Bill Text: AZ SB1660 | 2020 | Fifty-fourth Legislature 2nd Regular | Engrossed


Bill Title: Child sex trafficking; omnibus

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Engrossed) 2020-05-20 - Assigned to House RULES Committee [SB1660 Detail]

Download: Arizona-2020-SB1660-Engrossed.html

 

 

 

Senate Engrossed

 

 

 

 

State of Arizona

Senate

Fifty-fourth Legislature

Second Regular Session

2020

 

 

 

SENATE BILL 1660

 

 

 

AN ACT

 

amending sections 8‑514, 12‑283, 13‑107, 13‑705, 13‑706, 13‑1401, 13‑3206, 13‑3821 and 13‑3827, Arizona Revised Statutes; amending title 13, chapter 38, article 30, Arizona Revised Statutes, by adding section 13‑4254; amending section 15‑203, Arizona Revised Statutes; amending title 15, chapter 2, article 2, Arizona Revised Statutes, by adding section 15‑245; amending sections 41‑1758.03 and 41‑1758.07, Arizona Revised Statutes; relating to child sex trafficking.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 8-514, Arizona Revised Statutes, is amended to read:

START_STATUTE8-514.  Placement in foster homes

A.  Subject to the provisions of section 8‑514.01, the division or a licensed child welfare agency if so authorized in its license may place a child in a licensed foster home for care or for adoption.  Notwithstanding any law to the contrary, the division or a licensed child welfare agency may place a child in excess of the number of children allowed and identified in a foster parent's license if the division or agency reasonably believes the foster home has the ability to safely handle additional children, there are no outstanding concerns, deficiencies, reports or investigations known by the division regarding the foster home, and the child meets any of the following criteria:

1.  The child is part of a sibling group that currently resides in the foster home.

2.  The child is part of a sibling group that is being considered for placement in a foster home but because of the maximum child limit would otherwise have to be separated. 

3.  The child previously resided in the foster home.

4.  The child is a kinship placement for the foster home.

B.  The department shall place a child in the least restrictive type of placement available, consistent with the best interests of the child.  The order for placement preference is as follows:

1.  With a parent.

2.  With a grandparent.

3.  In kinship care with another member of the child's extended family, including a person who has a significant relationship with the child.  A foster parent or kinship caregiver with whom a child under three years of age has resided for nine months or more is presumed to be a person who has a significant relationship with the child.

4.  In licensed family foster care.

5.  In therapeutic foster care.

6.  In a group home.

7.  In a residential treatment facility.

C.  Notwithstanding subsection B of this section, the order for placement preference of a Native American child is as follows:

1.  With a member of the child's extended family.

2.  In a licensed family foster home approved or specified by the child's tribe.

3.  In an Indian foster home licensed or approved by an authorized non‑Indian licensing authority.

4.  In an institution approved by the Indian tribe or operated by an Indian organization that has a program suitable to meet the Indian child's needs pursuant to 25 United States Code chapter 21.

D.  At the time of placement there shall be presented to the foster parents, by the agency or division placing the child, a written summary of known, unprivileged information regarding the child, including the following:

1.  Demographic information.

2.  Type of custody and previous placement.

3.  Pertinent family information including but not limited to the names of family members who, by court order, may not visit the child.

4.  Known or available medical history including but not limited to:

(a)  Allergies.

(b)  Immunizations.

(c)  Childhood diseases.

(d)  Physical disabilities.

(e)  Other idiosyncrasies.

(f)  The child's last doctor, if known.

5.  A summary of the child's history of adjudication on acts of delinquency, as may be public record and available in the file of the clerk of the superior court.

E.  The responsibility of the agency or the division for a child placed in a foster home shall be defined in writing and accepted by the person receiving the child.  The agency or division shall make available to the foster parents a method of acquiring emergency information that may be necessary to deal with situations that may arise pursuant to their responsibilities as foster parents.

F.  Every foster home shall maintain a record of the children received, which shall include facts in regard to the children and their care and shall be in the form and kept in the manner prescribed by the division.

G.  In addition to any other relevant factors, the department shall consider the following in determining whether a placement is in the best interests of the child:

1.  The caregiver is interested in providing permanence for the child if reunification efforts ultimately fail.

2.  The expressed wishes of the birth parent and child, if applicable, unless the wishes are contrary to law.

3.  The relationship of the caregiver with the child and the child's family.

4.  The proximity of the placement home to the parents' home and the child's current school or school district.

5.  The strengths and parenting style of the caregiver in relation to the child's behavior and needs.

6.  The caregiver's willingness to communicate and interact with the birth family to support visitation and the reunification process.

7.  The caregiver's ability and willingness to accept placement of the child and all or any of the child's siblings.

8.  If any sibling will be placed separately, the caregiver's ability and willingness to provide or assist in maintaining frequent visitation or other ongoing contact between the child and the child's sibling.

9.  The child's fit with the family with regard to age, gender and sibling relationships.

10.  If the child has chronic behavioral health needs:

(a)  Whether the child's behavior will place other children in the home at risk.

(b)  The caregiver's ability to provide the necessary level of supervision to prevent harm to the child or others by the child.

11.  Whether placement in the home would comply with the placement preferences prescribed by 25 United States Code section 1915, if applicable.

H.  Before a child is placed in the foster care system or a group home setting, the department shall provide children with age‑appropriate materials and resources on preventing and reporting child sexual abuse, including child sex trafficking.  the materials may include a twenty‑four‑hour hotline telephone number, contact information for trusted authorities and examples of safe versus unsafe behaviors. END_STATUTE

Sec. 2.  Section 12-283, Arizona Revised Statutes, is amended to read:

START_STATUTE12-283.  Powers and duties

A.  The clerk, in addition to the other duties prescribed by law or rule of court, shall:

1.  Attend each session of the court held in the county.

2.  Keep a list of fees charged in actions.

3.  Keep records required by law or rule of court.

4.  On or before January 15 of each year, Compile and submit a report on the number of civil actions that are filed in the superior court pursuant to section 12‑514 and the age of the plaintiff in each case.  The clerk shall submit the report to the governor and the legislature and provide a copy of this report to the secretary of state. 

B.  The clerk may provide a consumer reporting agency as defined in section 44‑1691 with a copy of:

1.  A court order obligating a person to pay child support or spousal maintenance.

2.  An order for assignment under section 25‑323 or 25‑504.

C.  A clerk who provides the information in subsection B of this section to a consumer reporting agency shall also provide the information to the child support enforcement administration in the department of economic security.

D.  The clerk, in accordance with procedures established by the board of supervisors, may appoint deputies, clerks and assistants necessary to conduct the affairs of the office of the clerk.  The appointments shall be in writing.  The clerk shall be the appointing authority and shall administer and supervise all employees of the clerk's office.

E.  The clerk shall submit an annual budget request, which shall be coordinated with the presiding judge, to the county board of supervisors.  The clerk shall be responsible for the funds appropriated by the board to the clerk.

F.  The clerk shall maintain and provide access to court records in accordance with applicable law or rule of court.  The clerk shall keep a docket in the form and style as prescribed by the supreme court.

G.  The clerk is responsible for the operations of the clerk's office.

H.  The clerk may provide programs to assist in the enforcement of child support, spousal maintenance and parenting time and in the establishment and modification of child support.

I.  The clerk shall compile and publish electronically all superior court criminal case minute entries, except as otherwise prohibited by law.  At a minimum, the information shall be arranged or searchable by the case name, the case number and the name of the judge or commissioner. END_STATUTE

Sec. 3.  Section 13-107, Arizona Revised Statutes, is amended to read:

START_STATUTE13-107.  Time limitations

A.  A prosecution for any homicide, any conspiracy to commit homicide that results in the death of a person, any offense that is listed in chapter 14 or 35.1 of this title and that is a class 2 felony, any violent sexual assault pursuant to section 13‑1423, any violation of section 13‑2308.01, or 13‑2308.03 or 13‑3212, any misuse of public monies or a felony involving falsification of public records or any attempt to commit an offense listed in this subsection may be commenced at any time.

B.  Except as otherwise provided in this section and section 28‑672, prosecutions for other offenses must be commenced within the following periods after actual discovery by the state or the political subdivision having jurisdiction of the offense or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs:

1.  For a class 2 through a class 6 felony, seven years.

2.  For a misdemeanor, one year.

3.  For a petty offense, six months.

C.  For the purposes of subsection B of this section, a prosecution is commenced when an indictment, information or complaint is filed.

D.  The period of limitation does not run during any time when the accused is absent from the state or has no reasonably ascertainable place of abode within the state.

E.  The period of limitation does not run for a serious offense as defined in section 13‑706 during any time when the identity of the person who commits the offense or offenses is unknown.

