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REFERENCE TITLE: sex trafficking victims; prosecution prohibited |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 2721 |
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Introduced by Representative Bliss: Senator Ortiz
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AN ACT
amending title 13, chapter 5, Arizona REvised Statutes, by adding section 13-505; amending title 13, chapter 9, Arizona Revised Statutes, by adding section 13-909.01; relating to sex trafficking victims.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 5, Arizona Revised Statutes, is amended by adding section 13-505, to read:
13-505. Sex trafficking victims; prosecution prohibited
A person may not be prosecuted for a sex trafficking offense if the person demonstrates by a preponderance of the evidence that the person committed the acts constituting the offense as a direct result of being a victim of sex trafficking under section 13-1307 or child sex trafficking under section 13-3212.
Sec. 2. Subject to the requirements of article IV, part I, section 1, Constitution of Arizona, title 13, chapter 9, Arizona Revised Statutes, is amended by adding section 13-909.01, to read:
13-909.01. Vacating the conviction of persons convicted of trafficking-related offenses; applicability; definition
A. A person who is convicted of a trafficking-related offense may petition the court to vacate or modify the judgment of conviction or reduce or MODIFY the sentence if the court finds by clear and convincing evidence that the person both:
1. Was a victim of sex trafficking under section 13-1307 or CHILD sex trafficking under section 13-3212 at the time the person committed the acts constituting the offense.
2. committed the offense under force, threats, coercion or a reasonable fear of harm.
B. This section applies regardless of the person's age at the time of conviction.
C. For the purposes of this section, "trafficking-related offense" means recruiting, harboring, transporting, providing, obtaining or grooming another person for commercial sexual exploitation.
Sec. 3. Requirements for enactment; three-fourths vote
Pursuant to article IV, part 1, section 1, Constitution of Arizona, section 13-909.01, Arizona Revised Statutes, as added by this act, is effective only on the affirmative vote of at least three-fourths of the members of each house of the legislature.