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ARIZONA legislation
Arizona Pending Anti-Human Trafficking Legislation
2023 Bill Text AZ H.B. 2759
Purpose
• Prohibits the Arizona Corporation Commission (ACC) from incorporating a corporation if an officer, director or trustee has been convicted of specified trafficking offenses. Subjects a person who facilitates, rather than just engages in, trafficking offenses to civil liability to the person trafficked.
Background
• Incorporation occurs and the corporate existence begins when the articles of incorporation and certificate of disclosure are delivered to the ACC for filing. The certificate of disclosure must set forth specified information regarding all persons who, at the time of the disclosure's delivery, are officers, directors, trustees and incorporators, including whether any of the persons have been convicted of a felony involving a transaction in securities, consumer fraud or antitrust, or an offense for which the essential elements consisted of fraud, misrepresentation, theft by false pretenses or restraint of trade or monopoly, in any state or federal jurisdiction within the five-year period immediately preceding the execution of the certificate (A.R.S. Section Section 10-3202 and 10-3203).
• A person who engages in the trafficking of a person or who intentionally or knowingly benefits from the trafficking of another person is civilly liable to the person trafficked for damages that arise from the trafficking of that person, including actual damages, court costs, reasonable attorney fees, exemplary damages and mental anguish. For the purposes of determining civil liability, trafficking of a person means conduct that constitutes an offense under unlawfully obtaining labor or services, sex trafficking, trafficking of persons for forced labor or services, taking a child for the purpose of prostitution and child sex trafficking (A.R.S. Section 12-722).
• There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits the ACC from incorporating a corporation if an officer, director or trustee of the corporation has been convicted of:
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 offense.
2. Subjects a person who facilitates the trafficking of a person or who intentionally or knowingly benefits from a trafficking venture to civil liability for outlined damages to the person trafficked.
3. Becomes effective on the general effective date.
2023 Bill Text AZ S.B. 1311
Purpose
⁃ Establishes the Antihuman Trafficking Grant Fund (Fund) to be administered by the Arizona Department of Homeland Security (AZDHS). Appropriates $ 10 million from the state General Fund (State GF) in FY 2024 to the Fund, to be allocated to state, county and municipal law enforcement agencies as specified.
Background
• AZDHS is tasked with:
1) formulating policies, plans and programs to enhance the ability of Arizona to prevent and respond to acts of terrorism, cybersecurity threats and other critical hazards;
2) adhering to all federal grant terms and conditions;
3) requesting appropriations or grants of monies for homeland security purposes;
4) receiving all awards granted to Arizona by the federal government for homeland security purposes; and
5) distributing monies to local jurisdictions and other organizations eligible under federal regulations based on criteria in the federal grant guidelines (A.R.S. Section 41-4254).
• S.B. 1311 appropriates $ 45 million from the state GF in FY 2024 to the Fund.
Provisions
1. Establishes the Fund to be administered by AZDHS, consisting of legislative appropriations.
2. Appropriates $ 10 million from the state GF to the Fund in FY 2024 and requires AZDHS to distribute monies to programs that reduce human trafficking in Arizona.
3. Requires AZDHS to allocate $ 2 million from the Fund to the Arizona Counter Terrorism Information Center (ACTIC) within the Department of Public Safety for antihuman trafficking operations.
4. Requires AZDHS to allocate $ 8 million in award grants from the Fund to municipal and county law enforcement agencies, not exceeding $ 500,000 per agency, for programs that reduce human trafficking.
5. Requires a program, in order to qualify for grant monies, to:
a) reduce transnational organized crime;
b) provide training analytical services and network discovery tools to DPS and other law enforcement agencies applying for grants;
c) proactively detect and track networks, including identifying key players, assets and patterns of life;
d) augment prosecutorial practices to allow law enforcement agencies to target entire networks and networks' facilitators;
e) track investigative leads using tools and analytic methods;
f) reduce uniformed and civilian staff hours needed to detect and track leads; and
g) foster interagency collaboration.
