ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
board of fingerprinting; continuation
Purpose
Continues the Board of Fingerprinting (Board) for eight years.
Background
Statute requires the Board to determine good cause exceptions and central registry exceptions for the issuance of fingerprint clearance cards (A.R.S. 41-619.53). Statute allows the Board to grant a good cause exception at a hearing if: 1) the person shows to the Board's satisfaction that the person is not awaiting trial on or has not been convicted of specified offenses; or 2) the person is successfully rehabilitated and is not a recidivist. The Board must also consider: 1) the extent of the person's criminal record; 2) the length of time that has elapsed since the offense was committed; 3) the nature of the offense; 4) any applicable mitigating circumstances; 5) the degree to which the person participated in the offense; and 6) the extent of the person's rehabilitation (A.R.S. 41-619.55).
Statute requires a majority plus an additional member, of the members present, to vote to approve an application in order to grant a good cause exception or a central registry exception (A.R.S. 41-619.53). The Board consists of six representatives, one from each of the following agencies: 1) the Arizona Supreme Court; 2) the Department of Economic Security; 3) the Arizona Department of Education; 4) the Department of Health Services; 5) the Arizona Department of Juvenile Corrections; and 6) the Department of Child Safety (A.R.S. 41-619.52).
The Board is set to terminate on July 1, 2021, unless legislation is enacted for its continuation (A.R.S. 41-3021.12). The Senate Transportation and Public Safety Committee of Reference met on November 10, 2020, and the House of Representatives Judiciary Committee of Reference met on January 13, 2021, to conduct a review of the Board. Both Committees of Reference recommended the Board be continued for eight years.
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Continues, retroactive to July 1, 2021, the Board until July 1, 2029.
2. Repeals the Board on January 1, 2030.
3. Contains a purpose statement.
4. Becomes effective on the general effective date, with a retroactive provision as noted.
Prepared by Senate Research
January 19, 2021
JA/kja