ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

House: JUD DP 5-3-0-0-0-0

HB 2759: nonprofits; facilitation; trafficking offenses; penalties

Sponsor: Representative Gillette, LD 30

Caucus & COW

Overview

Subjects a person who facilitates the trafficking of a person, or who intentionally or knowingly benefits from facilitating a venture that traffics another person, to civil liability for damages under existing law. Prohibits the Arizona Corporation Commission (ACC) from incorporating a corporation if an officer, director or trustee has been convicted of specific smuggling or trafficking offenses.

History

Current statute makes a person who engages in the trafficking of a person, or who intentionally or knowingly benefits from participating in a venture that traffics another person, civilly liable to the person that was trafficked for damages arising from the trafficking.

For these purposes, traffics another person or trafficking of a person means conduct that constitutes a criminal offense under A.R.S. §§ 13-1306 (unlawfully obtaining labor or services), 13-1307 (sex trafficking), 13-1308 (trafficking of persons for forced labor or services), 13-3206 (taking child for purpose of prostitution) or 13-3212 (child sex trafficking). However, it is not a defense to civil liability under this statute that the defendant was acquitted, or has not been prosecuted for or convicted of, a criminal offense or has been convicted of a different offense, or of a different type or class of offense, for the conduct that is alleged to give rise to civil liability. Person carries the same definition as that in A.R.S. § 13-105.

A plaintiff who prevails in a civil lawsuit under this statute is required to be awarded actual damages, including damages for mental anguish even if an injury other than mental anguish is not show, court costs and reasonable attorney fees. Additionally, the plaintiff may recover exemplary damages. A person who is found responsible for the conduct in this statute for any amount of damages arising from the trafficking is jointly liable with another person found to be liable for the entire amount of damages arising from the trafficking.

The rights and remedies provided by this statute supplement another other rights and remedies provided by law, including common law rights (A.R.S. § 12-722).

Provisions

1. Includes a person who facilitates the trafficking of a person or who knowingly and intentionally benefits from facilitating a venture that traffics another person to civil liability for damages to the person trafficked pursuant to A.R.S. § 12-722, including joint liability with any other person liable for the damages. (Sec. 2)

2. Prohibits the ACC from incorporating a corporation if an officer, director or trustee of the corporation has been convicted of any of the following offenses:

a) Smuggling;

b) Participating in or assisting a human smuggling organization;

c) Unlawfully obtaining labor or services;

d) Sex trafficking;

e) Trafficking of persons for forced labor or services;

f) Child sex trafficking; or

g) Any federal immigration offenses. (Sec. 1)

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k) HB 2759

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