F.  The time limitation within which a prosecution of a class 6 felony shall commence shall be determined pursuant to subsection B, paragraph 1 of this section, irrespective of whether a court enters a judgment of conviction for or a prosecuting attorney designates the offense as a misdemeanor.

G.  If a complaint, indictment or information filed before the period of limitation has expired is dismissed for any reason, a new prosecution may be commenced within six months after the dismissal becomes final even if the period of limitation has expired at the time of the dismissal or will expire within six months of the dismissal. END_STATUTE

Sec. 4.  Section 13-705, Arizona Revised Statutes, is amended to read:

START_STATUTE13-705.  Dangerous crimes against children; sentences; definitions

A.  A person who is at least eighteen years of age and who is convicted of a dangerous crime against children in the first degree involving sexual assault of a minor who is twelve years of age or younger or sexual conduct with a minor who is twelve years of age or younger shall be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31‑233, subsection A or B until the person has served thirty‑five years or the sentence is commuted.  This subsection does not apply to masturbatory contact.

B.  Except as otherwise provided in this section, a person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a dangerous crime against children in the first degree involving attempted first degree murder of a minor who is under twelve years of age, second degree murder of a minor who is under twelve years of age, sexual assault of a minor who is under twelve years of age, sexual conduct with a minor who is under twelve years of age or manufacturing methamphetamine under circumstances that cause physical injury to a minor who is under twelve years of age may be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31‑233, subsection A or B until the person has served thirty‑five years or the sentence is commuted.  If a life sentence is not imposed pursuant to this subsection, the person shall be sentenced to a term of imprisonment as follows:

Minimum                 Presumptive             Maximum

13 years                20 years                27 years

C.  Except as otherwise provided in this section, a person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a dangerous crime against children in the first degree involving attempted first degree murder of a minor who is twelve, thirteen or fourteen years of age, second degree murder of a minor who is twelve, thirteen or fourteen years of age, sexual assault of a minor who is twelve, thirteen or fourteen years of age, taking a child for the purpose of prostitution child sex trafficking pursuant to section 13-3206, child sex trafficking pursuant to section 13-3212, sexual conduct with a minor who is twelve, thirteen or fourteen years of age, continuous sexual abuse of a child or manufacturing methamphetamine under circumstances that cause physical injury to a minor who is twelve, thirteen or fourteen years of age or involving or using minors in drug offenses shall be sentenced to a term of imprisonment as follows:

Minimum                 Presumptive             Maximum

13 years                20 years                27 years

A person who has been previously convicted of one predicate felony shall be sentenced to a term of imprisonment as follows:

Minimum                 Presumptive             Maximum

23 years                30 years                37 years

D.  Except as otherwise provided in this section, a person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a dangerous crime against children in the first degree involving aggravated assault, unlawful mutilation, molestation of a child, commercial sexual exploitation of a minor, sexual exploitation of a minor, aggravated luring a minor for sexual exploitation, child abuse or kidnapping shall be sentenced to a term of imprisonment as follows:

Minimum                 Presumptive             Maximum

10 years                17 years                24 years

A person who has been previously convicted of one predicate felony shall be sentenced to a term of imprisonment as follows:

Minimum                 Presumptive             Maximum

21 years                28 years                35 years

E.  Except as otherwise provided in this section, if a person is at least eighteen years of age or has been tried as an adult and is convicted of a dangerous crime against children involving luring a minor for sexual exploitation, sexual extortion or unlawful age misrepresentation and is sentenced to a term of imprisonment, the term of imprisonment is as follows and the person is not eligible for release from confinement on any basis except as specifically authorized by section 31‑233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41‑1604.07 or the sentence is commuted:

Minimum                 Presumptive             Maximum

5 years                 10 years                15 years

A person who has been previously convicted of one predicate felony shall be sentenced to a term of imprisonment as follows and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31‑233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41‑1604.07 or the sentence is commuted:

Minimum                 Presumptive             Maximum

8 years                 15 years                22 years

F.  Except as otherwise provided in this section, if a person is at least eighteen years of age or has been tried as an adult and is convicted of a dangerous crime against children involving sexual abuse or bestiality under section 13‑1411, subsection A, paragraph 2 and is sentenced to a term of imprisonment, the term of imprisonment is as follows and the person is not eligible for release from confinement on any basis except as specifically authorized by section 31‑233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41‑1604.07 or the sentence is commuted:

Minimum                 Presumptive             Maximum

2.5 years               5 years                 7.5 years

A person who has been previously convicted of one predicate felony shall be sentenced to a term of imprisonment as follows and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31‑233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41‑1604.07 or the sentence is commuted:

Minimum                 Presumptive             Maximum

8 years                 15 years                22 years

G.  The presumptive sentences prescribed in subsections B, C and D of this section or subsections E and F of this section if the person has previously been convicted of a predicate felony may be increased or decreased pursuant to section 13‑701, subsections C, D and E.

H.  Except as provided in subsection F of this section, a person who is sentenced for a dangerous crime against children in the first degree pursuant to this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31‑233, subsection A or B until the sentence imposed by the court has been served or commuted.

I.  A person who is convicted of any dangerous crime against children in the first degree pursuant to subsection C or D of this section and who has been previously convicted of two or more predicate felonies shall be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31‑233, subsection A or B until the person has served not fewer than thirty‑five years or the sentence is commuted.

J.  Notwithstanding chapter 10 of this title, a person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a dangerous crime against children in the second degree pursuant to subsection B, C or D of this section is guilty of a class 3 felony and if the person is sentenced to a term of imprisonment, the term of imprisonment is as follows and the person is not eligible for release from confinement on any basis except as specifically authorized by section 31‑233, subsection A or B until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41‑1604.07 or the sentence is commuted:

Minimum                 Presumptive             Maximum

5 years                 10 years                15 years

K.  A person who is convicted of any dangerous crime against children in the second degree and who has been previously convicted of one or more predicate felonies is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31‑233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41‑1604.07 or the sentence is commuted.

L.  Section 13‑704, subsection J and section 13‑707, subsection B apply to the determination of prior convictions.

M.  The sentence imposed on a person by the court for a dangerous crime against children under subsection D of this section involving child molestation or sexual abuse pursuant to subsection F of this section may be served concurrently with other sentences if the offense involved only one victim.  The sentence imposed on a person for any other dangerous crime against children in the first or second degree shall be consecutive to any other sentence imposed on the person at any time, including child molestation and sexual abuse of the same victim.

N.  In this section, for purposes of punishment an unborn child shall be treated like a minor who is under twelve years of age.

O.  A dangerous crime against children is in the first degree if it is a completed offense and is in the second degree if it is a preparatory offense, except attempted first degree murder is a dangerous crime against children in the first degree.

P.  It is not a defense to a dangerous crime against children that the minor is a person posing as a minor or is otherwise fictitious if the defendant knew or had reason to know the purported minor was under fifteen years of age.

Q.  For the purposes of this section:

1.  "Dangerous crime against children" means any of the following that is committed against a minor who is under fifteen years of age:

(a)  Second degree murder.

(b)  Aggravated assault resulting in serious physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.

(c)  Sexual assault.

(d)  Molestation of a child.

(e)  Sexual conduct with a minor.

(f)  Commercial sexual exploitation of a minor.

(g)  Sexual exploitation of a minor.

(h)  Child abuse as prescribed in section 13‑3623, subsection A, paragraph 1.

(i)  Kidnapping.

(j)  Sexual abuse.

(k)  Taking a child for the purpose of prostitution child sex trafficking as prescribed in section 13‑3206.

(l)  Child sex trafficking as prescribed in section 13‑3212.

(m)  Involving or using minors in drug offenses.

(n)  Continuous sexual abuse of a child.

(o)  Attempted first degree murder.

(p)  Sex trafficking.

(q)  Manufacturing methamphetamine under circumstances that cause physical injury to a minor.

(r)  Bestiality as prescribed in section 13‑1411, subsection A, paragraph 2.

(s)  Luring a minor for sexual exploitation.

(t)  Aggravated luring a minor for sexual exploitation.

(u)  Unlawful age misrepresentation.

(v)  Unlawful mutilation.

(w)  Sexual extortion as prescribed in section 13‑1428.

2.  "Predicate felony" means any felony involving child abuse pursuant to section 13‑3623, subsection A, paragraph 1, a sexual offense, conduct involving the intentional or knowing infliction of serious physical injury or the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument, or a dangerous crime against children in the first or second degree. END_STATUTE

Sec. 5.  Section 13-706, Arizona Revised Statutes, is amended to read:

START_STATUTE13-706.  Serious, violent or aggravated offenders; sentencing; life imprisonment; definitions

A.  A person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a serious offense except a drug offense, first degree murder or any dangerous crime against children as defined in section 13‑705, whether a completed or preparatory offense, and who has previously been convicted of two or more serious offenses not committed on the same occasion shall be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis, except as specifically authorized by section 31‑233, subsection A or B, until the person has served at least twenty-five years or the sentence is commuted.

B.  Unless a longer term of imprisonment or death is the prescribed penalty and notwithstanding any provision that establishes a shorter term of imprisonment, a person who has been convicted of committing or attempting or conspiring to commit any violent or aggravated felony and who has previously been convicted on separate occasions of two or more violent or aggravated felonies not committed on the same occasion shall be sentenced to imprisonment for life and is not eligible for suspension of sentence, probation, pardon or release on any basis except that the person may be eligible for commutation after the person has served at least thirty‑five years.

C.  In order for the penalty under subsection B of this section to apply, both of the following must occur:

1.  The aggravated or violent felonies that comprise the prior convictions shall have been entered within fifteen years of the conviction for the third offense, not including time spent in custody or on probation for an offense or while the person is an absconder.

2.  The sentence for the first aggravated or violent felony conviction shall have been imposed before the conduct occurred that gave rise to the second conviction, and the sentence for the second aggravated or violent felony conviction shall have been imposed before the conduct occurred that gave rise to the third conviction.

D.  Chapter 3 of this title applies to all offenses under this section.

E.  For the purposes of this section, if a person has been convicted of 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 this section and that has the same elements of an offense listed in this section, the offense committed in another jurisdiction is considered an offense committed in this state.

F.  For the purposes of this section:

1.  "Serious offense" means any of the following offenses if committed in this state or any offense committed outside this state that if committed in this state would constitute one of the following offenses:

(a)  First degree murder.

(b)  Second degree murder.

(c)  Manslaughter.

(d)  Aggravated assault resulting in serious physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.

(e)  Sexual assault.

(f)  Any dangerous crime against children.

(g)  Arson of an occupied structure.

(h)  Armed robbery.

(i)  Burglary in the first degree.

(j)  Kidnapping.

(k)  Sexual conduct with a minor under fifteen years of age.

(l)  Child sex trafficking.

2.  "Violent or aggravated felony" means any of the following offenses:

(a)  First degree murder.

(b)  Second degree murder.

(c)  Aggravated assault resulting in serious physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.

(d)  Dangerous or deadly assault by prisoner.

(e)  Committing assault with intent to incite to riot or participate in riot.

(f)  Drive by shooting.

(g)  Discharging a firearm at a residential structure if the structure is occupied.

(h)  Kidnapping.

(i)  Sexual conduct with a minor that is a class 2 felony.

(j)  Sexual assault.

(k)  Molestation of a child.

(l)  Continuous sexual abuse of a child.

(m)  Violent sexual assault.

(n)  Burglary in the first degree committed in a residential structure if the structure is occupied.

(o)  Arson of an occupied structure.

(p)  Arson of an occupied jail or prison facility.

(q)  Armed robbery.

(r)  Participating in or assisting a criminal syndicate or leading or participating in a criminal street gang.

(s)  Terrorism.

(t)  Taking a child for the purpose of prostitution child sex trafficking.

(u)  Child sex trafficking.

(v)  Commercial sexual exploitation of a minor.

(w)  Sexual exploitation of a minor.

(x)  Unlawful introduction of disease or parasite as prescribed by section 13‑2912, subsection A, paragraph 2 or 3. END_STATUTE

Sec. 6.  Section 13-1401, Arizona Revised Statutes, is amended to read:

START_STATUTE13-1401.  Definitions; factors

A.  In this chapter, unless the context otherwise requires:

1.  "Oral sexual contact" means oral contact with the penis, vulva or anus.

2.  "Position of trust" means a person who is or was any of the following:

(a)  The minor's parent, stepparent, adoptive parent, legal guardian or foster parent.

(b)  The minor's teacher or any school employee who is eighteen years of age or older.

(c)  The minor's coach or instructor, whether the coach or instructor is an employee or volunteer.

(d)  The minor's clergyman, or priest or youth pastor.

(e)  Engaged in a sexual or romantic relationship with the minor's parent, adoptive parent, legal guardian, foster parent or stepparent.

(f)  Except for a sibling, related to the minor by blood or marriage within the third degree.

(g)  The minor's employer.

(h)  eighteen years of age or older and who is or was living in the same home as the minor.

(i)  Ten or more years of age older than the minor and who has a relationship with the minor or the minor's parent, stepparent, adoptive parent, legal guardian or foster parent.

3.  "Sexual contact":

(a)  Means any direct or indirect touching, fondling or manipulating of any part of the genitals, anus or female breast by any part of the body or by any object or causing a person to engage in such contact.

(b)  Does not include direct or indirect touching or manipulating during caretaking responsibilities or interactions with a minor or vulnerable adult that an objective, reasonable person would recognize as normal and reasonable under the circumstances.

4.  "Sexual intercourse" means penetration into the penis, vulva or anus by any part of the body or by any object or masturbatory contact with the penis or vulva.

5.  "Spouse" means a person who is legally married and cohabiting.

6.  "Teacher" means a certificated teacher as defined in section 15‑501 or any other person who provides instruction to pupils in any school district, charter school or accommodation school, the Arizona state schools for the deaf and the blind or a private school in this state.

7.  "Without consent" includes any of the following:

(a)  The victim is coerced by the immediate use or threatened use of force against a person or property.

(b)  The victim is incapable of consent by reason of mental disorder, mental defect, drugs, alcohol, sleep or any other similar impairment of cognition and such condition is known or should have reasonably been known to the defendant.  For the purposes of this subdivision, "mental defect" means the victim is unable to comprehend the distinctively sexual nature of the conduct or is incapable of understanding or exercising the right to refuse to engage in the conduct with another.

(c)  The victim is intentionally deceived as to the nature of the act.

(d)  The victim is intentionally deceived to erroneously believe that the person is the victim's spouse.

B.  The following factors may be considered in determining whether a relationship is currently or was previously a sexual or romantic relationship pursuant to subsection A, paragraph 2, subdivision (e) of this section:

1.  The type of relationship.

2.  The length of the relationship.

3.  The frequency of the interaction between the two persons.

4.  If the relationship has terminated, the length of time since the termination. END_STATUTE

Sec. 7.  Section 13-3206, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3206.  Taking child for purpose of child sex trafficking; classification

A person who takes away any minor from the minor's father, mother, guardian or other person having the legal custody of the minor, for the purpose of prostitution child sex trafficking, is guilty of a class 4 felony.  If the minor is under fifteen years of age, taking a child for the purpose of prostitution child sex trafficking is a class 2 felony and is punishable pursuant to section 13‑705. END_STATUTE

Sec. 8.  Section 13-3821, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3821.  Persons required to register; procedure; identification card; assessment; definitions

A.  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 ten days after entering and remaining in any county of this state, shall register with the sheriff of that county:

1.  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.

2.  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.

3.  Sexual abuse pursuant to section 13‑1404 if the victim is under eighteen years of age.

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 child sex trafficking 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.

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.

B.  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.  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.  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 shall terminate 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:

1.  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.

2.  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.  For the purposes of 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, including all names by which the person is known, any required online identifier and the name of any website or internet communication service where the identifier is being used.  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 the physical location of the person's residence and the person's address.  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.  If the person receives mail at a post office box, the person shall provide the location and number of the post office box.  If the person has more than one residence or 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.

J.  On the person's initial registration and every year after the person's initial registration, the person shall confirm 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.

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 two hundred fifty dollars $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 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 address if requested by the department of public safety pursuant to section 13‑3827, subsection G.

S.  For the purposes of this section:

1.  "Address" means the location at which the person receives mail.

2.  "Required online identifier" means any electronic e‑mail 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.

3.  "Residence" means the person's dwelling place, whether permanent or temporary. END_STATUTE

Sec. 9.  Section 13-3827, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3827.  Internet sex offender website; investigation of records; immunity; exception; definition

A.  The department of public safety shall establish and maintain an internet sex offender website for the purpose of providing sex offender information to the public.  The internet sex offender website shall include the following offenders:

1.  Any offender whose risk assessment has been determined to be a level two or level three.

2.  Unless included under paragraph 1 of this subsection, any offender who was convicted of or adjudicated guilty except insane for any of the following completed offenses or the same or a substantially similar offense in another state or jurisdiction:

(a)  Sexual assault pursuant to section 13‑1406.

(b)  Sexual exploitation of a minor pursuant to section 13‑3553 if the offender is at least twenty‑one years of age and is sentenced pursuant to section 13‑705.

(c)  Commercial sexual exploitation of a minor pursuant to section 13‑3552.

(d)  Sexual abuse pursuant to section 13‑1404 if the victim is under twelve years of age.

(e)  Molestation of a child pursuant to section 13‑1410 if the victim is under twelve years of age.

(f)  Sexual conduct with a minor pursuant to section 13‑1405 if the victim is under twelve years of age.

(g)  Child prostitution pursuant to section 13‑3212, subsection A or subsection B, paragraph 1 or 2 committed before August 9, 2017.

(h)  Child sex trafficking pursuant to section 13‑3212, subsection A, paragraph 1, 2, 3, 4, 5, 6, 7 or 8 or subsection B, paragraph 1 or 2 committed on or after August 9, 2017.

(i)  Taking a child for the purpose of prostitution child sex trafficking pursuant to section 13‑3206 if the victim is under twelve years of age.

(j)  Luring a minor for sexual exploitation pursuant to section 13‑3554 if the victim is under twelve years of age.

(k)  Aggravated luring a minor for sexual exploitation pursuant to section 13‑3560 if the victim is under twelve years of age.

(l)  Continuous sexual abuse of a child pursuant to section 13‑1417 if the victim is under twelve years of age.

B.  The internet sex offender website shall include the following information for each convicted or adjudicated guilty except insane sex offender in this state who is required to register pursuant to section 13‑3821:

1.  The offender's name, address and age.

2.  A current photograph.

3.  The offense committed and notification level pursuant to section 13‑3825, subsection C, if a risk assessment has been completed pursuant to section 13‑3825.

C.  The department of public safety shall annually update on the website the name, address and photograph of each sex offender.

D.  The department of public safety shall maintain a separate database and search function on the website that contains any required online identifier of sex offenders whose risk assessments have been determined to be a level two or level three and the name of any website or internet communication service where the required online identifier is being used.  This information shall not be publicly connected to the name, address and photograph of a registered sex offender on the website.

E.  The department of public safety may disseminate a registered sex offender's required online identifier and the name of any corresponding website or internet communication service to a business or organization that offers electronic communication services for comparison with information that is held by the requesting business or organization.  The requesting business or organization shall notify the department of public safety when a comparison of the information indicates that a registered sex offender's required online identifier is being used on the business's or organization's system.  The requesting business or organization shall not further disseminate that the person is a registered sex offender.

F.  The motor vehicle division of the department of transportation shall send copies of each sex offender's nonoperating identification license or driver license photograph to the department of public safety for inclusion on the sex offender website.

G.  The department of public safety shall annually verify the addresses of all sex offender registration records contained within the Arizona criminal justice information system.  Before including the address of a sex offender on the website, the department of public safety shall confirm that the address is correct.  To confirm a sex offender's address, the department shall conduct a search of the Arizona criminal justice information system.  If this search does not provide the necessary confirmation, the department shall use alternative public and private sector resources that are currently used for criminal investigation purposes to confirm the address.  The department of public safety is prohibited from using or releasing the information from the alternative public and private sector resources except pursuant to this section.  A custodian or public or private sector resource that releases information pursuant to this subsection is not civilly or criminally liable in any action alleging a violation of confidentiality.

H.  The department of public safety may petition the superior court for enforcement of subsection G of this section if a public or private sector resource refuses to comply.  The court shall grant enforcement if the department has reasonable grounds to believe the records sought to be inspected are relevant to confirming the identity and address of a sex offender.

I.  Except for a person who is required to register pursuant to section 13‑3821, a person who provides or fails to provide information required by this section is not civilly or criminally liable unless the act or omission is wanton or wilful.

J.  This section does not apply to an offender during any time that the offender is incarcerated in the state department of corrections.

K.  For the purpose of this section, "required online identifier" means any e‑mail 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. END_STATUTE

Sec. 10.  Title 13, chapter 38, article 30, Arizona Revised Statutes, is amended by adding section 13-4254, to read:

START_STATUTE13-4254.  Pro se defendant; prohibited questioning of minor victim

Notwithstanding section 13‑4253 and on motion of the prosecution, The court may order that a pro se defendant in a prosecution for a violation of section 13‑1404 or 13‑3212 is prohibited from directly questioning the minor victim if the court determines that direct questioning by the pro se defendant would prevent the minor victim from being able to reasonably communicate. END_STATUTE

Sec. 11.  Section 15-203, Arizona Revised Statutes, is amended to read:

START_STATUTE15-203.  Powers and duties

A.  The state board of education shall:

1.  Exercise general supervision over and regulate the conduct of the public school system and adopt any rules and policies it deems necessary to accomplish this purpose.

2.  Keep a record of its proceedings.

3.  Make rules for its own government.

4.  Determine the policy and work undertaken by it.

5.  Subject to title 41, chapter 4, article 4, employ staff.

6.  Prescribe and supervise the duties of its employees pursuant to title 41, chapter 4, article 4, if not otherwise prescribed by statute.

7.  Delegate to the superintendent of public instruction the execution of board policies and rules.

8.  Recommend to the legislature changes or additions to the statutes pertaining to schools.

9.  Prepare, publish and distribute reports concerning the educational welfare of this state.

10.  Prepare a budget for expenditures necessary for proper maintenance of the board and accomplishment of its purposes and present the budget to the legislature.

11.  Aid in the enforcement of laws relating to schools.

12.  Prescribe a minimum course of study in the common schools, minimum competency requirements for the promotion of pupils from the third grade and minimum course of study and competency requirements for the promotion of pupils from the eighth grade.  The state board of education shall prepare a fiscal impact statement of any proposed changes to the minimum course of study or competency requirements and, on completion, shall send a copy to the director of the joint legislative budget committee and the executive director of the school facilities board.  The state board of education shall not adopt any changes in the minimum course of study or competency requirements in effect on July 1, 1998 that will have a fiscal impact on school capital costs.

13.  Prescribe minimum course of study and competency requirements for the graduation of pupils from high school.  The state board of education shall prepare a fiscal impact statement of any proposed changes to the minimum course of study or competency requirements and, on completion, shall send a copy to the director of the joint legislative budget committee and the executive director of the school facilities board.  The state board of education shall not adopt any changes in the minimum course of study or competency requirements in effect on July 1, 1998 that will have a fiscal impact on school capital costs.

14.  Pursuant to section 15‑501.01, supervise and control the certification of persons engaged in instructional work directly as any classroom, laboratory or other teacher or indirectly as a supervisory teacher, speech therapist, principal or superintendent in a school district, including school district preschool programs, or any other educational institution below the community college, college or university level, and prescribe rules for certification. 

15.  Adopt a list of approved tests for determining special education assistance to gifted pupils as defined in and as provided in chapter 7, article 4.1 of this title.  The adopted tests shall provide separate scores for quantitative reasoning, verbal reasoning and nonverbal reasoning and shall be capable of providing reliable and valid scores at the highest ranges of the score distribution.

16.  Adopt rules governing the methods for the administration of all proficiency examinations.

17.  Adopt proficiency examinations for its use and determine the passing score for the proficiency examinations.

18.  Include within its budget the cost of contracting for the purchase, distribution and scoring of the examinations as provided in paragraphs 16 and 17 of this subsection.

19.  Supervise and control the qualifications of professional nonteaching school personnel and prescribe standards relating to qualifications.  The standards shall not require the business manager of a school district to obtain certification from the state board of education.

20.  Impose such disciplinary action, including the issuance of a letter of censure, suspension, suspension with conditions or revocation of a certificate, on a finding of immoral or unprofessional conduct.

21.  Establish an assessment, data gathering and reporting system for pupil performance as prescribed in chapter 7, article 3 of this title, including qualifying examinations for the college credit by examination incentive program pursuant to section 15‑249.06.

22.  Adopt a rule to promote braille literacy pursuant to section 15‑214.

23.  Adopt rules prescribing procedures for the investigation by the department of education of every written complaint alleging that a certificated person has engaged in immoral conduct.

24.  For purposes of federal law, serve as the state board for vocational and technological education and meet at least four times each year solely to execute the powers and duties of the state board for vocational and technological education.

25.  Develop and maintain a handbook for use in the schools of this state that provides guidance for the teaching of moral, civic and ethical education.  The handbook shall promote existing curriculum frameworks and shall encourage school districts to recognize moral, civic and ethical values within instructional and programmatic educational development programs for the general purpose of instilling character and ethical principles in pupils in kindergarten programs and grades one through twelve.

26.  Require pupils to recite the following passage from the declaration of independence for pupils in grades four through six at the commencement of the first class of the day in the schools, except that a pupil shall not be required to participate if the pupil or the pupil's parent or guardian objects:

We hold these truths to be self‑evident, that all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.  That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. . . .

27.  Adopt rules that provide for certification reciprocity pursuant to section 15‑501.01.

28.  Adopt rules that provide for the presentation of an honorary high school diploma to a person who has never obtained a high school diploma and who meets both of the following requirements:

(a)  Currently resides in this state.

(b)  Provides documented evidence from the department of veterans' services that the person enlisted in the armed forces of the United States and served in World War I, World War II, the Korean conflict or the Vietnam conflict.

29.  Cooperate with the Arizona‑Mexico commission in the governor's office and with researchers at universities in this state to collect data and conduct projects in the United States and Mexico on issues that are within the scope of the duties of the department of education and that relate to quality of life, trade and economic development in this state in a manner that will help the Arizona‑Mexico commission to assess and enhance the economic competitiveness of this state and of the Arizona‑Mexico region.

30.  Adopt rules to define and provide guidance to schools as to the activities that would constitute immoral or unprofessional conduct of certificated persons.

31.  Adopt guidelines to encourage pupils in grades nine, ten, eleven and twelve to volunteer for twenty hours of community service before graduation from high school.  A school district that complies with the guidelines adopted pursuant to this paragraph is not liable for damages resulting from a pupil's participation in community service unless the school district is found to have demonstrated wanton or reckless disregard for the safety of the pupil and other participants in community service.  For the purposes of this paragraph, "community service" may include service learning.  The guidelines shall include the following:

(a)  A list of the general categories in which community service may be performed.

(b)  A description of the methods by which community service will be monitored.

(c)  A consideration of risk assessment for community service projects.

(d)  Orientation and notification procedures of community service opportunities for pupils entering grade nine, including the development of a notification form.  The notification form shall be signed by the pupil and the pupil's parent or guardian, except that a pupil shall not be required to participate in community service if the parent or guardian notifies the principal of the pupil's school in writing that the parent or guardian does not wish the pupil to participate in community service.

(e)  Procedures for a pupil in grade nine to prepare a written proposal that outlines the type of community service that the pupil would like to perform and the goals that the pupil hopes to achieve as a result of community service.  The pupil's written proposal shall be reviewed by a faculty advisor, a guidance counselor or any other school employee who is designated as the community service program coordinator for that school.  The pupil may alter the written proposal at any time before performing community service.

(f)  Procedures for a faculty advisor, a guidance counselor or any other school employee who is designated as the community service program coordinator to evaluate and certify the completion of community service performed by pupils.

32.  To facilitate the transfer of military personnel and their dependents to and from the public schools of this state, pursue, in cooperation with the Arizona board of regents, reciprocity agreements with other states concerning the transfer credits for military personnel and their dependents.  A reciprocity agreement entered into pursuant to this paragraph shall:

(a)  Address procedures for each of the following:

(i)  The transfer of student records.

(ii)  Awarding credit for completed coursework.

(iii)  Permitting a student to satisfy the graduation requirements prescribed in section 15‑701.01 through the successful performance on comparable exit‑level assessment instruments administered in another state.

(b)  Include appropriate criteria developed by the state board of education and the Arizona board of regents.

33.  Adopt guidelines that school district governing boards shall use in identifying pupils who are eligible for gifted programs and in providing gifted education programs and services.  The state board of education shall adopt any other guidelines and rules that it deems necessary in order to carry out the purposes of chapter 7, article 4.1 of this title.

34.  For each of the alternative textbook formats of human-voiced audio, large‑print and braille, designate alternative media producers to adapt existing standard print textbooks or to provide specialized textbooks, or both, for pupils with disabilities in this state.  Each alternative media producer shall be capable of producing alternative textbooks in all relevant subjects in at least one of the alternative textbook formats.  The board shall post the designated list of alternative media producers on its website.

35.  Adopt a list of approved professional development training providers for use by school districts as provided in section 15‑107, subsection J.  The professional development training providers shall meet the training curriculum requirements determined by the state board of education in at least the areas of school finance, governance, employment, staffing, inventory and human resources, internal controls and procurement.

36.  Adopt rules to prohibit a person who violates the notification requirements prescribed in section 15‑183, subsection C, paragraph 8 or section 15‑550, subsection C from certification pursuant to this title until the person is no longer charged or is acquitted of any offenses listed in section 41‑1758.03, subsection B.  The state board shall also adopt rules to prohibit a person who violates the notification requirements, certification surrender requirements or fingerprint clearance card surrender requirements prescribed in section 15‑183, subsection C, paragraph 9 or section 15‑550, subsection D from certification pursuant to this title for at least ten years after the date of the violation.

37.  Adopt rules for the alternative certification of teachers of nontraditional foreign languages that allow for the passing of a nationally accredited test to substitute for the education coursework required for certification.

38.  Adopt rules to define competency‑based educational pathways for college and career readiness that may be used by schools.  The rules shall include the following components:

(a)  The establishment of learning outcomes that will be expected for students in a particular subject.

(b)  A process and criteria by which assessments may be identified or established to determine whether students have reached the desired competencies in a particular subject.

(c)  A mechanism to allow pupils in grades seven through twelve who have demonstrated competency in a subject to immediately obtain credit for the mastery of that subject.  The rules shall include a list of applicable subjects, including the level of competency required for each subject.

39.  In consultation with the department of health services, the department of education, medical professionals, school health professionals, school administrators and an organization that represents school nurses in this state, adopt rules that prescribe the following for school districts and charter schools:

(a)  Annual training in the administration of auto‑injectable epinephrine for designated medical and nonmedical school personnel.  The annual training prescribed in this subdivision is optional during any fiscal year in which a school does not stock epinephrine auto‑injectors at the school during that fiscal year.

(b)  Annual training for all school site personnel on the recognition of anaphylactic shock symptoms and the procedures to follow when anaphylactic shock occurs, following the national guidelines of the American academy of pediatrics.  The annual training prescribed in this subdivision is optional during any fiscal year in which a school does not stock epinephrine auto‑injectors at the school during that fiscal year.

(c)  Procedures for the administration of epinephrine auto‑injectors in emergency situations.

(d)  Procedures for annually requesting a standing order for epinephrine auto‑injectors pursuant to section 15‑157 from the chief medical officer of the department of health services, the chief medical officer of a county health department, a doctor of medicine licensed pursuant to title 32, chapter 13 or a doctor of osteopathic medicine licensed pursuant to title 32, chapter 17.

(e)  Procedures for reporting the use of epinephrine auto‑injectors to the department of health services.

40.  In consultation with the department of education, medical professionals, school health professionals, school administrators and an organization that represents school nurses in this state, adopt rules that prescribe the following for school districts and charter schools that elect to administer inhalers:

(a)  Annual training in the recognition of respiratory distress symptoms and the procedures to follow when respiratory distress occurs, in accordance with good clinical practice, and the administration of inhalers, as directed on the prescription protocol, by designated medical and nonmedical school personnel.

(b)  Requirements for school districts and charter schools that elect to administer inhalers to designate at least two employees at each school to be trained in the recognition of respiratory distress symptoms and the procedures to follow when respiratory distress occurs, in accordance with good clinical practice, and at least two employees at each school to be trained in the administration of inhalers, as directed on the prescription protocol.

(c)  Procedures for the administration of inhalers in emergency situations, as directed on the prescription protocol.

(d)  Procedures for annually requesting a standing order for inhalers and spacers or holding chambers pursuant to section 15‑158 from the chief medical officer of a county health department, a physician licensed pursuant to title 32, chapter 13 or 17 or a nurse practitioner licensed pursuant to title 32, chapter 15.

(e)  Procedures for notifying a parent once an inhaler has been administered.

41.  Adopt rules for certification that allow substitute teachers who can demonstrate primary teaching responsibility in a classroom as defined by the state board of education to use the time spent in that classroom toward the required capstone experience for standard teaching certification.

42.  Establish best practices for social media and cellular telephone use between students and school personnel, including teachers, coaches and counselors, and encourage school district governing boards and charter school governing bodies to adopt policies that implement these best practices.  The state board of education shall make these best practices available to both public and private schools.

B.  The state board of education may:

1.  Contract.

2.  Sue and be sued.

3.  Distribute and score the tests prescribed in chapter 7, article 3 of this title.

4.  Provide for an advisory committee to conduct hearings and screenings to determine whether grounds exist to impose disciplinary action against a certificated person, whether grounds exist to reinstate a revoked or surrendered certificate and whether grounds exist to approve or deny an initial application for certification or a request for renewal of a certificate.  The board may delegate its responsibility to conduct hearings and screenings to its advisory committee.  Hearings shall be conducted pursuant to title 41, chapter 6, article 6.

5.  Proceed with the disposal of any complaint requesting disciplinary action or with any disciplinary action against a person holding a certificate as prescribed in subsection A, paragraph 14 of this section after the suspension or expiration of the certificate or surrender of the certificate by the holder.

6.  Assess costs and reasonable attorney fees against a person who files a frivolous complaint or who files a complaint in bad faith.  Costs assessed pursuant to this paragraph shall not exceed the expenses incurred by the department of education in the investigation of the complaint. END_STATUTE

Sec. 12.  Title 15, chapter 2, article 2, Arizona Revised Statutes, is amended by adding section 15-245, to read:

START_STATUTE15-245.  Mandatory reporting training; materials

A.  The department of education shall develop a statewide training curriculum on the mandatory reporting laws of this state, including section 13‑3620, for public school personnel.  Each public school shall require its personnel to complete the training developed pursuant to this section.

B.  The department of education shall provide resources and materials that schools may use for the purposes of providing information on the mandatory reporting laws of this state, including section 13‑3620, to parents and students. 

C.  The department shall make the training curriculum and materials developed pursuant to this section available to public and private schools.  This section does not require private schools to offer the training developed pursuant to this section. END_STATUTE

Sec. 13.  Section 41-1758.03, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1758.03.  Fingerprint clearance cards; issuance; immunity

A.  On receiving the state and federal criminal history record of a person, the division shall compare the record with the list of criminal offenses that preclude the person from receiving a fingerprint clearance card.  If the person's criminal history record does not contain any of the offenses listed in subsections B and C of this section, the division shall issue the person a fingerprint clearance card.

B.  A person who is subject to registration as a sex offender in this state or any other jurisdiction or who is awaiting trial on or who has been convicted of committing or attempting, soliciting, facilitating or conspiring to commit one or more of the following offenses in this state or the same or similar offenses in another state or jurisdiction is precluded from receiving a fingerprint clearance card pursuant to this section:

1.  Sexual abuse of a vulnerable adult.

2.  Incest.

3.  First or second degree murder.

4.  Sexual assault.

5.  Sexual exploitation of a minor.

6.  Sexual exploitation of a vulnerable adult.

7.  Commercial sexual exploitation of a minor.

8.  Commercial sexual exploitation of a vulnerable adult.

9.  Child sex trafficking as prescribed in section 13‑3212.

10.  Child abuse.

11.  Abuse of a vulnerable adult.

12.  Sexual conduct with a minor.

13.  Molestation of a child.

14.  Molestation of a vulnerable adult.

15.  A dangerous crime against children as defined in section 13‑705.

16.  Exploitation of minors involving drug offenses.

17.  Taking a child for the purpose of prostitution child sex trafficking as prescribed in section 13‑3206.

18.  Neglect or abuse of a vulnerable adult.

19.  Sex trafficking.

20.  Sexual abuse.

21.  Production, publication, sale, possession and presentation of obscene items as prescribed in section 13‑3502.

22.  Furnishing harmful items to minors as prescribed in section 13‑3506.

23.  Furnishing harmful items to minors by internet activity as prescribed in section 13‑3506.01.

24.  Obscene or indecent telephone communications to minors for commercial purposes as prescribed in section 13‑3512.

25.  Luring a minor for sexual exploitation.

26.  Enticement of persons for purposes of prostitution.

27.  Procurement by false pretenses of person for purposes of prostitution.

28.  Procuring or placing persons in a house of prostitution.

29.  Receiving earnings of a prostitute.

30.  Causing one's spouse to become a prostitute.

31.  Detention of persons in a house of prostitution for debt.

32.  Keeping or residing in a house of prostitution or employment in prostitution.

33.  Pandering.

34.  Transporting persons for the purpose of prostitution, polygamy and concubinage.

35.  Portraying adult as a minor as prescribed in section 13‑3555.

36.  Admitting minors to public displays of sexual conduct as prescribed in section 13‑3558.

37.  Unlawful sale or purchase of children.

38.  Child bigamy.

39.  Trafficking of persons for forced labor or services.

C.  A person who is awaiting trial on or who has been convicted of committing or attempting, soliciting, facilitating or conspiring to commit one or more of the following offenses in this state or the same or similar offenses in another state or jurisdiction is precluded from receiving a fingerprint clearance card, except that the person may petition the board of fingerprinting for a good cause exception pursuant to section 41‑619.55:

1.  Manslaughter.

2.  Endangerment.

3.  Threatening or intimidating.

4.  Assault.

5.  Unlawfully administering intoxicating liquors, narcotic drugs or dangerous drugs.

6.  Assault by vicious animals.

7.  Drive by shooting.

8.  Assaults on officers or fire fighters.

9.  Discharging a firearm at a structure.

10.  Indecent exposure.

11.  Public sexual indecency.

12.  Aggravated criminal damage.

13.  Theft.

14.  Theft by extortion.

15.  Shoplifting.

16.  Forgery.

17.  Criminal possession of a forgery device.

18.  Obtaining a signature by deception.

19.  Criminal impersonation.

20.  Theft of a credit card or obtaining a credit card by fraudulent means.

21.  Receipt of anything of value obtained by fraudulent use of a credit card.

22.  Forgery of a credit card.

23.  Fraudulent use of a credit card.

24.  Possession of any machinery, plate or other contrivance or incomplete credit card.

25.  False statement as to financial condition or identity to obtain a credit card.

26.  Fraud by persons authorized to provide goods or services.

27.  Credit card transaction record theft.

28.  Misconduct involving weapons.

29.  Misconduct involving explosives.

30.  Depositing explosives.

31.  Misconduct involving simulated explosive devices.

32.  Concealed weapon violation.

33.  Possession and sale of peyote.

34.  Possession and sale of a vapor‑releasing substance containing a toxic substance.

35.  Sale of precursor chemicals.

36.  Possession, use or sale of marijuana, dangerous drugs or narcotic drugs.

37.  Manufacture or distribution of an imitation controlled substance.

38.  Manufacture or distribution of an imitation prescription‑only drug.

39.  Manufacture or distribution of an imitation over‑the‑counter drug.

40.  Possession or possession with intent to use an imitation controlled substance.

41.  Possession or possession with intent to use an imitation prescription‑only drug.

42.  Possession or possession with intent to use an imitation over‑the‑counter drug.

43.  Manufacture of certain substances and drugs by certain means.

44.  Adding poison or other harmful substance to food, drink or medicine.

45.  A criminal offense involving criminal trespass under title 13, chapter 15.

46.  A criminal offense involving burglary under title 13, chapter 15.

47.  A criminal offense under title 13, chapter 23.

48.  Child neglect.

49.  Misdemeanor offenses involving contributing to the delinquency of a minor.

50.  Offenses involving domestic violence.

51.  Arson.

52.  Kidnapping.

53.  Felony offenses involving sale, distribution or transportation of, offer to sell, transport or distribute or conspiracy to sell, transport or distribute marijuana, dangerous drugs or narcotic drugs.

54.  Robbery.

55.  Aggravated assault.

56.  Felony offenses involving contributing to the delinquency of a minor.

57.  Negligent homicide.

58.  Criminal damage.

59.  Misappropriation of charter school monies as prescribed in section 13‑1818.

60.  Taking identity of another person or entity.

61.  Aggravated taking identity of another person or entity.

62.  Trafficking in the identity of another person or entity.

63.  Cruelty to animals.

64.  Prostitution.

65.  Sale or distribution of material harmful to minors through vending machines as prescribed in section 13‑3513.

66.  Welfare fraud.

D.  A person who is awaiting trial on or who has been convicted of committing or attempting to commit a misdemeanor or felony violation of section 28‑1381, 28‑1382 or 28‑1383 in this state or the same or similar offense in another state or jurisdiction within five years from the date of applying for a fingerprint clearance card is precluded from driving any vehicle to transport employees or clients of the employing agency as part of the person's employment.  The division shall place a notation on the fingerprint clearance card that indicates this driving restriction.  This subsection does not preclude a person from driving a vehicle alone as part of the person's employment.  This subsection does not apply to a person who is licensed pursuant to title 32, chapter 20, except if the person is employed by an agency as defined in section 41‑1758.

E.  Notwithstanding subsection C of this section, on receiving written notice from the board of fingerprinting that a good cause exception was granted pursuant to section 41‑619.55, the division shall issue a fingerprint clearance card to the person.

F.  If the division denies a person's application for a fingerprint clearance card pursuant to subsection C of this section and a good cause exception is requested pursuant to section 41‑619.55, the division shall release, on request by the board of fingerprinting, the person's criminal history record to the board of fingerprinting.

G.  A person shall be granted a fingerprint clearance card if either of the following applies:

1.  An agency granted a good cause exception before August 16, 1999 and no new precluding offense is identified.  The fingerprint clearance card shall specify only the program that granted the good cause exception.  On the request of the applicant, the agency that granted the prior good cause exception shall notify the division in writing of the date on which the prior good cause exception was granted and the date of the conviction and the name of the offense for which the good cause exception was granted.

2.  The board granted a good cause exception and no new precluding offense is identified. 

H.  The licensee or contract provider shall assume the costs of fingerprint checks and may charge these costs to persons who are required to be fingerprinted.

I.  A person who is under eighteen years of age or who is at least ninety‑nine years of age is exempt from the fingerprint clearance card requirements of this section.  At all times the person shall be under the direct visual supervision of personnel who have valid fingerprint clearance cards.

J.  The division shall conduct periodic state criminal history records checks and may conduct federal criminal history records checks when authorized pursuant to federal law for the purpose of updating the clearance status of current fingerprint clearance card holders and may notify the board of fingerprinting and the agency employing the person of the results of the records check.

K.  The division shall revoke a person's fingerprint clearance card on receipt of a written request for revocation from the board of fingerprinting pursuant to section 41‑619.55.

L.  If a person's criminal history record contains an offense listed in subsection B or C of this section and the final disposition is not recorded on the record, the division shall conduct research to obtain the disposition within thirty business days after receipt of the record.  If the division cannot determine, within thirty business days after receipt of the person's state and federal criminal history record information, whether the person is awaiting trial on or has been convicted of committing or attempting, soliciting, facilitating or conspiring to commit any of the offenses listed in subsection B or C of this section in this state or the same or a similar offense in another state or jurisdiction, the division shall not issue a fingerprint clearance card to the person. If the division is unable to make the determination required by this section and does not issue a fingerprint clearance card to a person, the person may request a good cause exception pursuant to section 41‑619.55.

M.  Except as provided in subsection N of this section, if after conducting a state and federal criminal history records check the division determines that it is not authorized to issue a fingerprint clearance card to a person, the division shall notify the agency that licenses or employs the person that the division is not authorized to issue a fingerprint clearance card.  This notice shall include the criminal history information on which the denial was based.  This criminal history information is subject to dissemination restrictions pursuant to section 41‑1750 and Public Law 92‑544.

N.  If, after conducting a state and federal criminal history records check on a person who requests a fingerprint clearance card pursuant to section 15‑1881, the division determines that it is not authorized to issue a fingerprint clearance card to the person, the division shall not notify the agency.  The division shall notify the person who requested the card that the division is not authorized to issue a fingerprint clearance card.  The notice shall include the criminal history information on which the denial was based.  This criminal history information is subject to dissemination restrictions pursuant to section 41‑1750 and Public Law 92‑544.

O.  The division is not liable for damages resulting from:

1.  The issuance of a fingerprint clearance card to a person who is later found to have been ineligible to receive a fingerprint clearance card at the time the card was issued.

2.  The denial of a fingerprint clearance card to a person who is later found to have been eligible to receive a fingerprint clearance card at the time issuance of the card was denied.

P.  The issuance of a fingerprint clearance card does not entitle a person to employment.

Q.  Notwithstanding any law to the contrary, a person may apply for and receive a level I fingerprint clearance card pursuant to section 41‑1758.07 to satisfy a requirement that the person have a valid fingerprint clearance card issued pursuant to this section. END_STATUTE

Sec. 14.  Section 41-1758.07, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1758.07.  Level I fingerprint clearance cards; definitions

A.  On receiving the state and federal criminal history record of a person who is required to be fingerprinted pursuant to this section, the fingerprinting division in the department of public safety shall compare the record with the list of criminal offenses that preclude the person from receiving a level I fingerprint clearance card.  If the person's criminal history record does not contain any of the offenses listed in subsections B and C of this section, the fingerprinting division shall issue the person a level I fingerprint clearance card.

B.  A person who is subject to registration as a sex offender in this state or any other jurisdiction or who is awaiting trial on or who has been convicted of committing or attempting, soliciting, facilitating or conspiring to commit one or more of the following offenses in this state or the same or similar offenses in another state or jurisdiction is precluded from receiving a level I fingerprint clearance card:

1.  Sexual abuse of a vulnerable adult.

2.  Incest.

3.  Homicide, including first or second degree murder, manslaughter and negligent homicide.

4.  Sexual assault.

5.  Sexual exploitation of a minor.

6.  Sexual exploitation of a vulnerable adult.

7.  Commercial sexual exploitation of a minor.

8.  Commercial sexual exploitation of a vulnerable adult.

9.  Child sex trafficking as prescribed in section 13‑3212.

10.  Child abuse.

11.  Felony child neglect.

12.  Abuse of a vulnerable adult.

13.  Sexual conduct with a minor.

14.  Molestation of a child.

15.  Molestation of a vulnerable adult.

16.  Dangerous crimes against children as defined in section 13‑705.

17.  Exploitation of minors involving drug offenses.

18.  Taking a child for the purpose of prostitution child sex trafficking as prescribed in section 13‑3206.

19.  Neglect or abuse of a vulnerable adult.

20.  Sex trafficking.

21.  Sexual abuse.

22.  Production, publication, sale, possession and presentation of obscene items as prescribed in section 13‑3502.

23.  Furnishing harmful items to minors as prescribed in section 13‑3506.

24.  Furnishing harmful items to minors by internet activity as prescribed in section 13‑3506.01.

25.  Obscene or indecent telephone communications to minors for commercial purposes as prescribed in section 13‑3512.

26.  Luring a minor for sexual exploitation.

27.  Enticement of persons for purposes of prostitution.

28.  Procurement by false pretenses of person for purposes of prostitution.

29.  Procuring or placing persons in a house of prostitution.

30.  Receiving earnings of a prostitute.

31.  Causing one's spouse to become a prostitute.

32.  Detention of persons in a house of prostitution for debt.

33.  Keeping or residing in a house of prostitution or employment in prostitution.

34.  Pandering.

35.  Transporting persons for the purpose of prostitution, polygamy and concubinage.

36.  Portraying adult as a minor as prescribed in section 13‑3555.

37.  Admitting minors to public displays of sexual conduct as prescribed in section 13‑3558.

38.  Any felony offense involving contributing to the delinquency of a minor.

39.  Unlawful sale or purchase of children.

40.  Child bigamy.

41.  Any felony offense involving domestic violence as defined in section 13‑3601 except for a felony offense only involving criminal damage in an amount of more than two hundred fifty dollars $250 but less than one thousand dollars $1,000 if the offense was committed before June 29, 2009.

42.  Any felony offense in violation of title 13, chapter 12 if committed within five years before the date of applying for a level I fingerprint clearance card.

43.  Felony drug or alcohol related offenses if committed within five years before the date of applying for a level I fingerprint clearance card.

44.  Felony indecent exposure.

45.  Felony public sexual indecency.

46.  Terrorism.

47.  Any offense involving a violent crime as defined in section 13‑901.03.

48.  Trafficking of persons for forced labor or services.

C.  A person who is awaiting trial on or who has been convicted of committing or attempting, soliciting, facilitating or conspiring to commit one or more of the following offenses in this state or the same or similar offenses in another state or jurisdiction is precluded from receiving a level I fingerprint clearance card, except that the person may petition the board of fingerprinting for a good cause exception pursuant to section 41‑619.55:

1.  Any misdemeanor offense in violation of title 13, chapter 12.

2.  Misdemeanor indecent exposure.

3.  Misdemeanor public sexual indecency.

4.  Aggravated criminal damage.

5.  Theft.

6.  Theft by extortion.

7.  Shoplifting.

8.  Forgery.

9.  Criminal possession of a forgery device.

10.  Obtaining a signature by deception.

11.  Criminal impersonation.

12.  Theft of a credit card or obtaining a credit card by fraudulent means.

13.  Receipt of anything of value obtained by fraudulent use of a credit card.

14.  Forgery of a credit card.

15.  Fraudulent use of a credit card.

16.  Possession of any machinery, plate or other contrivance or incomplete credit card.

17.  False statement as to financial condition or identity to obtain a credit card.

18.  Fraud by persons authorized to provide goods or services.

19.  Credit card transaction record theft.

20.  Misconduct involving weapons.

21.  Misconduct involving explosives.

22.  Depositing explosives.

23.  Misconduct involving simulated explosive devices.

24.  Concealed weapon violation.

25.  Misdemeanor possession and misdemeanor sale of peyote.

26.  Felony possession and felony sale of peyote if committed more than five years before the date of applying for a level I fingerprint clearance card.

27.  Misdemeanor possession and misdemeanor sale of a vapor‑releasing substance containing a toxic substance.

28.  Felony possession and felony sale of a vapor-releasing substance containing a toxic substance if committed more than five years before the date of applying for a level I fingerprint clearance card.

29.  Misdemeanor sale of precursor chemicals.

30.  Felony sale of precursor chemicals if committed more than five years before the date of applying for a level I fingerprint clearance card.

31.  Misdemeanor possession, misdemeanor use or misdemeanor sale of marijuana, dangerous drugs or narcotic drugs.

32.  Felony possession, felony use or felony sale of marijuana, dangerous drugs or narcotic drugs if committed more than five years before the date of applying for a level I fingerprint clearance card.

33.  Misdemeanor manufacture or misdemeanor distribution of an imitation controlled substance.

34.  Felony manufacture or felony distribution of an imitation controlled substance if committed more than five years before the date of applying for a level I fingerprint clearance card.

35.  Misdemeanor manufacture or misdemeanor distribution of an imitation prescription‑only drug.

36.  Felony manufacture or felony distribution of an imitation prescription-only drug if committed more than five years before the date of applying for a level I fingerprint clearance card.

37.  Misdemeanor manufacture or misdemeanor distribution of an imitation over‑the‑counter drug.

38.  Felony manufacture or felony distribution of an imitation over‑the‑counter drug if committed more than five years before the date of applying for a level I fingerprint clearance card.

39.  Misdemeanor possession or misdemeanor possession with intent to use an imitation controlled substance.

40.  Felony possession or felony possession with intent to use an imitation controlled substance if committed more than five years before the date of applying for a level I fingerprint clearance card.

41.  Misdemeanor possession or misdemeanor possession with intent to use an imitation prescription‑only drug.

42.  Felony possession or felony possession with intent to use an imitation prescription-only drug if committed more than five years before the date of applying for a level I fingerprint clearance card.

43.  Misdemeanor possession or misdemeanor possession with intent to use an imitation over‑the‑counter drug.

44.  Felony possession or felony possession with intent to use an imitation over-the-counter drug if committed more than five years before the date of applying for a level I fingerprint clearance card.

45.  Misdemeanor manufacture of certain substances and drugs by certain means.

46.  Felony manufacture of certain substances and drugs by certain means if committed more than five years before the date of applying for a level I fingerprint clearance card.

47.  Adding poison or other harmful substance to food, drink or medicine.

48.  A criminal offense involving criminal trespass under title 13, chapter 15.

49.  A criminal offense involving burglary under title 13, chapter 15.

50.  A criminal offense under title 13, chapter 23, except terrorism.

51.  Misdemeanor offenses involving child neglect.

52.  Misdemeanor offenses involving contributing to the delinquency of a minor.

53.  Misdemeanor offenses involving domestic violence as defined in section 13‑3601.

54.  Felony offenses involving domestic violence if the offense only involved criminal damage in an amount of more than two hundred fifty dollars $250 but less than one thousand dollars $1,000 and the offense was committed before June 29, 2009.

55.  Arson.

56.  Felony offenses involving sale, distribution or transportation of, offer to sell, transport or distribute or conspiracy to sell, transport or distribute marijuana, dangerous drugs or narcotic drugs if committed more than five years before the date of applying for a level I fingerprint clearance card.

57.  Criminal damage.

58.  Misappropriation of charter school monies as prescribed in section 13‑1818.

59.  Taking identity of another person or entity.

60.  Aggravated taking identity of another person or entity.

61.  Trafficking in the identity of another person or entity.

62.  Cruelty to animals.

63.  Prostitution, as prescribed in section 13‑3214.

64.  Sale or distribution of material harmful to minors through vending machines as prescribed in section 13‑3513.

65.  Welfare fraud.

66.  Any felony offense in violation of title 13, chapter 12 if committed more than five years before the date of applying for a level I fingerprint clearance card.

67.  Kidnapping.

68.  Robbery, aggravated robbery or armed robbery.

D.  A person who is awaiting trial on or who has been convicted of committing or attempting to commit a misdemeanor violation of section 28‑1381, 28‑1382 or 28‑1383 in this state or the same or a similar offense in another state or jurisdiction within five years from the date of applying for a level I fingerprint clearance card is precluded from driving any vehicle to transport employees or clients of the employing agency as part of the person's employment.  The division shall place a notation on the level I fingerprint clearance card that indicates this driving restriction.  This subsection does not preclude a person from driving a vehicle alone as part of the person's employment.

E.  Notwithstanding subsection C of this section, on receiving written notice from the board of fingerprinting that a good cause exception was granted pursuant to section 41‑619.55, the fingerprinting division shall issue a level I fingerprint clearance card to the applicant.

F.  If the fingerprinting division denies a person's application for a level I fingerprint clearance card pursuant to subsection C of this section and a good cause exception is requested pursuant to section 41‑619.55, the fingerprinting division shall release, on request by the board of fingerprinting, the person's criminal history record to the board of fingerprinting.

G.  A person shall be granted a level I fingerprint clearance card pursuant to this section if either of the following applies:

1.  An agency granted a good cause exception before August 16, 1999 and no new precluding offense is identified.  The fingerprint clearance card shall specify only the program that granted the good cause exception.  On the request of the applicant, the agency that granted the prior good cause exception shall notify the fingerprinting division in writing of the date on which the prior good cause exception was granted, the date of the conviction and the name of the offense for which the good cause exception was granted.

2.  The board granted a good cause exception and no new precluding offense is identified.

H.  The licensee or contract provider shall assume the costs of fingerprint checks conducted pursuant to this section and may charge these costs to persons who are required to be fingerprinted.

I.  A person who is under eighteen years of age or who is at least ninety-nine years of age is exempt from the level I fingerprint clearance card requirements of this section.  At all times the person shall be under the direct visual supervision of personnel who have valid level I fingerprint clearance cards.

J.  The fingerprinting division shall conduct periodic state criminal history records checks and may conduct federal criminal history records checks when authorized pursuant to federal law for the purpose of updating the clearance status of current level I fingerprint clearance cardholders pursuant to this section and may notify the board of fingerprinting and the agency of the results of the records check.

K.  The fingerprinting division shall revoke a person's level I fingerprint clearance card on receipt of a written request for revocation from the board of fingerprinting pursuant to section 41‑619.55.

L.  If a person's criminal history record contains an offense listed in subsection B or C of this section and the final disposition is not recorded on the record, the division shall conduct research to obtain the disposition within thirty business days after receipt of the record.  If the division cannot determine, within thirty business days after receipt of the person's state and federal criminal history record information, whether the person is awaiting trial on or has been convicted of committing or attempting, soliciting, facilitating or conspiring to commit any of the offenses listed in subsection B or C of this section in this state or the same or a similar offense in another state or jurisdiction, the division shall not issue a level I fingerprint clearance card to the person.  If the division is unable to make the determination required by this section and does not issue a level I fingerprint clearance card to a person, the person may request a good cause exception pursuant to section 41‑619.55.

M.  If after conducting a state and federal criminal history records check the fingerprinting division determines that it is not authorized to issue a level I fingerprint clearance card to an applicant, the division shall notify the agency that the fingerprinting division is not authorized to issue a level I fingerprint clearance card.  This notice shall include the criminal history information on which the denial was based.  This criminal history information is subject to dissemination restrictions pursuant to section 41‑1750 and Public Law 92‑544.

N.  The fingerprinting division is not liable for damages resulting from:

1.  The issuance of a level I fingerprint clearance card to an applicant who is later found to have been ineligible to receive a level I fingerprint clearance card at the time the card was issued.

2.  The denial of a level I fingerprint clearance card to an applicant who is later found to have been eligible to receive a level I fingerprint clearance card at the time issuance of the card was denied.

O.  Notwithstanding any law to the contrary, an individual may apply for and receive a level I fingerprint clearance card pursuant to this section to satisfy a requirement that the person have a valid fingerprint clearance card issued pursuant to section 41‑1758.03.

P.  Notwithstanding any law to the contrary, except as prescribed pursuant to subsection Q of this section, an individual who receives a level I fingerprint clearance card pursuant to this section also satisfies a requirement that the individual have a valid fingerprint clearance card issued pursuant to section 41‑1758.03.

Q.  Unless a cardholder commits an offense listed in subsection B or C of this section after June 29, 2009, a fingerprint clearance card issued pursuant to section 41‑1758.03 before June 29, 2009 and its renewals are valid for all requirements for a level I fingerprint clearance card except those relating to the requirements of section 8‑105 or 8‑509.  A fingerprint clearance card issued before June 29, 2009 to meet the requirements of section 8‑105 or 8‑509 and its renewals are valid after June 29, 2009 to meet all requirements for a level I fingerprint clearance card, including the requirements of section 8‑105 or 8‑509, if the cardholder has been certified by the court to adopt or has been issued a foster home license before June 29, 2009.

R.  The issuance of a level I fingerprint clearance card does not entitle a person to employment.

S.  For the purposes of this section:

1.  "Person" means a person who is fingerprinted pursuant to:

(a)  Section 3-314, 8‑105, 8‑463, 8‑509, 8‑802, 17‑215, 36‑207, 36‑594.01, 36‑594.02, 36‑882, 36‑883.02, 36‑897.01, 36‑897.03, 41‑619.52, 41‑619.53, 41‑1964, 41‑1967.01, 41‑1968, 41‑1969 or 46‑141.

(b)  Subsection O of this section.

2.  "Renewal" means the issuance of a fingerprint clearance card to an existing fingerprint clearance cardholder who applies before the person's existing fingerprint clearance card expires. END_STATUTE

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