HB 2870 — residence of sex offenders; regulation

Fifty-seventhHouse LegislatureEngrossed Weningerresidence Secondof Regularsex Sessionoffenders; H.B.

2870regulation WENINGERState FLOORof AMENDMENTArizona House of Representatives Fifty-seventh Legislature Second Regular Session HOUSE OFBILL REPRESENTATIVES2870 AMENDMENTSAN TOACT H.B.AMENDING SECTION 13-3727, ARIZONA REVISED STATUTES;

2870RELATING (ReferenceTO toSEX printedOFFENDERS. bill) Amendment instruction key:

[GREEN(TEXT UNDERLININGOF INBILL BRACKETS]BEGINS indicatesON textNEXT addedPAGE) to- statutei or- previouslyH.B. enacted session law.

[Green2870 underliningBe init brackets]enacted indicatesby textthe addedLegislature toof newthe sessionState lawof orArizona: text restoring existing law.

[GREEN STRIKEOUT IN BRACKETS] indicates new text removed from statute or previously enacted session law.

[Green strikeout in brackets] indicates text removed from existing statute, previously enacted session law or new session law.

<<Green carets>> indicate a section added to the bill.

<<Green strikeout in carets>> indicates a section removed from the bill.

The bill as proposed to be amended is reprinted as follows:

House1. Amendments to H.B.

2870 1.

2.- 1 - H.B.

2870 2.

IT IS UNLAWFUL FOR A PERSON WHO IS [CONVICTEDCONVICTED ON OR AFTER JANUARY 1, 2027, WHO IS]IS REQUIRED TO REGISTER PURSUANT TO SECTION 13-13-3821 3821[,]AND [AND] WHO IS CLASSIFIED AS A LEVEL TWO OR LEVEL THREE OFFENDER PURSUANT TO SECTION 13-3825 [AND WHO IS ON PROBATION OR COMMUNITY SUPERVISION] TO RESIDE [ININ A SINGLE-FAMILY DWELLING]DWELLING WITH ANOTHER PERSON WHO IS REQUIRED TO REGISTER PURSUANT TO SECTION 13-3821.

THIS SUBSECTION DOES NOT APPLY IF [ANYANY OF THE FOLLOWING APPLIES:

1.]1. THE PERSONS ARE LEGALLY RELATED BY BLOOD, MARRIAGE OR ADOPTION.

[2.THE PERSONS ARE LEGALLY RELATED BY BLOOD, MARRIAGE OR ADOPTION.

2.

IT IS UNLAWFUL FOR A PERSON WHO WAS CONVICTED ON OR BEFORE DECEMBER 31, 2026, WHO IS REQUIRED TO REGISTER PURSUANT TO SECTION 13-13-3821, 3821, WHO IS CLASSIFIED AS A LEVEL TWO OR LEVEL THREE OFFENDER PURSUANT TO SECTION 13-3825 AND WHO IS ON PROBATION OR COMMUNITY SUPERVISION TO RESIDE IN A SINGLE-FAMILY DWELLING WITH ANOTHER PERSON WHO IS REQUIRED TO REGISTER PURSUANT TO SECTION 13-3821.

-2-2. House Amendments to H.B.

2870 2.

THE SINGLE-FAMILY DWELLING IS A CERTIFIED BEHAVIORAL HEALTH RESIDENTIAL FACILITY THAT IS SUBJECT TO THE OVERSIGHT OF THE DEPARTMENT OF HEALTH SERVICES AND THAT COMMENCED OPERATION ON OR BEFORE JANUARY 1, 2026.]2026. E.

[F.]E. [G.] 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.

F.

[G.] [H.] For the purposes 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 resides.

[H.]Notwithstanding [I.]any Aother personlaw whoand violatesas thisa sectionmatter is guilty of astatewide classconcern, 1 misdemeanor, except that a personcounty, whocity commits a second or subsequenttown violationshall ofnot subsectionenact A,an paragraphordinance 2that orprovides 3for ofdistance thisrestrictions sectiongreater isthan guiltythose offound ain classthis 6section. felony.

Enroll- and2 engross- toH.B. conform Amend title to conform JEFF WENINGER 2870FloorWENINGER.2.docx 02/24/2026 06:53 PM H:

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H.

For the purposes 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 resides.

G.

I.

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 or 3 of this section is guilty of a class 6 felony.

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