HB2665 - 562R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 12-116.07, Arizona Revised Statutes, is amended to read:

START_STATUTE12-116.07. Assessments for dangerous crimes against children and sexual offenses

A. In addition to any other assessment or restitution, if a person is convicted of a dangerous crime against children as defined in section 13-705 or sexual assault a violation of section 13-1404, 13-1405, 13-1406 or 13-3212, the court shall order the person to pay an assessment of $500. The assessment shall not be waived and is not subject to a surcharge.

B. The court shall transmit the monies collected pursuant to this section to the county treasurer for the purpose of defraying the cost of investigations pursuant to section 13-1414. END_STATUTE

Sec. 2. Section 13-909, Arizona Revised Statutes, is amended to read:

START_STATUTE13-909. Vacating the conviction of a sex trafficking victim; requirements

A. A person who was convicted of a violation of section 13-3214 or a city or town ordinance that has the same or substantially similar elements as section 13-3214 committed before July 24, 2014 may apply to the court that pronounced sentence to vacate the person's conviction. The court shall grant the application and vacate the conviction if the court finds by clear and convincing evidence that the person's participation in the offense was a direct result of being a victim of sex trafficking pursuant to section 13-1307.

B. If the prosecutor does not oppose the application, the court may grant the application and vacate the conviction without a hearing.

C. If the prosecutor opposes the application, the court shall hold a hearing on the application.

D. On vacating the conviction, the court shall:

1. Release the applicant from all penalties and disabilities resulting from the conviction.

2. Enter an order that a notation be made in the court file and in law enforcement and prosecution records that the conviction has been vacated and the person was the victim of a crime.

3. Transmit the order vacating the conviction to the arresting agency, the prosecutor and the department of public safety.

E. A conviction vacated pursuant to this section does not qualify as a historical prior felony conviction and cannot be alleged for any purpose pursuant to section 13-703 or 13-707.

F. Except on an application for employment that requires a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1, a person whose conviction is vacated under this section may in all instances state that the person has never been arrested for, charged with or convicted of the crime that is the subject of the conviction, including in response to questions on employment, housing, financial aid or loan applications. END_STATUTE

Sec. 3. Section 13-1421, Arizona Revised Statutes, is amended to read:

START_STATUTE13-1421. Evidence relating to victim's chastity; pretrial hearing

A. Evidence relating to a victim's reputation for chastity and opinion evidence relating to a victim's chastity are not admissible in any prosecution for any offense in this chapter, section 13-3212 or chapter 35.1 of this title. Evidence of specific instances of the victim's prior sexual conduct may be admitted only if a judge finds the evidence is relevant and is material to a fact in issue in the case and that the inflammatory or prejudicial nature of the evidence does not outweigh the probative value of the evidence, and if the evidence is one of the following:

1. Evidence of the victim's past sexual conduct with the defendant.

2. Evidence of specific instances of sexual activity showing the source or origin of semen, pregnancy, disease or trauma.

3. Evidence that supports a claim that the victim has a motive in accusing the defendant of the crime.

4. Evidence offered for the purpose of impeachment when the prosecutor puts the victim's prior sexual conduct in issue.

5. Evidence of false allegations of sexual misconduct made by the victim against others.

B. Evidence described in subsection A of this section shall not be referred to in any statements to a jury or introduced at trial without a court order after a hearing on written motions is held to determine the admissibility of the evidence. If new information is discovered during the course of the trial that may make the evidence described in subsection A of this section admissible, the court may hold a hearing to determine the admissibility of the evidence under subsection A of this section. The standard for admissibility of evidence under subsection A of this section is by clear and convincing evidence. END_STATUTE

Sec. 4. Section 13-3212, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3212. Child sex trafficking; classification; increased punishment; definition

A. A person commits child sex trafficking by knowingly:

1. Causing any minor to engage in prostitution.

2. Using any minor for the purposes of prostitution.

3. Permitting a minor who is under the person's custody or control to engage in prostitution.

4. Receiving any benefit for or on account of procuring or placing a minor in any place or in the charge or custody of any person for the purpose of prostitution.

5. Receiving any benefit pursuant to an agreement to participate in the proceeds of prostitution of a minor.

6. Financing, managing, supervising, controlling or owning, either alone or in association with others, prostitution activity involving a minor.

7. Transporting or financing the transportation of any minor with the intent that the minor engage in prostitution.

8. Providing a means by which a minor engages in prostitution.

9. Enticing, recruiting, harboring, providing, transporting, making available to another or otherwise obtaining a minor with the intent to cause the minor to engage in prostitution or any sexually explicit performance.

