Bill would ban most serious of sex offenders from living near schools

PHOENIX—State lawmakers are considering a bill that would prohibit certain sex offenders with histories of crimes against children from moving into residences within 700 feet of schools or child-care centers.

SB 1555, sponsored by Sen. Jay Tibshraeny, R-Chandler, would apply to sex offenders with the highest rating, Level 3, and who have been convicted of a dangerous crime against children.

“We have regulations now about how close bars and even tattoo parlors can be from schools, but we have nothing in terms of how far sex offenders can live from schools,” Tibshraeny said. If passed, it would be the first statewide mandate on where offenders may live.

“This is a public safety issue,” said Michelle Lehman, a spokeswoman for the city of Surprise. “This widens the buffer zone for the most vulnerable of our citizens—our children—and eases the minds of parents and citizens.” Scottsdale, Gilbert, Phoenix, Avondale and Buckeye also have registered their support for the bill.

Tibshraeny drafted the bill on the recommendation of the League of Arizona Cities and Towns. The issue came to the league’s attention after the city of Mesa could not evict a Level 3 sex offender living across the street from a high school.

“To have a Level 3 offender in close proximity to students walking to and from school, it was a cause of great concern to many parents,” said Scott Butler, a spokesman for Mesa. “Several states have looked at distance requirements, and we thought this was something we could also do here.”

California, Florida, Iowa and Illinois are among 12 states that have enacted some form of residency restrictions on sex offenders.

Tibshraeny’s bill wouldn’t apply to offenders who already live within 700 feet of schools and day-care centers.

Awaiting final approval in the House on Tuesday, the bill passed through the Senate with 27 votes for and two against. The House amended it to decrease the distance from 1,500 feet to 700 feet and to include only those who have committed dangerous crimes against children and are Level 3 offenders.

Another House amendment would prohibit cities and counties from increasing the distance requirement.

If passed by the House, the bill would have to be reconciled with the Senate version.

Sen. Jack Harper, R-Surprise, originally voted against the bill because he said the distance requirement could push offenders to congregate in more rural communities. He is now in support of shortened distance requirement.

“It’s an honorable thing to keep predators away from schools, but it isn’t honorable to drive them into outlying districts,” Harper said. “As originally written, it would punish those outlying areas.”

Barbara Johnson, supervisor of the sex offender unit in the Pima County Adult Probation Department, said she supports the amended bill but stressed that it would only affect a small number of sex offenders.

“I understand that we are trying to protect against sexual predators, but most of these offenses happen with someone that a child trusts,” Johnson said. “We’re not talking about the guy down the street with the trench coat and beady eyes. Most of these laws are tailored to the minority of offenders.”

Johnson said she didn’t know how many of the approximately 300 sex offenders she works with have committed dangerous crimes against children and are rated at Level 3.

Cronkite News Service is as an intensive professional experience for advanced print and broadcast students in Arizona State University’s Walter Cronkite School of Journalism and Mass Communication.