Bill Text: AZ HB2604 | 2016 | Fifty-second Legislature 2nd Regular | Introduced
Bill Title: White collar crime offender registry
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2016-05-05 - Introduced in House and read first time [HB2604 Detail]
Download: Arizona-2016-HB2604-Introduced.html
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REFERENCE TITLE: white collar crime offender registry |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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HB 2604 |
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Introduced by Representatives McCune Davis, Benally, Mendez, Rios, Velasquez: Alston, Fernandez, Friese, Gonzales, Meyer
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AN ACT
amending title 41, Arizona Revised Statutes, by adding chapter 53; appropriating monies; relating to the attorney general.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, Arizona Revised Statutes, is amended by adding chapter 53, to read:
CHAPTER 53
WHITE COLLAR CRIME OFFENDER REGISTRY
ARTICLE 1. GENERAL PROVISIONS
41-5301. Definitions
In this chapter, unless the context otherwise requires:
1. "Certificate of eligibility" means a document issued by the department stating that the offender has met the requirements of section 41‑5306.
2. "Department" means the department of public safety.
3. "Offender" means an individual required to register as provided in section 41‑5304.
4. "Registry" means the white collar crime offender registry website.
41-5302. Attorney general; duties
A. The attorney general shall:
1. Develop and operate a system to collect, analyze, maintain and disseminate information on offenders.
2. Make information prescribed in section 41‑5303 available to the public.
3. PRovide the following information, if available:
(a) The crimes for which the offender has been convicted.
(b) A description of the offender's target victims.
(c) Any other RELEVANT identifying information as determined by the attorney general.
4. Maintain the registry.
5. ensure that information is entered into the registry.
6. Adopt rules to implement this chapter.
B. Before an offender is released from confinement, the state department of corrections in conjunction with the department of public safety and each county sheriff, in the manner PRESCRIBED by the attorney general, shall forward the offender's records to the attorney general.
41-5303. White collar crime offender registry website; immunity
A. The attorney general shall establish and maintain the white collar crime offender registry website. Except as provided in subsection E of this section, the registry must include the following information for each convicted offender who is required to register pursuant to section 41‑5304:
1. All names and aliases by which the offender is or has been known, excluding any online or internet identifiers.
2. A physical description, including the offender's date of birth, height, weight and eye and hair color.
3. A recent photograph of the offender.
4. The offenses committed pursuant to section 41‑5304.
B. The registry must contain a disclaimer informing the public that:
1. The information contained on the registry is obtained from public records and the attorney general does not guarantee the registry's accuracy or completeness.
2. Members of the public may not use the information to harass or threaten offenders or members of their families.
3. harassment, stalking or making threats against offenders or their families is prohibited and violates state law.
C. The attorney general shall:
1. Index the registry by the surname of the offender.
2. Construct the registry so that before accessing registry information, the user must indicate that the user has read and understands the disclaimer and agrees to comply with the disclaimer's terms.
D. The attorney general AND ANY INDIviDUAL OR ENTITY ACTING AT THE REQUEST OR ON DIRECTION OF THE ATTORNEY GENERAL ARE IMMUNE FROM CIVIL LIABILITY FOR DAMAGES AND ARE PRESUMED TO HAVE ACTED IN GOOD FAITH BY REPORTING THE INFORMATION.
e. tHE ATTORNEY GENERAL SHALL REDACT from the registry THE NAMES, ADDRESSES, PHONE NUMBERS AND SOCIAL SECURITY NUMBERs AND ANY OTHER INFORMATION THAT, IF DISCLOSED, SPECIFICALLY IDENTIFIES INDIVIDUAL VICTIMS.
