ARIZONA STATE SENATE
Phoenix, Arizona
sex offenses;
violent crimes; bail
Requires a judicial officer to impose specified conditions on the pre-trial release of a person charged with a sexual offense. 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.
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.
Any potential fiscal impact to the state general fund is undetermined at this time.
1. Requires that a person shall not be admitted to bail if the proof is evident or the presumption great that the person is guilty of the offense charged and the offense is sexual assault, sexual conduct with a minor who is under fifteen years of age or child molestation.
2. 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 be electronically monitored.
b) the defendant must be prohibited from having any contact with the victim.
3. Lists three purposes of bail and conditions of release, including:
a) assuring the appearance of the accused.
b) protecting against the intimidation of witnesses.
c) protecting the safety of the victim, any other person or the community.
4. Requires persons convicted of sexual conduct with a minor under age 15 or molestation of a child under age 15 who are released from ADC under community suspension to be prohibited from residing within 440 feet of a school or its accompanying grounds.
5. 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.
6. 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.
7. Requires the victim to be given notice of a defendant’s application to have the conditions of release reviewed by a judicial officer.
8. States that this act shall be known as “Chris’s Law: Victims’ Protection Act.”
9. Makes technical and clarifying changes.
10. Becomes effective only if the Arizona Constitution is amended during 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 15 years of age or child molestation.
Amendment
Adopted by Committee
1. Eliminates the provision that sets the minimum bail for specified offenders at one million dollars.
2. Adds to existing statute three additional crimes for which a person charged with that offense cannot be released on bail if the proof is evident or the presumption great that the person is guilty of the charged offense.
3. Adds three purposes of bail and conditions of release.
4. Eliminates the prohibition against a defendant who is released pre-trial for a sexual offense from approaching a school or contacting any member of the victim's family.
5. Requires specified persons released from ADC under community suspension to be prohibited from residing within 440 feet of a school or its accompanying grounds.
Amendment
Adopted by Rules Committee
·
Adds a conditional enactment.
Amendments Adopted
by Committee of the Whole
· Clarifies which persons are prohibited from living within 440 feet of a school or its grounds as a condition of community supervision.
Senate Action
JUD 3/12/02 DPA 6-0-2-0
3rd Read 3/27/02 28-2-0-0
Prepared by Senate Staff
March 28, 2002