6. Requires a program to use private contractors and provide training, analytical services and trafficking network discovery tools to law enforcement agencies in order to:
a) proactively detect and track networks through technology that is calibrated to identify key players, assets and patterns of life and that augments current prosecutorial practices with quantifiable data that allows law enforcement agencies to target entire trafficking networks and facilitators;
b) reduce the number of staff needed to detect and track investigative leads by applying tools and analytical methods developed by the private contractor; and
c) foster efficiency and interagency collaboration within law enforcement agencies by identifying and thoroughly mapping a greater number of transnational criminal organizations to develop prosecutable evidence in a greatly reduced time frame.
7. Specifies that monies in the Fund are continuously appropriated.
8. Exempts the appropriation from lapsing.
9. Becomes effective on the general effective date.
2023 Bill Text AZ H.B. 2754
Purpose
• Adds nongovernmental organizations in the definition of an enterprise for the purpose of determining criminal liability for an enterprise and subjects an enterprise to criminal liability for the offense of participating in a human smuggling organization or operation.
Background
• A person commits participating in a human smuggling organization or operation by:
1) intentionally or knowingly organizing, managing, directing, supervising, coordinating, facilitating, leading, assisting, participating in or financing a human smuggling organization or operation that furthers the criminal objectives of the human smuggling organization or operation;
2) knowingly directing or instructing others to engage in violence or intimidation to promote or further the criminal objectives of a human smuggling organization or operation;
3) furnishing advice or direction in the conduct, financing or management of a human smuggling organization's or operation's affairs with the intent to promote or further the criminal objectives of a human smuggling organization or operation;
4) intentionally promoting or furthering the criminal objectives of a human smuggling organization or operation by inducing or committing any act or omission by a public servant in violation of the public servant's official duty; or
5) knowingly assisting a human smuggling organization or operation by transporting a person, or procuring the transportation for a person, with the intent to conceal the person from a peace officer or assist the person with fleeing from a peace officer who is attempting to lawfully arrest or detain the person (A.R.S. Section 13-2323).
• An enterprise, which includes any corporation, association, labor union or other legal entity, commits an offense if:
1) the conduct constituting the offense consists of a failure to discharge a specific duty imposed by law;
2) the conduct undertaken in behalf of the enterprise and constituting the offense is engaged in, authorized, solicited, commanded or recklessly tolerated by the directors of the enterprise in any manner or by a high managerial agent acting within the scope of employment; or
3) the conduct constituting the offense is engaged in by an agent of the enterprise while acting within the scope of employment and in behalf of the enterprise and the offense is either a misdemeanor or petty offense or the offense is defined by a statute which imposes criminal liability on an enterprise (A.R.S. Section 13-305).
• There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Modifies the definition of enterprise within the context of the criminal code to include nongovernmental organizations
2. Subjects an enterprise to criminal liability for the offense of participating in a human smuggling organization or operation
3. Becomes effective on the general effective date.
Bill Text AZ H.B. 1408
Purpose
• Makes it unlawful for a person to intentionally or knowingly use a telephone or computer application or program that assists in the smuggling of human beings. Classifies a human smuggling violation as a class 2 felony regardless of other circumstances.
Background
• It is unlawful for a person to intentionally engage in the smuggling of human beings for profit or commercial purpose. A human smuggling violation is a class 4 felony, except that it is a class 2 felony if the human being who is smuggled is under 18 years old and is not accompanied by a family member over 18 years old, and the offense involved a deadly weapon or dangerous instrument. A violation is a class 3 felony if the offense involves the use or threatened use of deadly physical force, and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis, with certain exceptions (A.R.S. Section 13-2319).
• A class 4, class 3 and class 2 felony carry presumptive prison sentences of 2.5 years, 3.5 years and 5 years, respectively. A monetary fine for a felony must not exceed $ 150,000 as determined by the court (A.R.S. Section 13-702 and 13-801).
