ARIZONA STATE SENATE
Phoenix, Arizona
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 upon the state general fund is unknown at this time.
Provisions
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. Provides parole officers with the authority to set aside an adjudication of delinquency or incorrigibility.
3. 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 Department of Juvenile Corrections (DJC).
Juvenile Records Expungement
4. 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 DJC, all restitution has been paid in full, and no criminal charges are pending.
Community Supervision
5. 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
6. Creates a clearer distinction between class 3 felony stalking and class 5 felony stalking.
Luring a Minor for Sexual Exploitation
7. 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
8. Makes technical and conforming changes.
9. 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.
Senate Action
JUD 3/6/01 DPA 8-0-0-0
Prepared by Senate Staff
March 9, 2001