Assigned to JUD                                                                                                                AS PASSED BY COW

 


 

 

 


ARIZONA STATE SENATE

Fifty-Sixth Legislature, Second Regular Session

 

AMENDED

FACT SHEET FOR H.B. 2623

 

vacate conviction; sex trafficking; victims

Purpose

Removes the requirement that a prostitution offense committed as a result of being a victim of sex trafficking must have been committed before July 24, 2014, in order for the offender to be able to apply to have the conviction vacated. Allows victims of child sex trafficking who are convicted of prostitution offenses to apply for their conviction to be vacated.

Background

A person who is convicted of a prostitution offense, or a similar city or town ordinance, is allowed to apply to the sentencing court to have the person's conviction vacated. The court must grant the application and vacate the conviction if the court finds by clear and convincing evidence that the person's participation in the prostitution offense was a direct result of being a victim of sex trafficking. The conviction, however, may only be vacated if the offense was committed before July 24, 2014.

On vacating the prostitution conviction, the court must: 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; and 3) transmit the order vacating the conviction to the arresting agency, the prosecutor and the Department of Public Safety. A vacated conviction does not qualify as a historical prior felony and does not preclude a person from being approved for a fingerprint clearance card (A.R.S. § 13-909).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Removes the requirement that a prostitution offense that was committed as a result of being a victim of sex trafficking must have been committed before July 24, 2014, in order for the offender to be able to apply to have the conviction vacated.

2.   Allows a person who is convicted of a prostitution offense to have their conviction vacated if clear and convincing evidence shows that the prostitution offense was the direct result of being a victim of child sex trafficking.

3.   Becomes effective on the general effective date.

 

Amendments Adopted by Committee of the Whole

· Adds that a person who is convicted of a prostitution offense may apply for the conviction to be vacated if clear and convincing evidence shows that the prostitution offense was the direct result of being a victim of child sex trafficking.

House Action                                                           Senate Action

JUD                 2/7/24        DP       7-0-0-2               JUD                 3/14/24      DP          7-0-0

3rd Read          2/20/24                  57-0-2-0-1

Prepared by Senate Research

April 3, 2024

ZD/cs