SUMMARY OF NEW LAWS ENACTED : 2008

Below are summaries by Middle Ground Prison Reform of the new laws related to prison, sentencing, courts or other criminal justice issues which were passed by the legislature and signed into law by the Governor.  The legislative session ended in June 27, 2008.  Unless specifically noted, these laws will go into effect on or about September 27, 2008.

HB = House Bill                SB = Senate Bill

We cannot provide hard copies of a bill or bills.  If you want a full copy of the entire final piece of legislation, go to the web site for the Arizona State Legislature and enter the bill # in the small box/rectangle at the upper right hand corner of the home page. Click. Then, when the page for that bill comes up, click on "Bill Overview" and scroll to the bottom of the page where you will see the date that the final vote was taken and the date the governor signed the bill.  In blue, you will see the "Chapter" number.  Click on that number.  The final version of the bill which contains all the adopted amendments, etc. and as signed by the governor will appear.  You can download and photocopy that version, and it will even print at the bottom of the bill the date the governor signed it into law (to become effective at a later date unless designated as an emergency measure)  Any other versions that you download will not be the final version and may be very different in language from the final, signed version.  Most bills go through several versions.   Some bills are very lengthy.  HB 2207, for example, is 167 pages.

According to DOC Mail Policy, this Internet information is permissible for any person to download and send to someone in the prison system.  We welcome distribution of this material in that manner.

Two bills passed this year will be of particular interest.  However, they are not sentence reduction or early prison release eligibility bills, as many people have believed.  Those two bills ( below in red) are:

Senate Bill 1476:  This law will permit the court to shorten a person's term of PROBATION by 20 days for each 30 days that the offender serves on probation wherein he/she makes progress in meeting the goals set forth in the person's "case plan" and is current in payments owed for court-ordered restitution.  Cost savings to probation departments (for having shorter supervision times for offenders) are calculated annually by the Joint Legislative Budget Committee (JLBC) from reports that are required to be filed by each county probation dept.  The legislature must annually appropriate 40% of the savings to the adult probation services fund of each participating county.  Counties must use these funds for specific purposes, including for increasing substance abuse treatment programs for probationers and programs to assist victims and to increase the amount of restitution collected from probationers.  The amount of savings, and thus of the appropriation, is reduced if there is an increase in the number of probationers convicted of a new offense.  The appropriations must supplement and cannot replace current funding from the state and county.  This law will apply to anyone who begins his/her probation supervision period on or after the date in mid-August when the law goes into effect.  It will not affect those on Lifetime Probation.

HB 2207:  Re-organizes chapters in Title 13 of Arizona's criminal code dealing with sentencing and imprisonment.  At the end of the 167-page bill, the "intent" of the bill is expressed as follows: . . . the only substantive change in law is a very limited increase in sentences due to combining a section on sentencing for repeat offenders with a section on sentencing for multiple offense committed on different occasions.  The bill is not retroactive and cannot be applied to anyone whose crime was committed prior to its effective date, which is January 1, 2009.  This is not a bill that reduces sentences nor does it provide any provisions for early release of prisoners.  It does not end the "truth in sentencing (also known as the 85%) law" and it does not have anything to do with prison rumors that the criminal code will change to a 65% sentencing law.  It does nothing of the sort.  Again, the bill is not retroactive and it does not affect anyone currently in prison or anyone who has committed a crime prior to January 1, 2009.

HB 2486:  Re-writes currently existing statutory language which prohibits illegal immigrants from possessing firearms and defines that a "prohibited possessor" is an undocumented alien or a non-immigrant alien.  Some exceptions apply for those with valid hunting licenses, those in competitive shooting events or trade shows, certain diplomats or officials of foresight governments, and those with a valid waiver issued by the U.S. Attorney General.

SB 1011:  The list of persons prohibited from living within 1,000 feet of a school or a child care facility is expanded to include those convicted of a crime in another jurisdiction that, if committed in Arizona, would be considered a dangerous crime against children.  It also clarifies that the 1,000 foot residency restriction is measured in a straight line between the nearest points on the property lines without regard to intervening structures or other objects.  Note:  Recently, a court in New Jersey struck down some residency restriction laws that are similar to Arizona's.  The ruling does NOT apply to Arizona, but if some sex offenders challenge this law in Arizona, especially if they are property owners who have been prohibited from living in their own property due to proximity to a school or child care facility, there is a good chance that such laws in Arizona could be declared unlawful as well. 

SB 1013:  Arrest warrants for outstanding child support no longer require the signature of a judicial officer.  Instead, they can be issued/processed electronically.

SB 1021:  For a sexual predator on probation who is younger than 22 and who was younger than 18 when the offense was committed, a judge, as a result of the annual probationary review may continue, defer or terminate community notification requirements.  Note:  We don't understand the reasoning behind this bill; there is no apparent change from the current law and judges already have this discretion at ARS 13-923.

SB 1113:  Replaces existing language regarding informed consent for HIV testing with a requirement that before an HIV-related test is ordered, the health care provider must provide oral or written informed consent to the patient.  The list of exemptions from the

informed consent information requirement is expanded to include HIB-related testing performed on an anonymous basis at a public health agency.

SB 1067:  A prisoner's time on escape status (which is defined in law) is excluded in determining whether an earlier conviction happened within a specified time period and, therefore, may be considered a historical prior felony conviction for purposes of (enhancement) at sentencing.  Other provisions include increasing the presumptive minimum and maximum sentence for a person conviction of a gang-related class 2 or 3 felony from 3 years to 5 years.

