Arizona HB 2720: prostitution; assessment; anti-human trafficking fund

Bill Text

Fifty-seventh Legislature Judiciary
Second Regular Session H.B. 2720

PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2720
(Reference to printed bill)

The bill as proposed to be amended is reprinted as follows: 1
Section 1. Title 12, chapter 1, article 1, Arizona Revised 2
Statutes, is amended by adding section 12-116.13, to read: 3
12-116.13. Assessment; anti-human trafficking grant fund 4
A. IN ADDITION TO ANY OTHER ASSESSMENT, IF A PERSON IS CONVICTED OF 5
A VIOLATION OF SECTION 13-3214, SUBSECTION A, PARAGRAPH 2, THE COURT SHALL 6
ORDER THE PERSON TO PAY AN ASSESSMENT OF $200. THE ASSESSMENT SHALL NOT 7
BE WAIVED AND IS NOT SUBJECT TO A SURCHARGE. 8
B. THE COURT SHALL TRANSMIT THE ASSESSMENTS COLLECTED PURSUANT TO 9
THIS SECTION TO THE COUNTY TREASURER. 10
C. THE COUNTY TREASURER SHALL TRANSMIT THE ASSESSMENTS TO THE STATE 11
TREASURER. THE STATE TREASURER SHALL DEPOSIT THE ASSESSMENTS IN THE 12
ANTI-HUMAN TRAFFICKING GRANT FUND ESTABLISHED BY SECTION 41-1736. 13
Sec. 2. Section 13-3214, Arizona Revised Statutes, is amended to 14
read: 15
13-3214. Prostitution; classification 16
A. It is unlawful for a person to knowingly: 17
1. [Engage in prostitution OR AGREE OR OFFER TO ENGAGE IN SEXUAL 18
CONDUCT UNDER A FEE ARRANGEMENT WITH ANY PERSON FOR MONEY OR OTHER 19
VALUABLE CONSIDERATION] [OFFER TO RECEIVE, AGREE TO RECEIVE OR RECEIVE A 20
MONETARY FEE OR OTHER VALUABLE CONSIDERATION FOR ENGAGING IN SEXUAL 21
CONDUCT WITH ANOTHER PERSON]. 22
2. [PAY FOR OR AGREE OR OFFER TO PAY FOR SEXUAL CONDUCT UNDER A FEE 23
ARRANGEMENT WITH ANY PERSON FOR MONEY OR ANY OTHER VALUABLE CONSIDERATION] 24
[OFFER TO PAY, AGREE TO PAY OR PAY A MONETARY FEE OR VALUABLE 25
CONSIDERATION FOR ENGAGING IN SEXUAL CONDUCT WITH ANOTHER PERSON]. 26
B. This section does not prohibit cities or towns from enacting and 27
enforcing ordinances to suppress and prohibit prostitution that provide a 28
Amendment instruction key:
[GREEN UNDERLINING IN BRACKETS] indicates text added to statute or
previously enacted session law.
[Green underlining in brackets] indicates text added to new session law
or text restoring existing law.
[GREEN STRIKEOUT IN BRACKETS] indicates new text removed from statute
or previously enacted session law.
[Green strikeout in brackets] indicates text removed from existing statute,
previously enacted session law or new session law.
<<Green carets>> indicate a section added to the bill.
<<Green strikeout in carets>> indicates a section removed from the bill.

House Amendments to H.B. 2720

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punishment for misdemeanor violations that is at least as stringent as 1
provided in this section. 2
C. For the purposes of sentencing under this section, a previous 3
violation of any city or town ordinance that prohibits prostitution and 4
that has the same or substantially similar elements as this section shall 5
be deemed to be a previous violation of this section. 6
D. It is an affirmative defense to a prosecution under this section 7
that the defendant committed the acts constituting [prostitution] [A 8
VIOLATION OF SUBSECTION A, PARAGRAPH 1 OF THIS SECTION] as a direct result 9
of being a victim of sex trafficking. 10
E. A person who violates SUBSECTION A, PARAGRAPH 1 OF this section 11
is guilty of a class 1 misdemeanor, except that: 12
1. A person who is convicted of a first violation of this section 13
shall be sentenced to serve not less than fifteen consecutive days in jail 14
and is not eligible for probation or suspension of execution of sentence 15
until the entire sentence is served. 16
2. A person who is convicted of a second violation of this section 17
shall be sentenced to serve not less than thirty consecutive days in jail 18
and is not eligible for probation or suspension of execution of sentence 19
until the entire sentence is served. 20
3. A person who is convicted of a third violation of this section 21
shall be sentenced to serve not less than sixty consecutive days in jail, 22
is not eligible for probation or suspension of execution of sentence until 23
the entire sentence is served and shall complete an appropriate court 24
ordered COURT-ORDERED education or treatment program. 25
4. A person who has previously been convicted of three or more 26
violations of this section and who commits a subsequent violation of this 27
section is guilty of a class 5 felony, shall be sentenced to serve not 28
less than one hundred eighty consecutive days in jail and is not eligible 29
for probation or suspension of execution of sentence until the entire 30
sentence is served. This paragraph does not prohibit a person from being 31
sentenced to serve a period of incarceration in the state department of 32
corrections. 33
F. A PERSON WHO VIOLATES SUBSECTION A, PARAGRAPH 2 OF THIS SECTION 34
IS GUILTY OF A CLASS 6 FELONY, EXCEPT THAT: 35
1. A PERSON WHO IS CONVICTED OF A FIRST VIOLATION OF THIS SECTION 36
SHALL BE SENTENCED TO SERVE NOT LESS THAN FIFTEEN CONSECUTIVE DAYS IN JAIL 37
AND IS NOT ELIGIBLE FOR PROBATION OR