Bill Text: AZ SB1041 | 2018 | Fifty-third Legislature 2nd Regular | Introduced
Bill Title: Residency restrictions; sex offenders; victims
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-04-11 - Chapter 186 [SB1041 Detail]
Download: Arizona-2018-SB1041-Introduced.html
PREFILED DEC 21 2017
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REFERENCE TITLE: residency restrictions; sex offenders; victims |
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State of Arizona Senate Fifty-third Legislature Second Regular Session 2018
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SB 1041 |
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Introduced by Senator Kavanagh
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AN ACT
amending section 13‑3727, Arizona Revised Statutes; relating to unlawful residency.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-3727, Arizona Revised Statutes, is amended to read:
13-3727. Unlawful residency; persons convicted of criminal offenses; exceptions; preemption; classification
A. It is unlawful for a person who has been convicted of a dangerous crime against children as defined in section 13‑705, or who has been convicted of an offense committed in another jurisdiction that if committed in this state would be a dangerous crime against children as defined in section 13‑705, and who is required to register pursuant to section 13‑3821 and who is classified as a level three offender pursuant to section 13‑3825, to either:
1. If the person is classified as a level three offender pursuant to section 13‑3825, reside within one thousand feet of the real property comprising any of the following:
1. (a) A private school, as defined in section 15‑101, or a public school that provides instruction in kindergarten programs and any combination of kindergarten programs and grades one through eight.
2. (b) A private school, as defined in section 15‑101, or a public school that provides instruction in any combination of grades nine through twelve.
3. (c) A child care facility as defined in section 36‑881.
2. Knowingly establish a residence within one thousand feet of the real property on which the person's former victim or any member of the victim's immediate family resides.
B. Subsection A, paragraph 1 of this section does not apply to any of the following:
1. A person who establishes the person's residence before September 19, 2007 or before a new school or child care facility is located.
2. A person who is a minor.
3. A person who is currently serving a term of probation.
4. A person who has had the person's civil rights restored pursuant to chapter 9 of this title.
5. A person who has not been convicted of a subsequent offense in the previous ten years, excluding any time the person was incarcerated in any federal, state, county or local jail or prison facility.
C. Subsection A, paragraph 2 of this section does not apply:
1. To a person who is required to register pursuant to section 13‑3821, subsection A, paragraph 19.
2. If the victim or a member of the victim's immediate family who resides on the real property consents in writing to the person establishing a residence.
C. D. Notwithstanding any other law and as a matter of statewide concern, a county, city or town shall not enact an ordinance that provides for distance restrictions greater than those found in this section.
D. E. For the purposes of subsection A of this section, measurements shall be made in a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing the person's residence to the nearest point on the property line of a parcel containing a child care facility or a school or on which the person's former victim or any member of the victim's immediate family resides.
E. F. A person who violates this section is guilty of a class 1 misdemeanor, except that a person who commits a second or subsequent violation of subsection A, paragraph 2 of this section is guilty of a class 6 felony.