SB 1068:  A defendant may not appeal a final judgment of conviction, a verdict of guilty except insane, or an order denying a motion for a new trial if the defendant's absence prevents sentencing from occurring within 90 days after conviction, unless the defendant can prove by clear and convincing evidence that the absence was involuntary.

HB 2276:  Repeals Laws 2007, Chap. 181 dealing w/ interest on arrearages in child support, replacing it with language stipulating that whether or not the support has been reduced to a final money judgment, Internet accrues only on the principal and not on the interest.  A final money judgment for past support entered after the effective date of this statute shall not accrue interest for any time period.  Also, this law allows the recipient of child support payments to waive arrearages.

SB 1456:  If a public record is kept exclusively on photography, film, microfiche, digital imaging or other types of reproductions or electronic media, it is exempt from the requirement that it be maintained on "standard size" documents.  Such public records must also be protected from loss or destruction in the same manner as other public records.  If public records are digitized or microfilmed, the source documents may be destroyed, but only after an administrative audit and implementation of safeguards to protect the public records.

HB 2129:  It is a class 3 felony for a person 18 years or over to misrepresent his/her age on the Internet to a recipient whom the person knows or has reason to know is a minor for the purpose of committing a sexual offense that would require the person to register as a sex offender.  The list of "dangerous crimes against children" is expanded to include unlawful age misrepresentation.

SB 1282:  An adult may adopt any other adult who is between age 18 and 21 if the prospective adoptee gives consent.  Formerly, the adult adoptee had to be the step-child, niece, nephew, cousin, grandchild or foster child of the adopting person.

HB 2842:  The definition of "smuggling of human beings" is expanded to include the use of property (including, but not limited to, real estate) by a person or entity that knows the property is being used to facilitate the transport of illegal aliens.  Owning, selling or leasing a property that the person or company knows will be used as a drop house (defined in the law) for human smuggling is a class 4 felony.  It is a defense to prosecution if the person becomes aware of the property's use as a drop house after purchasing, selling or leasing the property and the person reports this information to law enforcement authorities.

HB 2444:  If a person committing assault knows or has reason to know that the victim is a constable engaged in official duties, the assault is classified as aggravated assault and is punishable as a class 5 felony offense.

SB 1355:  For sentencing purposes, the list of predicate felonies committed against a child by a person convicted of a serious crime against children in the second degree that is charged as a class 3 felony with a presumptive sentence of 10 years in prison is expanded to included attempted first degree murder of a minor, second degree murder of a minor, sexual assault of a minor, sexual contact with a minor and making meth in a way that causes injury to a minor.  In all cases, a "minor" is defined as a child under the age of 12 years old.

SB 1016:  The definition of the crime of unlawful sexual contact with an inmate in a correctional facility (prison or jail, publicly funded or a private facility) is changed to specify that the conduct must have been intentionally or knowingly engaged in.  IT IS NO LONGER A FELONY FOR A PRISONER TO HAVE SEXUAL CONTACT WITH A CORRECTION STAFF MEMBER; IT IS A FELONY FOR A CORRECTIONAL STAFF MEMBER, DETENTION OFFICER, ETC. TO HAVE SEXUAL CONTACT WITH A PRISONER IF THE CONDUCT WAS INTENTIONAL OR KNOWINGLY ENGAGED IN.  MIDDLE GROUND WAS INSTRUMENTAL IN INITIATING THE CHANGES IN THIS LAW TO REMOVE THE CRIME FROM THE PRISONER'S RESPONSIBILITY.

SB 1336:  The list of persons for whom conviction of sexual misconduct with a minor who is at least 15 years old will be classified as a class 2 felony is expanded to include the minor's teacher (defined in the law), clergyman or priest.  Formerly, class 2 felony status applied only if the offender was the minor's parent, stepparent, adoptive parent, foster parent or legal guardian.

HB 2480:  A person commits "aggravated luring a minor for sexual exploitation" if s/he uses an electronic communication device (which is defined in law) to transmit to a person the sender knows, has reason to know or believes is a minor visual material for the purpose of offering or soliciting sexual conduct.  Aggravated luring a minor for sexual exploitation is a class 2 felony.  It is added to the list of crimes that constitute "dangerous crimes against children," and persons convicted must register with local law enforcement as a sexual predator.  It is a defense against the charge if the victim is between 15 and 17, the defendant is under 19 (or is still attending high school), and is no more than 24 months older than the victim, and the conduct is consensual.  The electronic device used in the commission of an offense must be forfeited and sold or destroyed upon a person's conviction.

HB 2634:  A person who has been convicted of a felony but has had the conviction expunged, set aside or vacated, or has had his/her rights restored and who is not currently a prohibited possessor under state or federal law may be issued a concealed weapons permit by the DPS (Department of Public Safety).

SB 1332:  Clarifies that a person charged with a specified felony or misdemeanor (sex crimes, first and second degree burglary and certain serious crimes) and who is summoned to appear in court must submit to DNA testing only under certain circumstances.  The apparent purpose of this bill is to eliminate occasions when a defendant may be required to submit to DNA testing multiple times during procedures related to the same offense or arrest.  Also, establishes the requirement for DNA testing for juveniles arrested for specified crimes.

HB 2159:  Public bodies (such as Dept. of Corrections, Board of Executive Clemency) must maintain records of disciplinary actions involving employees and public officers.  Records should include the person's response to a disciplinary action.  The records shall be open for inspection unless disclosure is specifically prohibited by law.  Disclosure as defined in this act does not include release of the employee's home address, phone or photograph of persons whose personal information is protected by law.

Source for much of above material:  Arizona Capitol Times Newspaper, July 11, 2008