HB2065 - 451R - House Bill Summary

House of Representatives

HB 2065

sex offender registration

Sponsors: Representatives Jarrett: Gray, Hanson et al

DPA	Committee on Judiciary
DPA	Caucus and COW
X	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 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.

· Authorizes the court to order the termination of a duty to register for a person who committed the offense while under 18 years of age, but was convicted as an adult.

· 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.

· Requires any person who commits an offense after September 1, 1978 that has the same elements as a crime listed in the statute, but is not specifically listed, to register as a sex offender.

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

· Makes technical and conforming changes.

HB 2065 was amended in the Judiciary Committee as follows:

· Removes reference to predecessor offenses and replaces the reference to indicate that any person who commits an offense after September 1, 1978 that has the same elements as a crime listed in the statute, but is not specifically listed, is required to register.

· Removes new language that authorizes the court to determine whether to allow a juvenile to discontinue registering as a sex offender after age 25, and retains the statutory language in its current form which automatically discontinues the requirement for juvenile sex offenders to register after age 25.

· Authorizes the court to order the termination of a duty to register for a person who committed the offense while under 18 years of age, but was convicted as an adult.

· Requires sex offenders who are required to register to notify the sheriff prior to moving.

· Removes broad language that requires a sex offender to notify the sheriff if the person moves from the location where the person is living.

· Requires that a sex offender notify the sheriff of the location and number of a post office box if the sex offender has a post office box number and has no residential address.

HB 2065 was amended in Committee of the Whole with a substitute amendment to the Judciary Committee amendment as follows:

· Removes reference to predecessor offenses and requires that any person who commits an offense after September 1, 1978 that has the same elements as a crime listed in the statute, but is not specifically enumerated in the statute, must register.

· Authorizes the court to order the termination of a duty to register for a person who committed a sexual offense while under 18 years of age, but was convicted as an adult.

· Requires sex offenders who are required to register to notify the sheriff within 72 hours of moving, excluding weekends and legal holidays.