Arizona Fifty-fifth Legislature - Second Regular Session Status: Passed Senate

SB 1378 — internet sex offender website; offenses

Last action — FAILED

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with Fifty-fifth Legislature - Second Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

144 added · 25 removed

Plain-language change summary

The amendments to Senate Bill 1378 clarify that a sex offender can be included on the internet sex offender website if they are sentenced under specific legal sections, particularly Section 13-705, and that this applies to offenses committed after August 9, 2017. This change is important because it ensures that the public has access to information about potentially dangerous offenders while providing a clear framework for when an offender should be listed on the website. Overall, these amendments aim to enhance public safety by making the criteria for inclusion on the registry more precise.

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Fifty-fifth Legislature Judiciary Second Regular Session S.B.
Senate Engrossed internet sex offender website;
1378 PROPOSED HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B.
offenses State of Arizona Senate Fifty-fifth Legislature Second Regular Session SENATE BILL 1378 AN ACT AMENDING SECTION 13-3827, ARIZONA REVISED STATUTES;
1378 (Reference to Senate engrossed bill) Page 1, line 23, strike ".
RELATING TO REGISTRATION OF SEX OFFENDERS.
if the" insert "if the" Line 24, strike ".
(TEXT OF BILL BEGINS ON NEXT PAGE) - i - S.B.
" insert "OFFENDER IS SENTENCED PURSUANT TO SECTION 13-705." Line 25, strike ".
1378 Be it enacted by the Legislature of the State of Arizona:
if the" insert "if the" Line 26, strike ".
Section 1.
" insert "OFFENDER IS SENTENCED PURSUANT TO SECTION 13-705." Line 27, strike ".
Section 13-3827, Arizona Revised Statutes, is amended to read:
if the" insert "if the" Line 28, strike ".
13-3827.
" insert "OFFENDER IS SENTENCED PURSUANT TO SECTION 13-705." Line 32, strike ", paragraph 1, 2, 3, 4, 5, 6, 7 or 8" insert "COMMITTED ON OR AFTER AUGUST 9, 2017 IF THE OFFENDER IS SENTENCED PURSUANT TO SECTION 13-705";
Internet sex offender website;
after "or" insert "SECTION 13-3212," Lines 35, 37, 39 and 41, after "age" insert "IF THE OFFENDER IS SENTENCED PURSUANT TO SECTION 13-705" Amend title to conform WALTER "WALT" BLACKMAN 1378BLACKMAN.docx 03/21/2022 05:00 PM C:
investigation of records;
SP
immunity;
exception;
definition A.
The department of public safety shall establish and maintain an internet sex offender website for the purpose of providing sex offender information to the public.
The internet sex offender website shall include the following offenders:
1.
Any offender whose risk assessment has been determined to be a level two or level three.
2.
Unless included under paragraph 1 of this subsection, any offender who was convicted of or adjudicated guilty except insane for any of the following completed offenses, WHETHER COMPLETED OR PREPARATORY, or the same or a substantially similar offense in another state or jurisdiction:
(a) Sexual assault pursuant to section 13-1406.
(b) Sexual exploitation of a minor pursuant to section 13-3553 if the offender is at least twenty-one years of age and is sentenced pursuant to section 13-705.
(c) Commercial sexual exploitation of a minor pursuant to section 13-3552.
(d) Sexual abuse pursuant to section 13-1404.
if the victim is under twelve years of age.
(e) Molestation of a child pursuant to section 13-1410.
if the victim is under twelve years of age.
(f) Sexual conduct with a minor pursuant to section 13-1405.
if the victim is under twelve years of age.
(g) Child prostitution pursuant to section 13-3212, subsection A or subsection B, paragraph 1 or 2 committed before August 9, 2017.
(h) Child sex trafficking pursuant to section 13-3212, subsection A, paragraph 1, 2, 3, 4, 5, 6, 7 or 8 or subsection B, paragraph 1 or 2 committed on or after August 9, 2017.
(i) Taking a child for the purpose of prostitution pursuant to section 13-3206 if the victim is under twelve years of age.
(j) Luring a minor for sexual exploitation pursuant to section 13-3554 if the victim is under twelve years of age.
(k) Aggravated luring a minor for sexual exploitation pursuant to section 13-3560 if the victim is under twelve years of age.
(l) Continuous sexual abuse of a child pursuant to section 13-1417 if the victim is under twelve years of age.
B.
The internet sex offender website shall include the following information for each convicted or adjudicated guilty except insane sex - 1 - S.B.
1378 offender in this state who is required to register pursuant to section 13-3821:
1.
The offender's name, address and age.
2.
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A current photograph.
3.
The offense committed and notification level pursuant to section 13-3825, subsection C, if a risk assessment has been completed pursuant to section 13-3825.
C.
The department of public safety shall annually update on the website the name, address and photograph of each sex offender.
D.
The department of public safety shall maintain a separate database and search function on the website that contains any required online identifier of sex offenders whose risk assessments have been determined to be a level two or level three and the name of any website or internet communication service where the required online identifier is being used.
This information shall not be publicly connected to the name, address and photograph of a registered sex offender on the website.
E.
The department of public safety may disseminate a registered sex offender's required online identifier and the name of any corresponding website or internet communication service to a business or organization that offers electronic communication services for comparison with information that is held by the requesting business or organization.
The requesting business or organization shall notify the department of public safety when a comparison of the information indicates that a registered sex offender's required online identifier is being used on the business's or organization's system.
The requesting business or organization shall not further disseminate that the person is a registered sex offender.
F.
The motor vehicle division of the department of transportation shall send copies of each sex offender's nonoperating identification license or driver license photograph to the department of public safety for inclusion on the sex offender website.
G.
The department of public safety shall annually verify the addresses of all sex offender registration records contained within the Arizona criminal justice information system.
Before including the address of a sex offender on the website, the department of public safety shall confirm that the address is correct.
To confirm a sex offender's address, the department shall conduct a search of the Arizona criminal justice information system.
If this search does not provide the necessary confirmation, the department shall use alternative public and private sector resources that are currently used for criminal investigation purposes to confirm the address.
The department of public safety is prohibited from using or releasing the information from the alternative public and private sector resources except pursuant to this section.
A custodian or public or private sector resource that releases information - 2 - S.B.
1378 pursuant to this subsection is not civilly or criminally liable in any action alleging a violation of confidentiality.
H.
The department of public safety may petition the superior court for enforcement of subsection G of this section if a public or private sector resource refuses to comply.
The court shall grant enforcement if the department has reasonable grounds to believe the records sought to be inspected are relevant to confirming the identity and address of a sex offender.
I.
Except for a person who is required to register pursuant to section 13-3821, a person who provides or fails to provide information required by this section is not civilly or criminally liable unless the act or omission is wanton or wilful.
J.
This section does not apply to an offender during any time that the offender is incarcerated in the state department of corrections.
K.
For the purpose of this section, "required online identifier":
1.
Means:
(a) Any email address information, instant message or chat information.
(b) A social networking platform account name or identifier.
(c) Any identifier used for communicating on a mobile application or internet website.
(d) A mobile telephone number.
(e) Any mobile device identification information.
(f) Any other similar internet communication name.
2.
Does not include a social security number, date of birth, personal password or pin number.
Sec.
2.
Applicability A.
Section 13-3827, Arizona Revised Statutes, as amended by this act, applies to a person who is convicted of or adjudicated guilty except insane for an offense that is listed in section 13-3827, subsection A, Arizona Revised Statutes, as amended by this act, and that was committed before, on or after the effective date of this act.
B.
Notwithstanding section 13-3827, Arizona Revised Statutes, as amended by this act, the department of public safety is not required to include the name and information of an offender on the internet sex offender website until January 1, 2023 if the offender was convicted of an offense listed in section 13-3827, subsection A, paragraph 2, Arizona Revised Statutes, as amended by this act, before the effective date of this act.
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Action History

