sex offenses; violent
crimes; bail
SB 1202 prohibits a person in custody from receiving bail if the proof is evident or the presumption is great that the person is guilty of sexual assault, sexual conduct with a minor under fifteen years of age, or child molestation. It also requires a judicial officer to impose specified conditions, including electronic monitoring and prohibition of contact with the victim, on the pre-trial release of a defendant charged with a sexual offense.
The Arizona Constitution states that all persons charged with a crime are entitled to bail except in specified instances such as charges of a capital offense. When the court releases a person on the person’s own recognizance or on bail, the court considers the nature and circumstances of the offense, the weight of the evidence, and the person’s criminal record. The court may impose conditions of release, such as restricting the person’s travel, prohibiting the person from possessing a dangerous weapon and requiring the deposit of cash or other security with the clerk of the court. SB 1202 requires the court to impose specific conditions on the pre-trial release of a defendant accused of sexual offenses.
In 1990, Arizona voters passed an initiative measure that amended the Arizona Constitution by adding the Victims’ Bill of Rights. The Victim’s Bill of Rights provides that victims have a right to be heard at any proceeding involving a post-arrest release decision. The Bill of Rights further states that the Legislature has the authority to enact laws to define, implement, preserve and protect the rights guaranteed in the Victim’s Bill of Rights. SB 1202 specifies that a court must provide a victim with notice and the opportunity to be heard when bail decisions are being made. Also the victim must be notified if the defendant applies to have the conditions of release reviewed. Additionally, under bail conditions established in this legislation, defendants charged with certain sexual offenses, including sexual conduct with a minor under the age of fifteen or child molestation, are prohibited from contact with the victim as part of the conditions of release.
· Prohibits a person in custody from admittance to bail if the proof is evident or the presumption great that the person is guilty of the charged offense and the offense is one of the following:
· Sexual assault
· Sexual conduct with a minor who is under fifteen years of age
· Molestation of a child who is under fifteen years of age
· Identifies the purposes of bail and any conditions of release that are set by a judicial officer to include:
· Assuring the appearance of the accused
· Protecting against the intimidation of witnesses
· Protecting the safety of the victim, any other person or the community
· Requires the judicial officer to consider the views of the victim, in addition to other statutory criteria, when determining the method of release or the amount of bail.
· States that a judicial officer may revoke the defendant’s release on showing probable cause that the defendant committed any offense during the period of release. (Current language allows the judicial officer to revoke release if there is probably cause that the defendant committed a felony during the period of release).
· Requires a judicial officer to prohibit any contact with the victim and impose electronic monitoring on a person who is charged with a sexual offense under A.R.S. Title 13, Ch. 14 or sexual exploitation of children under A.R.S. Title 13, Chapter 35.1.
· Requires the victim to be notified if the defendant applies to have the conditions of release reviewed.
· States that inmates scheduled for release from their current sentence by July 18, 2001 are not required to achieve functional literacy at an eighth grade level to be released to community supervision.
· States that prisoners convicted of a violation of sexual conduct with or molestation of a minor under fifteen years of age shall be prohibited from residing within four hundred forty feet of a school or its accompanying grounds while under community supervision.
· Defines school as any public, charter or private school where children attend classes.
· Designates the act as “Chris’s Law: Victims’ Protection Act”.
· Contains a conditional enactment. This act will not become effective unless the Constitution of Arizona is amended by vote of the people at the next general election to provide that a person shall not be admitted to bail if the proof is evident or the presumption great that the person is guilty of sexual assault, sexual conduct with a minor under fifteen years of age or child molestation.
· Makes technical and conforming changes.
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45th Legislature
Second Regular Session 2 April
8, 2002
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