S.B.1422

Arizona State Legislature

Bill Title vacating conviction; trafficking; local offenses
Hispanic Sponsors AZ Whip Martin Quezada -- Minority Whip (D-AZ-029)
Date Introduced 01/30/2017
NHCSL Task Force
Law and Criminal Justice
Primary Issue Area Commerce
Issue Areas
Criminal justice
Economic development
Session 53rd Legislature - 1st Regular Session

Summary

SB1422 - 531R - House Bill Summary ARIZONA HOUSE OF REPRESENTATIVES SB1422: vacating conviction; trafficking; local offenses PRIME SPONSOR: Senator Quezada, LD 29 BILL STATUS: Chaptered Abstract Relating to vacating prostitution convictions. Provisions 1. Permits a person convicted of a violation of a city or town's prostitution ordinance to apply to have the sentence vacated if the offense occurred as a result of the person being a victim of sex trafficking. (Sec. 1) 2. Specifies that a conviction vacated pursuant to this section does not qualify as a historical prior felony conviction and cannot be considered for enhanced misdemeanor sentencing. (Sec. 1) 3. Makes technical changes. (Sec. 1) Current Law A.R.S. Title 13, Chapter 32defines prostitution and outlines sentencing guidelines. A.R.S. SS 13-1307 defines sex trafficking. Violations of the offenses in this section are a Class 2 felony (5 years/ $150,000 + surcharges) and if the offense is committed against a person under the age of 15 it is considered a dangerous crime against children. Under A.R.S. SS 13-3214 it is an affirmative defense of a violation of the state statute if the defendant committed the acts constituting prostitution as a direct result of being a victim of sex trafficking. A.R.S. SS 907.01 states that a person convicted of prostitution prior to July 24, 2014 may apply to the court to have the conviction vacated if the person's participation in the offense was a direct result of being a victim of sex trafficking. Additional Information In 2013, Governor Jan Brewer established the Governor's Task Force on Human Trafficking for the purpose of reducing human trafficking and assisting victims of these crimes. In 2014, the Governor signed HB2454 into law increasing penalties for sex trafficking crimes involving minors and adding additional protections for victims. ---------- DOCUMENT FOOTER --------- Fifty-third Legislature SB1422 First Regular Session Version 4: Chaptered ---------- DOCUMENT FOOTER ---------

Notes

Official & Unofficial Title(s): Vacating Conviction; Trafficking; Local Offenses Bill/Law #: AZ S.B. 1422 NHCSL Committee: Immigration, Human and Civil Rights NHCSL Sponsor(s): Martin Quezada State/Territory: Arizona Date: March 28, 2017 Summary: Any individual convicted of violating section 13-3214, before July 24, 2014 will have the opportunity to appeal the conviction if they were a victim of sex trafficking.