On April 18, 2007, the governor signed Senate Bill ("SB") 1045 into law. This bill, which the Board requested to be introduced and which was sponsored by Senator Linda Gray, expanded the list of crimes that would cause the Department of Public Safety ("DPS") to deny or suspend a fingerprint clearance card. The legislation will become effective on the General Effective Date.
The bill adds soliciting and facilitating a crime to the preparatory offenses that cause a fingerprint-clearance-card application to be denied or suspended. The legislation also makes several changes to the list of precluding crimes.
SB 1045 adds the following new crimes to the list of nonappealable offenses. "Nonappealable" means that the applicant whose fingerprint clearance card is denied or suspended cannot request a good cause exception from the Board, unless DPS denied or suspended the fingerprint clearance card because it could not determine the disposition of a nonappealable offense. Below is a list of the nine new, nonappealable crimes.
- Sex trafficking
- Sexual abuse
- Production, publication, sale, possession, and presentation of obscene items as prescribed in section 13-3502
- Furnishing harmful items to minors as prescribed in section 13-3506
- Furnishing harmful items to minors by internet activity as prescribed in section 13-3506.01
- Obscene or indecent telephone communications to minors for commercial purposes as prescribed in section 13-3512
- Luring a minor for sexual exploitation
- Portraying adult as a minor as prescribed in section 13-3555
- Admitting minors to public displays of sexual conduct as prescribed in section 13-3558
SB 1045 also moved nine crimes that currently are appealable (i.e., the applicant can request a good cause exception) to the list of nonappealable offenses. Below is a list of the nine crimes that currently are appealable but will become nonappealable.
- Enticement of persons for purposes of prostitution
- Procurement by false pretenses of person for purposes of prostitution
- Procuring or placing persons in a house of prostitution
- Receiving earnings of a prostitute
- Causing one's spouse to become a prostitution
- Detention of persons in a house of prostitution for debt
- Keeping or residing in a house of prostitution or employment in prostitution
- Transporting persons for the purpose of prostitution, polygamy, and concubinage
SB 1045 adds several new appealable offenses. "Appealable" means that the applicant whose fingerprint clearance card is denied or suspended is eligible to request a good cause exception from the Board. Below is a list of the 10 new, appealable offenses.
- Negligent homicide
- Criminal damage
- Misappropriation of charter school monies as prescribed in section 13-1818
- Taking identity of another person
- Aggravated taking identity of another person
- Trafficking in the identity of another person
- Cruelty to animals
- Sale or distribution of material harmful to minors through vending machines as prescribed in section 13-3513
- Welfare fraud
Finally, SB 1045 changed one category of appealable offenses—criminal offenses involving organized crime and fraud under Arizona Revised Statutes, title 13, chapter 23. This category now will include any offense under title 13, chapter 23, whether or not the offense involves organized crime or fraud. With this change, the following offenses will become appealable, precluding crimes.
- Computer tampering
- Unlawful possession of an access device
- Unauthorized release of proprietary or confidential computer security information
Questions about SB 1045?
If you have any questions about SB 1045, please contact Matthew A. Scheller, Executive Director, at [email protected] or (602) 265-0135.
The text of the bill is available in HTML format at this link.