ARIZONA STATE SENATE
Phoenix, Arizona
sex offenses;
violent crimes; bail
Requires a defendant charged with a sexual offense to deposit with the clerk of the court not less than one million dollars and meet other mandated conditions of release on bail. Requires the court to consider multiple factors, including the views of the victim, prior to imposing any conditions or modified conditions on a person released on a bailable offense.
The Arizona Constitution states that all persons charged with a crime are bailable except in specified instances such as charges of a capital offense. When the court determines whether to order a person’s release on the person’s own recognizance or on bail, the court considers many factors including the nature and circumstances of the offense, the weight of the evidence, and the person’s criminal record. The court may impose many 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. S.B. 1202 requires the court to impose specific conditions on the pre-trial release of people accused of sexual offenses. One of the conditions is the requirement that the person deposit not less than one million dollars with the clerk of the court in order to be released on bail.
In 1990, Arizona voters passed an initiative measure that amended the Arizona Constitution by adding the Victims’ Bill of Rights. The 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 to victims by the Bill of Rights. S.B. 1202 specifies that a court must provide a victim with notice and the opportunity to be heard when bail decisions are being made. Additionally, under bail conditions established in this legislation, certain defendants are prohibited from having any contact with their victims or the victims’ families.
Any potential fiscal impact to the state general fund is undetermined at this time.
1. Requires a judicial officer to impose the following conditions on a person charged with a sexual offense or a sexual offense of a child:
a) the defendant must deposit with the clerk of the court not less than one million dollars, which shall be returned to the defendant upon performance of the conditions of release.
b) the defendant must be electronically monitored.
c) the defendant must be prohibited from approaching any school, as defined in the bill.
d) the defendant must be prohibited from having any contact with the victim or the victim’s family.
2. States that the court must take the views of the victim into consideration when determining the method of release or the amount of bail to be established for a person charged with a bailable offense.
3. Requires the judicial officer to impose any conditions of release or amended conditions of release only after providing the victim notice and an opportunity to be heard.
4. Requires the victim to be given notice of a defendant’s application to have the conditions of release reviewed by a judicial officer.
5. States that this act shall be known as “Chris’s Law: Victims’ Protection Act.”
6. Makes technical and clarifying changes.
7. Provides for a general effective date.
Prepared by Senate Staff
February 8, 2002