Arizona 57th Legislature - Second Regular Session Status: Passed Senate 1 R cosponsors

SB 1004 — ESA students; interscholastic activities; requirements

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 57th 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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.

In plain language

The bill sets requirements for ESA students participating in interscholastic activities.

This bill establishes specific criteria for students who use Education Savings Accounts (ESAs) to participate in interscholastic sports and activities. It aims to regulate the involvement of ESA students in school competitions.

What this means for you
  • Families: This bill impacts families with ESA students by establishing rules for their participation in school sports and activities.

Bill Text

What changed in the latest version

48 added · 254 removed

Plain-language change summary

The amended version of SB 1004 introduces changes to the rules around school attendance, specifically addressing excessive absences. The new language clarifies that a child’s absences may be classified as excessive based on a certain percentage, which means that students who have missed more than 10% of their required school days could face consequences. This change aims to ensure students maintain regular attendance, which is crucial for their educational success. Additionally, the bill originally included provisions allowing students in Empowerment Scholarship Accounts (ESAs) to participate in school activities, but these have now been removed. This shift might affect ESA students’ involvement in extracurricular activities they would typically engage in through their school district.

→
Previous
Latest
House Engrossed Senate Bill ESA students;
Senate Engrossed ESA students;
exemptions) (now:
exemptions) State of Arizona Senate Fifty-seventh Legislature Second Regular Session SENATE BILL 1004 AN ACT AMENDING SECTION 15-803, ARIZONA REVISED STATUTES;
sex offenders;
RELATING TO SCHOOL ATTENDANCE.
electronic monitoring) State of Arizona Senate Fifty-seventh Legislature Second Regular Session SENATE BILL 1004 AN ACT AMENDING SECTION 13-3821, ARIZONA REVISED STATUTES;
RELATING TO REGISTRATION OF SEX OFFENDERS.
1004 Be it enacted by the Legislature of the State of Arizona:
1004 Be it enacted by the Legislature of the state of Arizona:
Section 13-3821, Arizona Revised Statutes, is amended to read:
Section 15-803, Arizona Revised Statutes, is amended to read:
13-3821.
15-803.
Persons required to register;
School attendance;
procedure;
exemptions;
identification card;
assessment;
A person who has been convicted of or adjudicated guilty except insane for a violation or attempted violation of any of the following offenses or who has been convicted of or adjudicated guilty except insane or not guilty by reason of insanity for an offense committed in another jurisdiction that if committed in this state would be a violation or attempted violation of any of the following offenses or an offense that was in effect before September 1, 1978 and that, if committed on or after September 1, 1978, has the same elements of an offense listed in this section or who is required to register by the convicting or adjudicating jurisdiction, within ten days after the conviction or adjudication or within seventy-two hours, excluding weekends and legal holidays, after entering and remaining for at least seventy-two hours in any county of this state, shall register with the sheriff of that county:
It is unlawful for any child who is between six and sixteen years of age to fail to attend school during the hours school is in session, unless either:
Unlawful imprisonment pursuant to section 13-1303 if the victim is under eighteen years of age and the unlawful imprisonment was not committed by the child's parent.
The child is excused pursuant to section 15-802, subsection D or section 15-901, subsection A, paragraph 5, subdivision (c).
Kidnapping pursuant to section 13-1304 if the victim is under eighteen years of age and the kidnapping was not committed by the child's parent.
The child is accompanied by a parent or a person authorized by a parent.
Sexual abuse pursuant to section 13-1404 if the victim is under eighteen years of age.
The child is provided with instruction in a homeschool.
4.
Sexual conduct with a minor pursuant to section 13-1405.
5.
Sexual assault pursuant to section 13-1406.
6.
Sexual assault of a spouse if the offense was committed before August 12, 2005.
7.
Molestation of a child pursuant to section 13-1410.
8.
Continuous sexual abuse of a child pursuant to section 13-1417.
9.
Taking a child for the purpose of prostitution pursuant to section 13-3206.
10.
Child prostitution pursuant to section 13-3212, subsection A or subsection B, paragraph 1 or 2 committed before August 9, 2017.
11.
