

4. Victim was less than 15 years of age;

5. Involved certain criminal traffic violations pursuant to state and local law.

Persons who are required to register as sex offenders in Arizona must notify their local sheriff in writing within ten days after changing their address or changing their name. The sheriff then forwards the information to the Department of Public Safety and the local chief of police.

Currently juveniles who are required to register as sex offenders are not subject to Arizona’s community notification law.

Provisions

· Removes provision that currently prohibits a convicted sex offender from applying to set aside the judgment of conviction. Replaces this provision with language that specifies that the following two types of persons are ineligible to apply to set aside the judgment of conviction:

1. A person who is required to register as a sex offender; or

2. A person whose conviction includes a finding that the crime was sexually motivated.

· Adds predecessor offenses and luring a minor for sexual exploitation to the description of offenses for which convicted persons must register with a county sheriff as a sex offender.

· Allows the court to decide whether to terminate a person’s duty to register upon reaching 25 years of age if the person was adjudicated delinquent as a sex offender. This applies to persons who are residents of Arizona and to nonresidents who either work or attend school in Arizona.

· Broadens notice requirements when a registered sex offender moves to require the person to report in writing and in person to the sheriff prior to moving.

· Adds language to community notification requirements to include a person who was not required by statute to register as a sex offender, but who was ordered as a matter of discretion by the court to register.

· Authorizes the court to order that a juvenile be subject to community notification.

· Makes technical and conforming changes.

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· 45th Legislature

· First Regular Session 2 February 5, 2001

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