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REFERENCE TITLE: prostitution; assessment; anti-human trafficking fund |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 2720 |
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Introduced by Representatives Bliss: Biasiucci, Nguyen; Senators Bolick, Bravo, Ortiz, Shamp
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AN ACT
amending title 12, chapter 1, article 1, Arizona Revised Statutes, by adding section 12-116.13; AMENDING SECTIONs 13-3214 and 41-1736, ARIZONA REVISED STATUTES; RELATING TO PROSTITUTION.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 12-116.13, to read:
12-116.13. Assessment; anti-human trafficking grant fund
A. In addition to any other assessment, if a person is convicted of a violation of section 13-3214, subsection a, paragraph 2, the court shall order the person to pay an assessment of $200. The assessment shall not be waived and is not subject to a surcharge.
B. The court shall transmit the assessments collected pursuant to this section to the county treasurer.
C. The county treasurer shall transmit the assessments to the state treasurer. The state treasurer shall deposit the assessments in the anti-human trafficking grant fund established by section 41-1736.
Sec. 2. Section 13-3214, Arizona Revised Statutes, is amended to read:
13-3214. Prostitution; classification
A. It is unlawful for a person to knowingly:
1. Engage in prostitution or agree or offer to engage in sexual conduct under a fee arrangement with any person for money or other valuable consideration.
2. Pay for or agree or offer to pay for sexual conduct under a fee arrangement with any person for money or any other valuable consideration.
B. This section does not prohibit cities or towns from enacting and enforcing ordinances to suppress and prohibit prostitution that provide a punishment for misdemeanor violations that is at least as stringent as provided in this section.
C. For the purposes of sentencing under this section, a previous violation of any city or town ordinance that prohibits prostitution and that has the same or substantially similar elements as this section shall be deemed to be a previous violation of this section.
D. It is an affirmative defense to a prosecution under this section that the defendant committed the acts constituting prostitution as a direct result of being a victim of sex trafficking.
E. A person who violates subsection A, paragraph 1 of this section is guilty of a class 1 misdemeanor, except that:
1. A person who is convicted of a first violation of this section shall be sentenced to serve not less than fifteen consecutive days in jail and is not eligible for probation or suspension of execution of sentence until the entire sentence is served.
2. A person who is convicted of a second violation of this section shall be sentenced to serve not less than thirty consecutive days in jail and is not eligible for probation or suspension of execution of sentence until the entire sentence is served.
3. A person who is convicted of a third violation of this section shall be sentenced to serve not less than sixty consecutive days in jail, is not eligible for probation or suspension of execution of sentence until the entire sentence is served and shall complete an appropriate court ordered court-ordered education or treatment program.
4. A person who has previously been convicted of three or more violations of this section and who commits a subsequent violation of this section is guilty of a class 5 felony, shall be sentenced to serve not less than one hundred eighty consecutive days in jail and is not eligible for probation or suspension of execution of sentence until the entire sentence is served. This paragraph does not prohibit a person from being sentenced to serve a period of incarceration in the state department of corrections.
F. A person who violates subsection a, paragraph 2 of this section is guilty of a class 6 felony, except that:
1. A person who is convicted of a first violation of this section shall be sentenced to serve not less than fifteen consecutive days in jail and is not eligible for probation or suspension of execution of sentence until the entire sentence is served.
2. A person who is convicted of a second violation of this section shall be sentenced to serve not less than thirty consecutive days in jail and is not eligible for probation or suspension of execution of sentence until the entire sentence is served.
3. A person who is convicted of a third violation of this section shall be sentenced to serve not less than sixty consecutive days in jail, is not eligible for probation or suspension of execution of sentence until the entire sentence is served and shall complete an appropriate court-ordered education or treatment program.
4. A person who has previously been convicted of three or more violations of this section and who commits a subsequent violation of this section is guilty of a class 4 felony, shall be sentenced to serve not less than one hundred eighty consecutive days in jail and is not eligible for probation or suspension of execution of sentence until the entire sentence is served. This paragraph does not prohibit a person from being sentenced to serve a period of incarceration in the state department of corrections.
Sec. 3. Section 41-1736, Arizona Revised Statutes, is amended to read:
41-1736. Anti-human trafficking grant fund
The anti-human trafficking grant fund is established consisting of monies collected pursuant to section 12-116.13 and monies appropriated by the legislature. Monies in the fund are continuously appropriated. The department shall administer the fund and distribute monies from the fund to programs to reduce human trafficking in this state. To be eligible for grant monies, an anti-human trafficking program shall do either one of the following:
1. Work to reduce human trafficking by providing assistance and analytical services to law enforcement agencies.
2. Provide services to victims of human trafficking. and
3. Provide training to law enforcement agencies, prosecutorial agencies and the public on preventing and identifying human trafficking.