Child sex trafficking pursuant to section 13-3212, subsection A or subsection B, paragraph 1 or 2 committed on or after August 9, 2017.
12.
Commercial sexual exploitation of a minor pursuant to section 13-3552.
13.
Sexual exploitation of a minor pursuant to section 13-3553.
14.
Luring a minor for sexual exploitation pursuant to section 13-3554.
15.
A second or subsequent violation of indecent exposure to a person who is under fifteen years of age pursuant to section 13-1402.
Show all 142 changed rows (102 more)
Previous
Latest
- 1 - S.B.
1004 16.
A second or subsequent violation of public sexual indecency to a minor who is under fifteen years of age pursuant to section 13-1403, subsection B.
17.
A third or subsequent violation of indecent exposure pursuant to section 13-1402.
18.
A third or subsequent violation of public sexual indecency pursuant to section 13-1403.
19.
A violation of section 13-3822 or 13-3824.
20.
Unlawful age misrepresentation.
21.
Aggravated luring a minor for sexual exploitation pursuant to section 13-3560.
22.
Sexual extortion pursuant to section 13-1428 if the victim is under fifteen years of age.
Before the person is released from confinement the state department of corrections in conjunction with the department of public safety and each county sheriff shall complete the registration of any person who was convicted of or adjudicated guilty except insane for a violation of any offense listed under subsection A of this section.
A child who is habitually truant or who has excessive absences may be adjudicated an incorrigible child as defined in section 8-201.
Within three days after the person's release from confinement, the state department of corrections shall forward the registered person's records to the department of public safety and to the sheriff of the county in which the registered person intends to reside.
Absences may be considered excessive when the number of absent days exceeds ten per cent PERCENT of the number of required attendance days prescribed in section 15-802, subsection B, paragraph 1, UNLESS THE CHILD MEETS ANY OF THE FOLLOWING:
Registration pursuant to this subsection shall be consistent with subsection E of this section.
C.
Notwithstanding subsection A of this section, the judge who sentences a defendant for any violation of chapter 14 or 35.1 of this title or for an offense for which there was a finding of sexual motivation pursuant to section 13-118 may require the person who committed the offense to register pursuant to this section.
D.
The court may require a person who has been adjudicated delinquent for an act that would constitute an offense specified in subsection A or C of this section to register pursuant to this section.
Any duty to register under this subsection terminates when the person reaches twenty-five years of age.
E.
A person who has been convicted, adjudicated guilty except insane or adjudicated delinquent and who is required to register in the convicting or adjudicating state for an act that would constitute an offense specified in subsection A or C of this section and who is not a resident of this state shall be required to register pursuant to this section if the person is either:
Employed full-time or part-time in this state, with or without compensation, for more than fourteen consecutive days or for an aggregate period of more than thirty days in a calendar year.
IS ENROLLED IN A CAREER TECHNICAL EDUCATION DISTRICT.
Enrolled as a full-time or part-time student in any school in this state for more than fourteen consecutive days or for an aggregate period of more than thirty days in a calendar year.
IS ENROLLED IN AN ALTERNATIVE SCHOOL PURSUANT TO SECTION 15-796, INCLUDING ENROLLMENT IN A DROPOUT RECOVERY PROGRAM THAT IS PROVIDED BY AN ALTERNATIVE SCHOOL OR ALTERNATIVE CHARTER SCHOOL PURSUANT TO SECTION 15-901.06.
For the purposes of - 2 - S.B.
1004 this paragraph, "school" means an educational institution of any description, public or private, wherever located in this state.
F.
Any duty to register under subsection D or E of this section for a juvenile adjudication terminates when the person reaches twenty-five years of age.
G.
The court may order the termination of any duty to register under this section on successful completion of probation if the person was under eighteen years of age when the offense for which the person was convicted or adjudicated guilty except insane was committed.
H.
The court may order the suspension or termination of any duty to register under this section after a hearing held pursuant to section 13-923.
I.
At the time of registering, the person shall sign or affix an electronic fingerprint to a statement giving such information as required by the director of the department of public safety.
The sheriff shall fingerprint and photograph the person and within three days thereafter shall send copies of the statement, fingerprints and photographs to the department of public safety and the chief of police, if any, of the place where the person resides.