• There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Makes it unlawful for a person to intentionally or knowingly use a telephone or computer application or program that assists in the smuggling of human beings.
2. Classifies a human smuggling violation as a class 2 felony regardless of other circumstances.
3. Makes any offender of a human smuggling violation ineligible for suspension of sentence, probation, pardon or release from confinement on any basis, with certain exceptions.
4. Makes conforming changes.
5. Becomes effective on the general effective date.
Bill Text AZ H.B. 2169
Purpose
• An emergency measure that prohibits the possession, trafficking or importation of a child sex doll and classifies a violation as a class 4 felony. Requires persons convicted of or adjudicated guilty except insane for a violation to register as a sex offender and be included on the sex offender website.
Background
• A person commits sexual exploitation of a minor by knowingly:
1) recording, filming, photographing, developing or duplicating any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct; or
2) distributing, transporting, exhibiting, receiving, selling, purchasing, electronically transmitting, possessing or exchanging any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct. Sexual exploitation of a minor is a class 2 felony and is punishable as a dangerous crime against children if the minor is under 15 years of age (A.R.S. Section 13-3553).
• The Department of Public Safety (DPS) must establish and maintain an internet sex offender website for the purpose of providing sex offender information to the public. The internet sex offender website must include any offender whose risk assessment has been determined to be a level two or level three, or any person assessed to be a level one offender and who has been convicted of the following offenses:
1) sexual assault;
2) sexual exploitation of a minor if the offender is at least 21 years old and is sentenced for a dangerous crime against children;
3) commercial sexual exploitation of a minor;
4) sexual abuse if the victim is under 12 years old;
5) molestation of a child if the victim is under 12 years old;
6) sexual conduct with a minor if the victim is under 12 years old;
7) child prostitution if committed on or before August 9, 2017;
8) child sex trafficking as specified;
9) taking a child for the purpose of prostitution if the victim is under 12 years old;
10) luring a minor for sexual exploitation if the victim is under 12 years old;
11) aggravated luring of a minor for sexual exploitation if the victim is under 12 years old; and
12) continuous sexual abuse of a child if the victim is under 12 years old (A.R.S. Section 13-3827).
• There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits the possession, trafficking or importation of a child sex doll and classifies a violation as a class 4 felony.
2. Defines child sex doll as an anatomically correct doll, mannequin or robot that:
a) has the features of, or features that resemble, those of an infant or a child who is under 12 years old; and
b) is intended to be used for sexual stimulation or gratification.
3. States that a person commits possession of a child sex doll by intentionally or knowingly possessing a child sex doll.
4. States that a person commits trafficking a child sex doll by knowingly manufacturing, distributing, selling, transferring, offering to sell, advertising, providing, shipping, delivering for shipment, offering to deliver for shipment or possessing with the intent to manufacture, distribute sell, ship or transfer a child sex doll.
5. States that a person commits importing a child sex doll by knowingly transporting a child sex doll into Arizona by any means with the intent to distribute, sell or transfer the child sex doll.
6. Provides that the possession of two or more child sex dolls, unless satisfactorily explained, may give rise to an inference that a person intends to commit trafficking of child sex dolls.
7. Includes, in the classification for sexual exploitation of a minor, selling or purchasing a child sex doll with the intent to replicate the physical features of a real infant or a minor who is under 12 years old.
8. Requires persons convicted of or adjudicated guilty except insane for a violation of possessing, trafficking or importing a child sex doll to register as a sex offender.
9. Requires the internet sex offender website to include persons convicted of or adjudicated guilty except insane for a violation of possessing, trafficking or importing a child sex doll.
10. Makes technical changes.
11. Becomes effective on signature of the Governor, if the emergency clause is enacted.
Bill Text AZ S.B. 1583
Purpose
• Removes the age threshold under which a victim of various sexual offenses, whether completed or preparatory, must fall for a level one offender to be required to register on the internet sex offender website.