10. Enticing, recruiting, harboring, providing, transporting, making available to another or otherwise obtaining a minor with the knowledge that the minor will engage in prostitution or any sexually explicit performance.

B. A person who is at least eighteen years of age commits child sex trafficking by knowingly:

1. Engaging in prostitution with a minor who is under fifteen years of age or engaging in prostitution with a person for the purpose of facilitating the prostitution of a minor under fifteen years of age.

2. Engaging in prostitution with a minor who the person knows or should have known is fifteen, sixteen or seventeen years of age or engaging in prostitution with a person for the purpose of facilitating the prostitution of a minor who the person knows or should have known is fifteen, sixteen or seventeen years of age.

3. Engaging in prostitution with a minor who is fifteen, sixteen or seventeen years of age.

C. It is not a defense to a prosecution under subsection A and subsection B, paragraphs 1 and 2 of this section that the other person is a peace officer posing as a minor, or a person assisting a peace officer posing as a minor or a peace officer posing as a person facilitating the prostitution of a minor.

D. Notwithstanding any other law, a sentence imposed on a person for a violation of this section shall be consecutive to any other sentence imposed on the person at any time.

E. Child sex trafficking pursuant to subsection A of this section is a class 2 felony if the minor is under fifteen years of age and is punishable pursuant to section 13-705.

F. Child sex trafficking pursuant to subsection B, paragraph 1 of this section is a class 2 felony and is punishable pursuant to section 13-705.

G. Except as provided in subsection H of this section, if the minor is fifteen, sixteen or seventeen years of age, child sex trafficking pursuant to subsection A of this section is a class 2 felony, the person convicted shall be sentenced pursuant to this section and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted. The presumptive term may be aggravated or mitigated within the range under this section pursuant to section 13-701, subsections C, D and E. The terms are as follows:

1. The term for a first offense is as follows:

Minimum Presumptive Maximum

13 years 20 years 27 years

2. The term for a defendant who has one historical prior felony conviction is as follows:

Minimum Presumptive Maximum

25 years 35 years 45 years

3. The term for a defendant who has two or more historical prior felony convictions is as follows:

Minimum Presumptive Maximum

30 years 40 years 50 years

H. If the person has previously been convicted of child sex trafficking involving a minor who is fifteen, sixteen or seventeen years of age, child sex trafficking pursuant to subsection A of this section is a class 2 felony, the person convicted shall be sentenced pursuant to this section and the person shall be sentenced to imprisonment in the custody of the state department of corrections for natural life. A person who is sentenced to natural life is not eligible for commutation, parole, work furlough, work release or release from confinement on any basis for the remainder of the person's natural life.

I. If the minor is fifteen, sixteen or seventeen years of age, child sex trafficking pursuant to subsection B, paragraph 2 of this section is a class 2 felony, the person convicted shall be sentenced pursuant to this section and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted. The presumptive term may be aggravated or mitigated within the range under this section pursuant to section 13-701, subsections C, D and E. The terms are as follows:

1. The term for a first offense is as follows:

Minimum Presumptive Maximum

7 years 10.5 years 21 years

2. The term for a defendant who has one historical prior felony conviction is as follows:

Minimum Presumptive Maximum

14 years 15.75 years 28 years

3. The term for a defendant who has two or more historical prior felony convictions is as follows:

Minimum Presumptive Maximum

21 years 28 years 35 years

J. Except as provided in subsection K of this section, child sex trafficking pursuant to subsection B, paragraph 3 of this section is a class 5 felony. If the court sentences the person to a term of probation, the court shall order that as an initial term of probation the person be imprisoned in the county jail for not less than one hundred eighty consecutive days. This jail term shall commence on the date of sentencing. The court may suspend ninety days of the jail sentence if the person has not previously been convicted of a violation of this section, a violation of section 13-3214 or a violation of any city or town ordinance that prohibits prostitution and that has the same or substantially similar elements as section 13-3214 and the person successfully completes an appropriate court ordered education or treatment program.

K. If the person has previously been convicted of child sex trafficking or attempted child sex trafficking pursuant to this section, child sex trafficking pursuant to subsection B, paragraph 3 of this section is a class 2 felony and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed has been served or commuted.

L. This section does not preclude the state from alleging and proving any other sentencing enhancements as provided by law.

M. For the purposes of this section, "sexually explicit performance" means a live or public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interest of patrons. END_STATUTE

Sec. 5. Section 13-3967, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3967. Release on bailable offenses before trial; definition

A. At his appearance before a judicial officer, any person who is charged with a public offense that is bailable as a matter of right shall be ordered released pending trial on his own recognizance or on the execution of bail in an amount specified by the judicial officer.