The information that is required by this subsection shall include all of the following:
1.
All names by which the person is known.
2.
Any required online identifier.
The name of any website or internet communication service where the identifier is being used.
IS PARTICIPATING IN ARIZONA ONLINE INSTRUCTION PURSUANT TO SECTION 15-808.
If the person owns, possesses or regularly operates a motor vehicle that is required to be registered under title 28, chapter 7, the make, model, year of manufacture, color, vehicle identification number, state of registration and license plate number of the motor vehicle.
IS A PRESCHOOL CHILD AS DEFINED IN SECTION 15-771.
If the person has legal custody of a child who is enrolled in school, the child's name and enrollment status.
IS A HOMELESS CHILD OR YOUTH AS DEFINED IN 42 UNITED STATES CODE SECTION 11434a.
5.
IS HOMEBOUND AS DEFINED IN SECTION 15-901.
The physical location of the person's residence, the person's address and whether the person's residence is permanent or temporary, except that:
IS A PUPIL WITH A CHRONIC HEALTH PROBLEM AS DEFINED IN SECTION 15-346.
(a) If the person has a place of residence that is different from the person's address, the person shall provide the person's address, the physical location of the person's residence and the name of the owner of the residence if the residence is privately owned and not offered for rent or lease.
7.
(b) If the person receives mail at a post office box or other place, the person shall provide the location and number of the post office box or other place.
IS IN FOSTER CARE.
(c) If the person has more than one residence, the person shall register in person and in writing every residence and address not less than every ninety days with the sheriff in whose jurisdiction the person is physically present.
8.
- 3 - S.B.
IS A MIGRATORY CHILD AS DEFINED IN 20 UNITED STATES CODE SECTION 6399.
1004 (d) If the person does not have an address or a permanent place of residence:
9.
, (i) The person shall provide a description and physical location of any temporary residence and shall register as a transient not less than every ninety days with the sheriff in whose jurisdiction the transient is physically present.
MEETS THE INCOME ELIGIBILITY REQUIREMENTS FOR FREE AND REDUCED-PRICE LUNCHES UNDER THE NATIONAL SCHOOL LUNCH AND CHILD NUTRITION ACTS (42 UNITED STATES CODE SECTIONS 1751 THROUGH 1793).
(ii) THE PERSON SHALL BE SUBJECT TO MONITORING BY GLOBAL POSITION SYSTEM OR ELECTRONIC MONITORING UNTIL THE PERSON HAS AN ADDRESS OR A PERMANENT PLACE OF RESIDENCE.
C.
J.
On the person's initial registration and every year after the person's initial registration during the month of the person's birthdate, the person shall report in person to the sheriff of the county in which the person is registered and confirm in writing all information required by this section, any required online identifier and the name of any website or internet communication service where the identifier is being used and the person shall obtain a new nonoperating identification license or a driver license from the motor vehicle division in the department of transportation and shall carry a valid nonoperating identification license or a driver license.
Notwithstanding sections 28-3165 and 28-3171, the license is valid for one year from the date of issuance, and the person shall submit to the department of transportation proof of the person's address and place of residence.
The motor vehicle division shall annually update the person's address and photograph and shall make a copy of the photograph available to the department of public safety or to any law enforcement agency.
The motor vehicle division shall provide to the department of public safety daily address updates for persons required to register pursuant to this section.
K.
Except as provided in subsection E or L of this section, the clerk of the superior court in the county in which a person has been convicted of or adjudicated guilty except insane for a violation of any offense listed under subsection A of this section or has been ordered to register pursuant to subsection C or D of this section shall notify the sheriff in that county of the conviction or adjudication within ten days after entry of the judgment.
L.
Within ten days after entry of judgment, a court not of record shall notify the arresting law enforcement agency of an offender's conviction of or adjudication of guilty except insane for a violation of section 13-1402.
Within ten days after receiving this information, the law enforcement agency shall determine if the offender is required to register pursuant to this section.
