Assigned to JUD                                                                                                  FOR CAUCUS & FLOOR ACTION

ARIZONA STATE SENATE

Forty-seventh Legislature, Second Regular Session

AMENDED

FACT SHEET FOR H.B. 2307

homeowners’ associations; disclosure.

(NOW:  prostitution; jail time)

Purpose

            Establishes minimum jail terms for persons convicted of prostitution and classifies a fourth or subsequent offense of prostitution as a class 5 felony.

Background

            Knowingly engaging in prostitution is a class 1 misdemeanor.  Statute defines prostitution as engaging in or agreeing or offering to engage in sexual conduct with another person under a fee arrangement with that person or any other person (A.R.S. § 13-3211).  Cities and towns may enact and enforce ordinances to reduce and prohibit prostitution, provided that the penalty is at least as harsh as the penalty provided by statute. 

            Under Phoenix city ordinance, a person who offers to, agrees to or commits prostitution, or solicits prostitution, in addition to other related offenses, is guilty of a class 1 misdemeanor.  Phoenix defines prostitution as the act of performing sexual activity for hire.

            A person convicted of prostitution in Phoenix must serve jail time of at least: a) 15 days for a first violation; b) 30 days for a second violation; c) 60 days for a third violation; and d) 180 days for a fourth or subsequent violation.  However, Phoenix’s Prostitution Diversion Program (Program) allows persons charged with prostitution to complete a program that aims to prevent persons from engaging in or soliciting prostitution, instead of serving jail time.  The charges against the person are dropped upon completion of the Program, but the Program may only be completed once. 

            The City of Phoenix reports that in FY 2004-2005, there were 1104 cases involving charges for prostitution offenses.  Additionally, 74 percent of 247 women that completed the Program in FY 2004-2005 have not been charged with a subsequent offense of prostitution. 

            There may be a fiscal impact associated with this legislation due to an increased number of persons imprisoned in the county jail.

Provisions

1. Requires persons convicted of prostitution to serve consecutive mandatory jail time as follows:

a) first offense, not less than 15 days.

b) second offense, not less than 30 days.

c) third offense, not less than 60 days.

d) fourth or subsequent offense, not less than 180 days.

2. Requires a person convicted of a third violation of prostitution to complete an appropriate court ordered education or treatment program.

3. Designates a fourth or subsequent offense of prostitution as a class 5 felony.

4. Specifies that a person convicted of a fourth or subsequent offense of prostitution may be sentenced to the Department of Corrections.

5. Makes persons convicted of prostitution ineligible for probation or suspension of execution of sentence unless the entire sentence is served.

6. Specifies that a previous violation of a city or town ordinance that prohibits prostitution and has the same or substantially similar elements as this law is a previous violation of prostitution.

7. Allows cities or towns to enact and enforce ordinances to suppress and prohibit prostitution that provide a penalty for misdemeanor violations that is at least as harsh as the newly established penalties.

8. Makes conforming changes.

9. Becomes effective on the general effective date.

Amendments Adopted by Committee

· Clarifies that a person convicted of prostitution may be sentenced to the Department of Corrections.

House Action Senate Action

FMPR           2/13/06          DPA/SE          5-1-0        JUD                 3/20/06     DPA     4-3-1

3rd   Read     3/1/06                                    36-22-2

Prepared by Senate Research

March 27, 2006

JE/LB/ac