ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

 

HB 2116: human trafficking; civil action; liability

Sponsor:  Representative Bolick, LD 20

Committee on Criminal Justice Reform

Overview

Outlines liability of intentionally or knowingly benefiting from participating in a venture that traffics another person.

History

A person commits a class 4 felony if a person knowingly obtains the labor or services of another person by doing any of the following:

1)    Causing or threatening to cause bodily injury to that person or another person;

2)    Restraining or threatening to restrain that person or another person without lawful authority and against that person's will; or

3)    Withholding that person's governmental records, identifying information or other personal property. (A.R.S. § 13-1306).

A person commits a class 2 felony if a person knowingly traffics another person who is eighteen years of age or older with either of the following:

1)    The intent to cause the other person to engage in any prostitution or sexually explicit performance by deception, force or coercion; or

2)    The knowledge that the other person will engage in any prostitution or sexually explicit performance by deception, coercion or force. (A.R.S. § 13-1307).

 

Provisions

1.    Outlines liability of intentionally or knowingly benefitting from participating in a venture that traffics another person. (Sec. 1)

2.    Asserts that a person who knowingly and intentionally engages in or benefits from the trafficking of a person is liable for damages. (Sec. 1)

3.    States it is not a defense to liability if the person was acquitted, prosecuted or convicted of a different criminal offense. (Sec. 1)

4.    States that a person or entity can be held liable for damages for the trafficking of another person if the trafficked person can prove the person or entity received a direct personal benefit from the action. (Sec. 1)

5.    Entitles a person who has been trafficked to be awarded the following:

a)    Actual damages, including damages for mental distress, even if an injury other than mental distress is not shown;

b)    Court costs and reasonable attorney fees; and

c)    Exemplary damages. (Sec. 1)

6.    Defines person, traffics another person and trafficking of another person. (Sec. 1)☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

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10.                    HB 2116

11.  Initials LC  Page 0 Criminal Justice Reform

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