If the law enforcement agency determines that the offender is required to register, the law enforcement agency shall provide the information required by section 13-3825 to the department of public safety and shall make community notification as required by law.
- 4 - S.B.
1004 M.
A person who is required to register pursuant to this section because of a conviction or adjudication of guilty except insane for the unlawful imprisonment of a minor or the kidnapping of a minor is required to register, absent additional or subsequent convictions or adjudications, for a period of ten years from the date that the person is released from prison, jail, probation, community supervision or parole and the person has fulfilled all restitution obligations.
Notwithstanding this subsection, a person who has a prior conviction or adjudication of guilty except insane for an offense for which registration is required pursuant to this section is required to register for life.
N.
A person who is required to register pursuant to this section and who is a student at a public or private institution of postsecondary education or who is employed, with or without compensation, at a public or private institution of postsecondary education or who carries on a vocation at a public or private institution of postsecondary education shall notify the county sheriff having jurisdiction of the institution of postsecondary education.
The person who is required to register pursuant to this section shall also notify the sheriff of each change in enrollment or employment status at the institution.
O.
At the time of registering, the sheriff shall secure a sufficient sample of blood or other bodily substances for deoxyribonucleic acid testing and extraction from a person who has been convicted of or adjudicated guilty except insane for an offense committed in another jurisdiction that if committed in this state would be a violation or attempted violation of any of the offenses listed in subsection A of this section or an offense that was in effect before September 1, 1978 and that, if committed on or after September 1, 1978, has the same elements of an offense listed in subsection A of this section or who is required to register by the convicting or adjudicating jurisdiction.
The sheriff shall transmit the sample to the department of public safety.
P.
Any person who is required to register under subsection A of this section shall register the person's required online identifier and the name of any website or internet communication service where the identifier is being used or is intended to be used with the sheriff from and after December 31, 2007, regardless of whether the person was required to register an identifier at the time of the person's initial registration under this section.
Q.
On conviction of or adjudication of guilty except insane for any offense for which a person is required to register pursuant to this section, in addition to any other penalty prescribed by law, the court shall order the person to pay an additional assessment of $250.
This assessment is not subject to any surcharge.
The court shall transmit the monies received pursuant to this section to the county treasurer.
The county treasurer shall transmit the monies received to the state treasurer.
The state treasurer shall deposit the monies received in the - 5 - S.B.
1004 state general fund.
Notwithstanding any other law, the court shall not waive the assessment imposed pursuant to this section.
R.
A person who is required to register pursuant to this section shall verify the person's residence and address if requested by the department of public safety pursuant to section 13-3827, subsection G.
S.
"Address" means all locations at which the person receives mail.
"Habitually truant" means a truant child who is truant for at least five school days within a school year.
"Legal custody" means the right to have physical possession of a child.
"Truant" means an unexcused absence for at least one class period during the day.
"Required online identifier" means any electronic email address information or instant message, chat, social networking or other similar internet communication name but does not include a social security number, date of birth or pin number.
"Truant child" means a child who is between six and sixteen years of age and who is not in attendance at a public or private school during the hours that school is in session, unless excused as provided by this section.
4.
- 1 -
"Residence" means:
(a) The person's dwelling place, whether permanent or temporary.
(b) If the person is transient and does not spend at least three nights in any location or place within a thirty-day period, the geographic areas of the county where the person spends the nights.
5.
"School" means a public or nonpublic kindergarten program, common school or high school.
6.
"Transient" means a person who does not have a single and permanent dwelling place.
- 6 -
⬇ Download PDF
View plain text versions (6)

