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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
mandatory sentences; children; trafficking; smuggling
Purpose
Increases the term of imprisonment required for an adult or a person tried as an adult and who is convicted of an initial or subsequent dangerous crime against children (DCAC) in the first degree involving continuous sexual abuse of a child. Specifies that a person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the imposed sentence has been served or commuted for outlined offenses related to human smuggling.
Background
A person commits participating in a human smuggling organization
by: 1) intentionally organizing, managing, directing, supervising or financing
a human smuggling organization with the intent to promote or further the
criminal objectives of the human smuggling organization;
2) knowingly directing or instructing others to engage in violence or
intimidation to promote or further the criminal objectives of a human smuggling
organization; 3) furnishing advice or direction in the conduct, financing or
management of a human smuggling organization's affairs with the intent to
promote or further the criminal objectives of a human smuggling organization;
or 4) intentionally promoting or furthering the criminal objectives of a human
smuggling organization by inducing or committing any act or omission by a
public servant in violation of the public servant's official duty (A.R.S.
§ 13-2323). A person commits continuous sexual
abuse of a child by engaging in three or more violations, over three
months, of sexual conduct with a minor, sexual assault or molestation
of a child where the child is younger than 14 years old. Continuous
sexual abuse of a child is classified as a class 2 felony (A.R.S.
§ 13-1417).
The Director of the Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR) may authorize temporary removal under custody for one day from prison of any inmate for the purpose of prison administration employment, voluntary medical research or for participating in community action activities directed toward delinquency prevention and community betterment programs. The Director of ADCRR may also authorize furlough, temporary removal or temporary release of any inmate for compassionate leave, certain inmate medical treatments and for disaster aid (A.R.S. § 31-233).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Increases the term of imprisonment required for a person who is at least 18 years old or who has been tried as an adult and who is convicted of an initial DCAC in the first degree involving continuous sexual abuse of a child to:
a) 39 years minimum, rather than 13 years minimum;
b) 60 years presumptive, rather than 20 years presumptive; and
c) 81 years maximum, rather than 27 years maximum.
2. Increases the term of imprisonment required for a person who is at least 18 years old or who has been tried as an adult and who has been previously convicted of one predicate felony to:
a) 69 years minimum, rather than 23 years minimum;
b) 90 years presumptive, rather than 30 years presumptive; and
c) 111 years maximum, rather than 37 years maximum.
3. Specifies that a person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis, except for eligible participants of the earned release credit program, until the imposed sentence has been served or commuted for offenses of:
a) trafficking of persons for forced labor or services;
b) sexual extortion;
c) participating in human smuggling organizations or operations;
d) causing a spouse to become a prostitute;
e) detaining a person in a house of prostitution;
f) luring or aggravated luring of a minor for sexual exploitation; or
g) the unlawful sale or purchase of children.
4. Specifies that an entity commits participating in a human smuggling organization or operation by knowingly assisting in the transportation of a person to either conceal the person from a peace officer or assist the person in fleeing from a peace officer who is lawfully attempting to arrest or detain the person.
5. Specifies that a person commits participating in a human smuggling organization or operation if the person, among other offenses, intentionally or knowingly, rather than only intentionally, organizes, manages, directs, supervises, coordinates, facilitates, leads, assists, participates in or finances a human smuggling organization or operation that furthers the criminal objectives of the human smuggling organization or operation.
6. Stipulates that only a person who is convicted of an initial or subsequent DCAC involving unlawful age misrepresentation, instead of persons convicted of a DCAC involving luring a minor for sexual exploitation, sexual extortion or unlawful age misrepresentation, is eligible for early release based on the earned release credit program.
7. Includes, in the offense of committing participating in a human smuggling organization, a human smuggling operation.
8. Makes technical and conforming changes.
9. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Stipulates that only a person who is convicted of an initial or subsequent DCAC involving unlawful age misrepresentation, instead of persons convicted of a DCAC involving luring a minor for sexual exploitation, sexual extortion or unlawful age misrepresentation, is eligible for early release based on the earned release credit program.
2. Removes the provision specifying that a human smuggling offense is not eligible for suspension of sentence, regardless of if the offense involved the use or threatened use of deadly physical force.
3. Removes provisions that increase the felony classification for certain human smuggling violations.
4. Removes the provision that modifies the elements necessary to commit a human smuggling offense.
5. Specifies that an entity commits participating in a human smuggling organization or operation by knowingly assisting in the transportation of a person to either conceal the person from a peace officer or assist the person in fleeing from a peace officer who is lawfully attempting to arrest or detain the person.
House Action Senate Action
JUD 2/16/22 DP 9-0-0-1 JUD 3/10/22 DP 4-3-1
3rd Read 2/23/22 55-4-1
Prepared by Senate Research
April 20, 2022
ZD/HW/sr