  1. FAILED

  2. House Second Reading

  3. House First Reading.

  4. Transmit to House

  5. PASSED

  6. DPA

  7. DPA

  8. Senate Second Reading

  9. Senate First Reading

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 92 not signed on · 3 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (92)

92 members have not signed on to this bill.

Show all 92 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed

Passed 25 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 4100
Unaffiliated 14202
Republican 7000
Total 25302
% of votes cast 83%10%0%7%
How each member voted (30)
Member Party Vote
Christine Marsh — Yea
Juan Mendez — Not Voting
Karen Fann — Yea
Kelly Townsend — Yea
Lisa Otondo — Yea
Martin Quezada — Nay
Michelle B. Ugenti-Rita — Yea
Nancy Barto — Yea
Paul Boyer — Yea
Raquel Terán — Nay
Rebecca Rios — Yea
Rick Gray — Yea
Rosanna Gabaldon — Yea
Sean Bowie — Yea
Sine Kerr — Yea
Sonny Borrelli — Yea
Tyler Pace — Yea
Victoria Steele — Not Voting
Lela Alston Democrat Yea
Lupe Contreras Democrat Yea
Sally Ann Gonzales Democrat Nay
Stephanie Stahl Hamilton Democrat Yea
Theresa Hatathlie Democrat Yea
David Gowan Republican Yea
David Livingston Republican Yea
J.D. Mesnard Republican Yea
Thomas "T.J." Shope Republican Yea
Venden "Vince" Leach Republican Yea
Warren Petersen Republican Yea
Wendy Rogers Republican Yea

Official roll call →

Subjects

public-safety technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 1378?
SB 1378 is sponsored by Sine Kerr.
What is the current status of SB 1378?
This bill died with Fifty-fifth Legislature - Second Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1378?
Track SB 1378 free on One Click Politics — get push/email alerts when it moves.

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