How this bill changes current law

1 change Share ↗

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill adds a requirement for electronic monitoring of certain sex offenders who do not have a permanent residence.

  • Section 13-3821

    THE PERSON SHALL BE SUBJECT TO MONITORING BY GLOBAL POSITION SYSTEM OR ELECTRONIC MONITORING UNTIL THE PERSON HAS AN ADDRESS OR A PERMANENT PLACE OF RESIDENCE.

    This change mandates electronic monitoring for individuals required to register as sex offenders who lack a fixed address.

Action History

  1. FAILED

  2. PASSED

  3. FAILED

  4. DPA

  5. DPA/SE

  6. W/D

  7. House Second Reading

  8. House First Reading.

  9. Transmit to House

  10. PASSED

  11. DPA

  12. DPA/SE

  13. Senate Second Reading

  14. Senate First Reading

  15. Prefiled.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 92 not signed on · 28 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

failed to pass

Passed 29 Yea · 26 Nay · 5 Other
Party YeaNayPresentNot Voting
Democrat 02403
Republican 29202
Total 292605
% of votes cast 48%43%0%8%
How each member voted (60)
Member Party Vote
Aaron Márquez Democrat Nay
Alma Hernandez Democrat Nay
Anna Abeytia Democrat Nay
Betty J Villegas Democrat Nay
Brian Garcia Democrat Nay
Cesar Aguilar Democrat Nay
Christopher Mathis Democrat Nay
Consuelo Hernandez Democrat Nay
Elda Luna-Nájera Democrat Nay
Janeen Connolly Democrat Nay
Junelle Cavero Democrat Nay
Kevin Volk Democrat Nay
Lorena Austin Democrat Nay
Lupe Contreras Democrat Nay
Lydia Hernandez Democrat Nay
Mae Peshlakai Democrat Nay
Mariana Sandoval Democrat Nay
Myron Tsosie Democrat Not Voting
Nancy Gutierrez Democrat Not Voting
Oscar De Los Santos Democrat Nay
Patty Contreras Democrat Nay
Quantá Crews Democrat Nay
Sarah Liguori Democrat Nay
Seth Blattman Democrat Not Voting
Stacey Travers Democrat Nay
Stephanie Simacek Democrat Nay
Stephanie Stahl Hamilton Democrat Nay
Alexander Kolodin Republican Yea
Beverly Pingerelli Republican Yea
Chris Lopez Republican Yea
Cody Reim Republican Yea
David Livingston Republican Yea
Gail Griffin Republican Yea
James Taylor Republican Yea
Jeff Weninger Republican Yea
John Gillette Republican Yea
Julie Willoughby Republican Not Voting
Justin Olson Republican Yea
Justin Wilmeth Republican Yea
Khyl Powell Republican Nay
Laurin Hendrix Republican Yea
Leo Biasiucci Republican Yea
Lisa Fink Republican Yea
Lupe Diaz Republican Yea
Matt Gress Republican Yea
Michael Carbone Republican Yea
Michael Way Republican Yea
Michele Peña Republican Yea
Neal Carter Republican Yea
Nick Kupper Republican Yea
Pamela Carter Republican Yea
Quang H Nguyen Republican Yea
Rachel Keshel Republican Yea
Ralph Heap Republican Nay
Selina Bliss Republican Yea
Steve Montenegro Republican Not Voting
Sylvia Allen Republican Yea
Teresa Martinez Republican Yea
Tony Rivero Republican Yea
Walt Blackman Republican Yea

