HB 4136 — unlawful entry; vulnerable adults; vagrants

Fifty-seventhHouse LegislatureEngrossed Judiciaryunlawful Secondentry; Regular Session H.B.

4136vulnerable PROPOSEDadults; HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B.

vagrants State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session HOUSE BILL 4136 (ReferenceAN toACT printedAMENDING bill)TITLE Amendment13, instructionCHAPTER key:15, ARIZONA REVISED STATUTES, BY ADDING SECTION 13-1510;

[GREENAMENDING UNDERLININGSECTION IN13-3821, BRACKETS]ARIZONA indicatesREVISED textSTATUTES; added to statute or previously enacted session law.

[GreenRELATING underliningTO inCRIMINAL brackets]TRESPASS. indicates text added to new session law or text restoring existing law.

[GREEN(TEXT STRIKEOUTOF INBILL BRACKETS]BEGINS indicatesON newNEXT textPAGE) removed- fromi statute- orH.B. previously enacted session law.

[Green4136 strikeoutBe init brackets]enacted indicatesby textthe removedLegislature fromof existingthe statute,State previouslyof enactedArizona: 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:

THE PERSON KNOWINGLY ENTERS OR REMAINS IN OR ON A RESIDENTIAL STRUCTURE IN OR ON WHICH A VULNERABLE ADULT IS RESIDING.RESIDING IN VIOLATION OF SECTION 13-1507, 13-1508 OR 13-2923.

THE PERSON KNOWINGLY ENTERS OR REMAINS IN OR ON A RESIDENTIAL STRUCTURE IN OR ON WHICH A VULNERABLE ADULT IS RESIDING.RESIDING IN VIOLATION OF SECTION 13-1507, 13-1508 OR 13-2923.

THE PERSON COMMITS ANY OF THE FOLLOWING:FOLLOWING AGAINST THE VULNERABLE ADULT WHILE IN THE RESIDENCE:

House(b) AmendmentsAN toOFFENSE H.B.UNDER SECTION 13-1307 OR 13-3019.

4136 (b) AN OFFENSE UNDER SECTION 13-1307 OR 13-3019.

[C.C.

A LAWVIOLATION ENFORCEMENTOF OFFICERSUBSECTION SHALLB IMMEDIATELYOF ARRESTTHIS ASECTION PERSONIS WHO COMMITS A VIOLATIONCLASS OF3 THISFELONY. SECTION.

D.

THIS SECTION DOES NOT PRECLUDE THE COURT FROM IMPOSING ANY OTHER SENTENCE THAT IS AUTHORIZED BY LAW.] [E.] [D.] A VIOLATION OF SUBSECTION B OF THIS SECTION IS A CLASS 3 FELONY.

[F.]D. [E.] FOR PURPOSES OF THIS SECTION[:

1.FOR THE PURPOSES OF THIS SECTION "VULNERABLE ADULT" HAS THE SAME MEANING PRESCRIBED IN SECTION 46-451.

"Person" includes a vagrant.

2.] "VULNERABLE ADULT" HAS THE SAME MEANING PRESCRIBED IN SECTION 46-451.

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- not1 guilty- byH.B. 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:

4136 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:

-2-11. House Amendments to H.B.

4136 11.

19.- 2 - H.B.

4136 19.

A person who has been convicted, adjudicated guilty except insane or adjudicated delinquent and who is required to register in the -3-convicting Houseor Amendmentsadjudicating 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 H.B.register pursuant to this section if the person is either:

4136 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:

F.- 3 - H.B.

4136 F.

(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 -4-the Houseresidence Amendmentsif tothe H.B.residence is privately owned and not offered for rent or lease.

4136 the residence if the residence is privately owned and not offered for rent or lease.

(d)- If4 the- personH.B. does not have an address or a permanent place of residence, 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.

4136 (d) If the person does not have an address or a permanent place of residence, 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.

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 -5-department Houseof Amendmentspublic tosafety H.B.and shall make community notification as required by law.

4136 department of public safety and shall make community notification as required by law.

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- a5 period- ofH.B. 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.