sex offenses; violent
crimes; bail
DPA |
Committee on Appropriations |
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Committee on Judiciary (if assigned) |
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Caucus and COW |
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Third Read |
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As Passed the House |
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SB 1202 prohibits a person in custody from being released on bond 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.
SB 1202 was amended in the Appropriations Committee to allow the judicial officer to impose certain conditions on the release of any person released on his own recognizance or bail. It also specifies conditions that may only be imposed on a person charged with a felony violation under chapter 14 or 35.1 of Title 13 regarding sexual crimes and sexual exploitation of children.
The Arizona Constitution states that all persons charged with a crime are entitled to bail except in specified instances such as a capital charge. 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 15 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 probable 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 or sexual exploitation of children.
· Requires the victim to be notified if the defendant applies to have the conditions of release reviewed.
· States that prisoners convicted of a violation of sexual conduct with or molestation of a minor under 15 years of age shall be prohibited from residing within 440 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.
SB 1202 was amended in the Appropriations Committee as follows:
§ States that a judicial officer may impose any of the following conditions on a person who is charged with any violation and is released on his own recognizance or bail:
§ Place the person in the custody of a designated person or organization agreeing to supervise him.
§ Place restrictions on the person’s travel, associates or place of abode during the period of release.
§ Require the deposit with the clerk of the court of cash or other security, such deposit to be returned upon the performance of the conditions of release.
§ Prohibit the person from possessing any dangerous weapon or engaging in certain described activities or indulging in intoxicating liquors or certain drugs.
§ Require the person to report regularly to and remain under the supervision of an officer of the court.
§ Impose any other conditions deemed reasonably necessary to assure appearance as required including a condition requiring that the person return to custody after specified hours.
§ States that in addition to any of the conditions of release cited above, a judicial officer shall impose the following conditions on a person who is charged with a sexual offense or sexual exploitation of a minor and who is released on his own recognizance or on bail:
§ Electronic monitoring where available.
§ A condition prohibiting the person from having any contact with the victim.
§ Adds the clarification that electronic monitoring shall be preformed where available.
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45th Legislature
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Second Regular Session 3 April
15, 2002
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