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HB4136 - 572R - H Ver
House Engrossed
unlawful entry;
vulnerable adults; vagrants
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 4136
AN
ACT
AMENDING TITLE 13, CHAPTER 15, ARIZONA
REVISED STATUTES, BY ADDING SECTION 13-1510; AMENDING SECTION 13-3821,
ARIZONA REVISED STATUTES; RELATING TO CRIMINAL TRESPASS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section
1.
1. Title
13, chapter 15, Arizona Revised Statutes, is amended by adding section 13-1510,
to read:
START_STATUTE
13-1510.
Unlawful entry in or on a residential structure in which a
vulnerable adult resides; sexual offense; classification; definition
A. A person commits unlawful entry in
or on a residential structure in which a vulnerable adult resides if all of the
following apply:
1. The person knowingly Enters or
remains in or on a residential structure in or on which a vulnerable adult is
residing
in violation of section 13-1507, 13-1508 or
13-2923.
2. The owner of the residence or
caregiver of the vulnerable adult has not given the person permission to enter
or remain in or on the residential structure.
3. The owner of the residence or
caregiver of the vulnerable adult reportS the incident to authorities.
B. A person commits unlawful entry in
or on a residential structure in which a vulnerable adult resides INVOLVING a
SEXUAL OFFENSE if all of the following apply:
1. The person knowingly Enters or
remains in or on a residential structure in or on which a vulnerable adult is
residing
in violation of section 13-1507, 13-1508 or
13-2923.
2. The owner of the residence or
caregiver of the vulnerable adult has not given the person permission to enter
or remain in or on the residential structure.
3. The owner of the residence or
caregiver of the vulnerable adult reportS the incident to authorities.
4. The person commits any of the
following
against the vulnerable adult while in the
residence:
(
a
) An offense
for which there has been a finding of sexual motivation pursuant to section 13-118.
(
b
) An offense
under section 13-1307 or 13-3019.
(
c
) An offense
under chapter 14 OR 32 of this title.
C. A violation of subsection b of
this section is a class 3 felony. A violation of subsection a of this section
is a class 4 felony.
D. For the purposes of this section
"Vulnerable Adult" HAS THE SAME MEANING PRESCRIBED IN section 46-451.
END_STATUTE
Sec.
2.
2. Section
13-3821, Arizona Revised Statutes, is amended to read:
START_STATUTE
13-3821.
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 seventy-two hours,
excluding weekends and legal holidays, after entering and remaining for at
least seventy-two hours in any county of this state, shall register with
the sheriff of that county:
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
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.
23. Unlawful entry in or on a
residential structure in which a vulnerable adult resides involving a sexual
offense pursuant to section 13-1510, subsection B.
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 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. 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 all of the following:
1. All names by which the person is known.
2. Any required online identifier.
3. The name of any website or internet communication
service where the identifier is being used.
4. If the person owns, possesses or regularly
operates a motor vehicle that is required to be registered under title 28,
chapter 7, the make, model, year of manufacture, color, vehicle identification
number, state of registration and license plate number of the motor vehicle.
5. If the person has legal custody of a child who is
enrolled in school, the child's name and enrollment status.
6. The physical location of the person's residence,
the person's address and whether the person's residence is permanent or
temporary, except that:
(a) If the person has a place of residence that is
different from the person's address, the person shall provide the person's
address, the physical location of the person's residence and the name of the
owner of the residence if the residence is privately owned and not offered for
rent or lease.
(b) If the person receives mail at a post office box
or other place, the person shall provide the location and number of the post
office box or other place.
(c) If the person has more than one residence, the
person shall register in person and in writing every residence and address not
less than every ninety days with the sheriff in whose jurisdiction the person
is physically present.
(d) If the person does not have an address or a
permanent place of residence, the person shall provide a description and
physical location of any temporary residence and shall register as a transient
not less than every ninety days with the sheriff in whose jurisdiction the
transient is physically present.
J. On the person's initial registration and every
year after the person's initial registration during the month of the person's
birthdate, the person shall report in person to the sheriff of the county in
which the person is registered and confirm in writing all information required
by this section, 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 $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 residence and 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 all locations at which the person receives mail.
2. "Legal custody" means the right to have
physical possession of a child.
3. "Required online identifier" means any
electronic 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.
4. "Residence" means:
(a) The person's dwelling place, whether permanent
or temporary.
(b) If the person is transient and does not spend at
least three nights in any location or place within a thirty-day period,
the geographic areas of the county where the person spends the nights.
5. "School" means a public or nonpublic
kindergarten program, common school or high school.
6. "Transient" means a person who does not
have a single and permanent dwelling place.
END_STATUTE