Assigned to JUD                                                                                                                 AS PASSED BY THE SENATE  

 

 

 

ARIZONA STATE SENATE

Phoenix, Arizona

 

REVISED

FACT SHEET FOR S.B. 1284

 

dangerous crimes against children; drugs

 

Purpose

 

            Makes substantive and clarifying changes to existing statutes related to various criminal justice issues.

 

Background

 

            An array of criminal justice issues are covered under this proposed legislation, including the classification of administration of "date rape" drugs to minors as a dangerous crime against children, setting aside adjudication of delinquency, juvenile records expungement, and luring a minor for sexual exploitation.  Changes regarding community supervision terms and the stalking statute are in response to recent court of appeals cases.  Other issues were brought forward at the request of various court jurisdictions, prosecuting agencies and others.

 

The fiscal impact of S.B. 1284 on the state general fund is unknown at this time.

 

Provisions

 

Administration of Drugs to Minors

 

1.      Includes the administration of flunitrazepam, gamma hydroxy butrate (GHB) or ketamine hydrochloride to a person under 18 years of age as a dangerous crime against children and classifies this crime as a class 2 felony.

 

Setting Aside Adjudication of Delinquency

 

2.      Requires that a person who has been adjudicated delinquent must receive absolute discharge from the Arizona Department of Juvenile Corrections (ADJC), if applicable, before applying to the juvenile court to set aside the adjudication.

 

3.      Provides parole officers with the authority to set aside an adjudication of delinquency or incorrigibility.

 

4.      Disallows setting aside adjudication of delinquency if the person is on probation, has not paid in full all restitution or has not received an absolute discharge from the ADJC.

 

Juvenile Records Expungement

 

5.      Allows a person to apply for destruction of records at age 18 if specified conditions are met, including that the person received an absolute discharge from the ADJC, all restitution has been paid in full and no criminal charges are pending.

 

Community Supervision

 

6.      Requires that when a court calculates a term of community supervision, the court shall decrease a sentence to the nearest month when the term involves fractions of a month.

 

Stalking

 

7.      Creates a clearer distinction between class 3 felony stalking and class 5 felony stalking.

 

Luring a Minor for Sexual Exploitation

 

8.      Specifies that sentencing for the crime of luring a minor for sexual exploitation is subject to class 3 felony sentencing under dangerous crimes against children.

 

Miscellaneous

 

9.      Makes technical and conforming changes.

 

10.  Provides for a general effective date.

 

Amendment Adopted by Committee

 

Permits easier destruction of juvenile court records, changes the manner in which community supervision terms are calculated and clarifies existing statutes.

 

Amendments Adopted by Committee of the Whole

 

1.      Requires a person to first receive an absolute discharge from the ADJC, if applicable, before applying to set aside an adjudication of delinquency.

 

2.      Clarifies that the ADJC possesses some juvenile delinquency adjudication records.

 

Senate Action

 

JUD                 3/6/01              DPA    8-0-0-0

3rd Read           3/15/01                        29-0-1-0

 

 

Prepared by Senate Staff

March 20, 2001