Official roll call →

failed to pass

Passed 29 Yea · 26 Nay · 5 Other
Party YeaNayPresentNot Voting
Democrat 02304
Republican 29301
Total 292605
% of votes cast 48%43%0%8%
How each member voted (60)
Member Party Vote
Aaron Márquez Democrat Nay
Alma Hernandez Democrat Not Voting
Anna Abeytia Democrat Nay
Betty J Villegas Democrat Nay
Brian Garcia Democrat Nay
Cesar Aguilar Democrat Nay
Christopher Mathis Democrat Nay
Consuelo Hernandez Democrat Nay
Elda Luna-Nájera Democrat Nay
Janeen Connolly Democrat Nay
Junelle Cavero Democrat Nay
Kevin Volk Democrat Nay
Lorena Austin Democrat Nay
Lupe Contreras Democrat Nay
Lydia Hernandez Democrat Not Voting
Mae Peshlakai Democrat Nay
Mariana Sandoval Democrat Nay
Myron Tsosie Democrat Nay
Nancy Gutierrez Democrat Not Voting
Oscar De Los Santos Democrat Nay
Patty Contreras Democrat Nay
Quantá Crews Democrat Nay
Sarah Liguori Democrat Nay
Seth Blattman Democrat Not Voting
Stacey Travers Democrat Nay
Stephanie Simacek Democrat Nay
Stephanie Stahl Hamilton Democrat Nay
Alexander Kolodin Republican Yea
Beverly Pingerelli Republican Yea
Chris Lopez Republican Yea
Cody Reim Republican Yea
David Livingston Republican Yea
Gail Griffin Republican Yea
James Taylor Republican Yea
Jeff Weninger Republican Yea
John Gillette Republican Yea
Julie Willoughby Republican Yea
Justin Olson Republican Yea
Justin Wilmeth Republican Yea
Khyl Powell Republican Nay
Laurin Hendrix Republican Yea
Leo Biasiucci Republican Yea
Lisa Fink Republican Yea
Lupe Diaz Republican Yea
Matt Gress Republican Yea
Michael Carbone Republican Yea
Michael Way Republican Not Voting
Michele Peña Republican Yea
Neal Carter Republican Yea
Nick Kupper Republican Yea
Pamela Carter Republican Yea
Quang H Nguyen Republican Yea
Rachel Keshel Republican Yea
Ralph Heap Republican Nay
Selina Bliss Republican Yea
Steve Montenegro Republican Yea
Sylvia Allen Republican Nay
Teresa Martinez Republican Yea
Tony Rivero Republican Yea
Walt Blackman Republican Yea

Official roll call →

Passed

Passed 28 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 12001
Republican 16001
Total 28002
% of votes cast 93%0%0%7%
How each member voted (30)
Member Party Vote
Analise Ortiz Democrat Yea
Brian Fernandez Democrat Yea
Catherine Miranda Democrat Yea
Denise “Mitzi” Epstein Democrat Yea
Eva Diaz Democrat Yea
Flavio Bravo Democrat Yea
Kiana Sears Democrat Not Voting
Lauren Kuby Democrat Yea
Lela Alston Democrat Yea
Priya Sundareshan Democrat Yea
Rosanna Gabaldón Democrat Yea
Sally Ann Gonzales Democrat Yea
Theresa Hatathlie Democrat Yea
Carine Werner Republican Yea
David C. Farnsworth Republican Yea
David Gowan Republican Yea
Frank Carroll Republican Yea
Hildy Angius Republican Yea
J.D. Mesnard Republican Yea
Jake Hoffman Republican Yea
Janae Shamp Republican Yea
John Kavanagh Republican Yea
Kevin Payne Republican Not Voting
Mark Finchem Republican Yea
Shawnna Bolick Republican Yea
Thomas "T.J." Shope Republican Yea
Timothy "Tim" Dunn Republican Yea
Venden "Vince" Leach Republican Yea
Warren Petersen Republican Yea
Wendy Rogers Republican Yea

Official roll call →

Subjects

education
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 1004?
SB 1004 is sponsored by John Kavanagh (Republican).
What is the current status of SB 1004?
This bill died with 57th 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 1004?
Track SB 1004 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 1004

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 1004

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →