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HB2870 - 572R - H Ver
House Engrossed
residence of sex
offenders; regulation
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2870
AN
ACT
amending section 13-3727, Arizona Revised
Statutes; relating to sex offenders.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 13-3727, Arizona Revised
Statutes, is amended to read:
START_STATUTE
13-3727.
Unlawful residency; persons convicted of criminal offenses;
exceptions; preemption; classification
A. It is unlawful for a person who has been
convicted of a dangerous crime against children as defined in section 13-705,
or who has been convicted of an offense committed in another jurisdiction that
if committed in this state would be a dangerous crime against children as
defined in section 13-705, and who is required to register pursuant to
section 13-3821 to:
1. If the person is classified as a level three
offender pursuant to section 13-3825, reside within one thousand feet of
the real property comprising any of the following:
(a) A private school, as defined in section 15-101,
or a public school that provides instruction in kindergarten programs and any
combination of kindergarten programs and grades one through eight.
(b) A private school, as defined in section 15-101,
or a public school that provides instruction in any combination of grades nine
through twelve.
(c) A child care facility as defined in section 36-881.
2. Knowingly establish a residence and reside within
one thousand feet of the real property on which the person's former victim
resides.
3. Establish a residence and reside within one
thousand feet of the real property on which the person's former victim resides.
B. Subsection A, paragraph 1 of this section does
not apply to any of the following:
1. A person who establishes the person's residence
before September 19, 2007 or before a new school or child care facility is
located.
2. A person who is a minor.
3. A person who is currently serving a term of
probation.
4. A person who has had the person's civil rights
restored pursuant to chapter 9 of this title.
5. A person who has not been convicted of a
subsequent offense in the previous ten years, excluding any time the person was
incarcerated in any federal, state, county or local jail or prison facility.
C. Subsection A, paragraphs 2 and 3 of this section
do not apply to:
1. A person who is required to register pursuant to
section 13-3821, subsection A, paragraph 19.
2. A person who
receives written consent to establish the residence from the victim or, if the
victim is a minor, from the parent or guardian of the minor unless the parent
or guardian of the minor is the person who was convicted.
D. It is a defense to
a prosecution for a violation of subsection A, paragraph 3 of this section if
the person established the residence without knowledge that the victim resided
within one thousand feet, the person moved within thirty days after receiving
actual knowledge of the victim's residence and the person did not have contact
with the victim during that thirty-day period.
E. It is unlawful for a person who is
convicted on or after January 1, 2027, who is required to
register pursuant to section 13-3821
and who is
classified as a level two or level three offender pursuant to section 13-3825
to reside
in a single-family dwelling with another person
who is required to register pursuant to section 13-3821. This
subsection does not apply if
any of the following
applies:
1. the persons are legally related by
blood, marriage or adoption.
2. the single-family dwelling is a
COMMUNITY REENTRY CENTER that is OPERATED BY THE State DEPARTMENT OF
CORRECTIONS and That commenced operation on or before january 1, 2026.
3. the single-family dwelling is a
CERTIFIED BEHAVIORAL HEALTH RESIDENTIAL FACILITy that is SUBJECT TO THE
OVERSIGHT OF THE DEPARTMENT Of HEALTH SERVICES That commenced operation on or
before january 1, 2026.
F. It is unlawful for a person who
Was convicted on or Before December 31, 2026, who is required to register
pursuant to section 13-3821, who is classified as a level two or level
three offender pursuant to section 13-3825 and who is on probation or community
supervision to reside in a single-family dwelling with another person who is
required to register pursuant to section 13-3821. This subsection
does not apply if any of the following applies:
1. the persons are legally related by
blood, marriage or adoption.
2. the single-family dwelling is a
COMMUNITY REENTRY CENTER that is OPERATED BY THE State DEPARTMENT OF
CORRECTIONS and That commenced operation on or before january 1, 2026.
3. the single-family dwelling is a
CERTIFIED BEHAVIORAL HEALTH RESIDENTIAL FACILITy that is SUBJECT TO THE
OVERSIGHT OF THE DEPARTMENT of HEALTH SERVICES and That commenced operation on
or before january 1, 2026.
E.
G.
Notwithstanding
any other law and as a matter of statewide concern, a county, city or town
shall not enact an ordinance that provides for distance restrictions greater
than those found in this section.
F.
H.
For the purposes of this section, measurements
shall be made in a straight line in all directions, without regard to
intervening structures or objects, from the nearest point on the property line
of a parcel containing the person's residence to the nearest point on the
property line of a parcel containing a child care facility or a school or on
which the person's former victim resides.
G.
I.
A
person who violates this section is guilty of a class 1 misdemeanor, except
that a person who commits a second or subsequent violation of subsection A,
paragraph 2 or 3 of this section is guilty of a class 6 felony.
END_STATUTE