B. In determining the method of release or the amount of bail, the judicial officer, on the basis of available information, shall take into account all of the following:

1. The views of the victim.

2. The nature and circumstances of the offense charged.

3. Whether the accused has a prior arrest or conviction for a serious offense or violent or aggravated felony as defined in section 13-706 or an offense in another state that would be a serious offense or violent or aggravated felony as defined in section 13-706 if committed in this state.

4. Evidence that the accused poses a danger to others in the community.

5. The results of a risk or lethality assessment in a domestic violence charge that is presented to the court.

6. The weight of evidence against the accused.

7. The accused's family ties, employment, financial resources, character and mental condition.

8. The results of any drug test submitted to the court.

9. Whether the accused is using any substance if its possession or use is illegal pursuant to chapter 34 of this title.

10. Whether the accused violated section 13-3407, subsection A, paragraph 2, 3, 4 or 7 involving methamphetamine or section 13-3407.01.

11. The length of residence in the community.

12. The accused's record of arrests and convictions.

13. The accused's record of appearance at court proceedings or of flight to avoid prosecution or failure to appear at court proceedings.

14. Whether the accused has entered or remained in the United States illegally.

15. Whether the accused's residence is in this state, in another state or outside the United States.

C. If a judicial officer orders the release of a defendant who is charged with a felony either on his own recognizance or on bail, the judicial officer shall condition the defendant's release on the defendant's good behavior while so released. On a showing of probable cause that the defendant committed any offense during the period of release, a judicial officer may revoke the defendant's release pursuant to section 13-3968.

D. After providing notice to the victim pursuant to section 13-4406, a judicial officer may impose any of the following conditions on a person who is released on his own recognizance or on bail:

1. Place the person in the custody of a designated person or organization agreeing to supervise him.

2. Place restrictions on the person's travel, associates or place of abode during the period of release.

3. Require the deposit with the clerk of the court of cash or other security, such deposit to be returned on the performance of the conditions of release.

4. Prohibit the person from possessing any deadly weapon or engaging in certain described activities or indulging in intoxicating liquors or certain drugs.

5. Require the person to report regularly to and remain under the supervision of an officer of the court.

6. Impose any other conditions deemed reasonably necessary to assure appearance as required including a condition requiring that the person return to custody after specified hours.

E. In addition to any of the conditions a judicial officer may impose pursuant to subsection D of this section, the judicial officer shall impose both of the following conditions on a person who is charged with a felony violation of chapter 14 or 35.1 of this title or section 13-3212 and who is released on his own recognizance or on bail:

1. Electronic monitoring where available.

2. A condition prohibiting the person from having any contact with the victim.

F. The judicial officer who authorizes the release of the person charged on his own recognizance or on bail shall do all of the following:

1. Issue an appropriate order containing statements of the conditions imposed.

2. Inform the person of the penalties that apply to any violation of the conditions of release.

3. Advise the person that a warrant for his arrest may be issued immediately on any violation of the conditions of release, including the failure to submit to deoxyribonucleic acid testing ordered pursuant to paragraph 4 of this subsection.

4. If the person is charged with a felony or misdemeanor offense listed in section 13-610, subsection O, paragraph 3 and is summoned to appear, order the person to report within five days to the law enforcement agency that arrested the person or to the agency's designee and submit a sufficient sample of buccal cells or other bodily substances for deoxyribonucleic acid testing and extraction. If a person does not comply with an order issued pursuant to this paragraph, the court shall revoke the person's release.

G. At any time after providing notice to the victim pursuant to section 13-4406, the judicial officer who orders the release of a person on any condition specified in this section or the court in which a prosecution is pending may amend the order to employ additional or different conditions of release, including either an increase or reduction in the amount of bail. On application, the defendant shall be entitled to have the conditions of release reviewed by the judicial officer who imposed them or by the court in which the prosecution is pending. Reasonable notice of the application shall be given to the county attorney and the victim.

H. Any information that is stated or offered in connection with any order pursuant to this section need not conform to the rules pertaining to admissibility of evidence in a court of law.

I. This section does not prevent the disposition of any case or class of cases by forfeiture of bail or collateral security if such disposition is authorized by the court.

J. A judicial officer who orders the release of a juvenile who is enrolled in a school and who has been transferred to the criminal division of the superior court pursuant to section 8-327 or who has been charged as an adult pursuant to section 13-501 shall notify the appropriate school on the release of the juvenile from custody.

K. For the purposes of this section and section 13-3968, "judicial officer" means any person or court authorized pursuant to the constitution or laws of this state to bail or otherwise release a person before trial or sentencing or pending appeal. END_STATUTE