41-5304. Offenses; registry
A person who has been convicted of any of the following offenses shall register with the attorney general:
1. Business and commercial fraud pursuant to title 13, chapter 22.
2. Theft pursuant to section 13‑1802, subsection A, paragraph 3.
3. Financial exploitation pursuant to section 46‑456.
4. Residential mortgage fraud pursuant to section 13‑2320.
5. Telecommunications fraud pursuant to section 13‑3707.
6. Money laundering pursuant to section 13‑2317.
7. securities fraud pursuant to title 44, chapter 12, article 13.
41-5305. Registration of offenders; exemptions
A. An offender who has been convicted of any offense prescribed in section 41‑5304 shall be listed on the registry for:
1. A period of ten years for a first offense.
2. a second period of ten years for a second conviction.
3. A lifetime for a third or subsequent conviction.
B. Except as PROVIDED in subsection C of this section, an offender who has been convicted of any offense prescribed in section 41‑5304 after December 31, 2016 shall register with the attorney general pursuant to section 41‑5304.
C. An offender is not required to register pursuant to section 41‑5304 if the offender does all of the following:
1. complies with all court orders at the time of sentencing.
2. pays in full all court‑ordered amounts of restitution to victims.
3. is not convicted of any other offense for which registration is required.
41-5306. Certificate of eligibility; violation; classification; notice removal
A. An offender may petition the court where the offender was convicted of the offense for which registration is required for an order to remove the offender from the registry if:
1. Five years have passed since the completion of the offender's sentence.
2. The offender has successfully completed all treatment ordered by the court.
3. The offender has not been convicted of any other crime.
4. The offender has paid all restitution ordered by the court.
5. Notice has been delivered to the victims and the office that prosecuted the offender.
6. The offender has not been found to be civilly liable in any case in which fraud, misrepresentation, deceit, breach of fiduciary duty or the misuse or misappropriation of monies is an element.
B. An offender seeking removal from the registry shall apply to the department for a certificate of eligibility.
C. An offender who intentionally or knowingly provides any false or misleading information to the department in applying for a certificate of eligibility is guilty of a class 3 misdemeanor. Regardless of whether the offender is prosecuted, the department may deny a certificate of eligibility to any person who provides false information on an application under this section.
D. The department shall check the records of governmental agencies, including national criminal databases, to determine whether an offender is eligible to receive a certificate of eligibility under this section. If the offender meets all of the criteria under this section, the department shall issue a certificate of eligibility to the offender, which is valid for a period of ninety days after the date the certificate is issued. The department shall charge an application fee for the certificate of eligibility in an amount to be determined by the director of the department. The fee shall be paid at the time the offender applies for a certificate of eligibility.
E. If the department determines that the offender is eligible for a certificate of eligibility, the department shall issue to the offender a certificate of eligibility. The offender shall file a petition for removal from the registry with the court and provide the court with a copy of the certificate of eligibility issued pursuant to this subsection. The offender shall deliver a copy of the petition to the office of the prosecutor.
F. On receipt of a petition for removal from the registry, the office of the prosecutor shall provide notice of the petition by first class mail to the victim at the most recent addresses of record on file. The notice shall:
1. Include a copy of the petition for removal from the registry.
2. State that the victim has a right to object to the removal of the offender from the registry.
3. Provide instructions for filing an objection with the court.
G. The office of the prosecutor shall provide all of the following, if available, to the court within thirty days after receiving the petition:
1. A presentence report.
2. Any evaluation done as part of sentencing.
3. Any other information the office of the prosecutor feels the court should consider.
H. The victim may respond to the petition by filing a recommendation or objection with the court within forty‑five days after receipt of the petition. The court shall review the petition and all documents submitted with the petition and hold a hearing if requested by the office of the prosecutor or the victim.
I. If the court grants the petition and orders removal of the offender from the registry, the court shall forward a copy of the order directing removal of the offender from the registry to the attorney general and the office of the prosecutor. The attorney general shall remove an offender from the registry on order of the court.
Sec. 2. Appropriation; attorney general
The sum of $100,000 is appropriated from the state general fund in fiscal year 2016-2017 to the attorney general to establish the white collar crime offender registry.
