SB1583

THE CONTEXT: DCACs are a category of criminal offenses that may be treated differently when they involve a defendant who is at least 18 years old (or tried as an adult) and a victim who is below 15 years old (or an unborn child).

WHAT THE BILL DID: The final vetoed version would information required on the Website includes the offender's name, address, age, a current photograph, the offense committed and the notification level assigned to the offender. Additionally, DPS must annually update all information on the Website for each sex offender ( A.R.S. 13-3827 ). Provisions, require DPS to include on the Website any person convicted or adjudicated guilty except insane for any of the following offenses, whether preparatory or completed, that were committed while the person was 18 years of age or older and either the victim is under 12 years of age or the offense was sentenced as a DCAC: a) Sexual abuse pursuant to A.R.S. 13-1404; b) Molestation of a child pursuant to A.R.S. 13-1410; c) Sexual conduct with a minor pursuant to A.R.S. 13-1405; d) Child sex trafficking committed on or after August 9, 2017, pursuant to A.R.S. 13-3212; e) Taking a child for the purpose of prostitution pursuant to A.R.S. 13-3206; f) Luring a minor for sexual exploitation pursuant to A.R.S. 13-3554; g) Aggravated luring a minor for sexual exploitation pursuant to A.R.S. 13-3560; and h) Continuous sexual abuse of a child pursuant to A.R.S. 13-1417, and state that the above amendments apply to a person who is convicted of or adjudicated guilty except insane for an applicable offense that was committed before, on or after the general effective date.

WHY IT MATTERED: The practical reason for this bill was to give the people who rely on the rule clearer information and a defined reporting process. It would information required on the Website includes the offender's name, address, age, a current photograph, the offense committed and the notification level assigned to the offender. Additionally, DPS must annually update all information on the Website for each sex offender ( A.R.S. 13-3827 ). Provisions, and would also require DPS to include on the Website any person convicted or adjudicated guilty except insane for any of the following offenses, whether preparatory or completed, that were committed while the person was 18 years of age or older and either the victim is under 12 years of age or the offense was sentenced as a DCAC: a) Sexual abuse pursuant to A.R.S. 13-1404; b) Molestation of a child pursuant to A.R.S. 13-1410; c) Sexual conduct with a minor pursuant to A.R.S. 13-1405; d) Child sex trafficking committed on or after August 9, 2017, pursuant to A.R.S. 13-3212; e) Taking a child for the purpose of prostitution pursuant to A.R.S. 13-3206; f) Luring a minor for sexual exploitation pursuant to A.R.S. 13-3554; g) Aggravated luring a minor for sexual exploitation pursuant to A.R.S. 13-3560; and h) Continuous sexual abuse of a child pursuant to A.R.S. 13-1417, rather than leave the current rule unchanged.