Background
• The Department of Public Safety (DPS) must establish and maintain an internet sex offender website for the purpose of providing sex offender information to the public. The internet sex offender website must include any offender whose risk assessment has been determined to be a level two or level three, or any person assessed to be a level one offender and who has been convicted of the following offenses:
1) sexual assault;
2) sexual exploitation of a minor if the offender is at least 21 years old and is sentenced for a dangerous crime against children;
3) commercial sexual exploitation of a minor;
4) sexual abuse if the victim is under 12 years old;
5) molestation of a child if the victim is under 12 years old;
6) sexual conduct with a minor if the victim is under 12 years old;
7) child prostitution if committed on or before August 9, 2017;
8) child sex trafficking as specified;
9) taking a child for the purpose of prostitution if the victim is under 12 years old;
10) luring a minor for sexual exploitation if the victim is under 12 years old;
11) aggravated luring of a minor for sexual exploitation if the victim is under 12 years old; and
12) continuous sexual abuse of a child if the victim is under 12 years old (A.R.S. Section 13-3827).
• There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the internet sex offender website, regardless of the victim's age, to include any offender that is sentenced for a dangerous crime against children and who was convicted of or adjudicated guilty except insane for:
a) sexual abuse;
b) molestation of a child;
c) sexual conduct of a minor;
d) taking a child for the purpose of prostitution;
e) luring of a minor for sexual exploitation;
f) aggravated luring of a minor for sexual exploitation; and
g) continuous sexual abuse of a child.
2. Requires the internet sex offender website to include offenders of any child sex trafficking offense committed on or after August 9, 2017, if the offender was sentenced for a dangerous crime against children.
3. Requires offenders of listed sexual offenses to be included on the internet sex offender website, whether the offense was completed or preparatory.
4. States that the reporting requirement applies to a person who is convicted or adjudicated guilty except insane of outlined offenses that were committed before, on or after the general effective date.
5. States that DPS, if the offender was convicted of an outlined offense before the effective date of this act, is not required to include the name and information of an offender on the internet sex offender website until January 1, 2024.
6. Becomes effective on the general effective date.
Bill Text AZ S.B. 1294
Purpose
• Effective July 1, 2024, requires the Department of Public Safety (DPS) to make available on the internet sex offender website, rather than allow DPS to disseminate, registered sex offender's required online identifier and any corresponding website or internet communication service to an authorized organization.
Background
• DPS is required to maintain an internet sex offender website for the purpose of providing information to the public. Persons required to register on the website are sex offenders whose risk assessment has been determined to be level 2 or level 3, and any person convicted of or adjudicated guilty except insane for sexual assault offenses or other sex offenses as outlined. A separate database and search function must also be maintained on the website that contains:
1) any required online identifier of sex offenders assessed to be level 2 or level 3; and
2) the name of any website or internet communication service where the required online identifier is being used. DPS may disseminate a registered sex offender's required online identifier and the name of any corresponding website or internet communication service to a business or organization that offers electronic communication services for comparison with information that is held by the requesting business or organization (A.R.S. Section 13-3827).
•There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires DPS to make available on the internet sex offender website, rather than allow DPS to disseminate, a registered sex offender's required online identifier and any corresponding website or internet communication service to an authorized organization.
2. Specifies that a sex offender's required online identifier must be made available to an authorized organization, rather than a business or organization that offers electronic communication services for comparison with information held by the business or organization, and would be subject to the same requirements and limitations relating to required online identifiers.
3. Defines an authorized organization as an internet communication service or related safety organization that is approved by DPS to access required online identifiers on the internet sex offender website.
4. Makes conforming changes.
5. Becomes effective on July 1, 2024.
Amendments Adopted by Committee of the Whole
1. Requires a sex offender's required online identifier to be made available on the internet sex offender website, rather than DPS's website.
2. Adds a delayed effective date of July 1, 2024.
3. Modifies the definition of authorized organization to include a related safety organization approved by DPS.