prostitution; assessment; anti-human trafficking fund

HB2720 - 572R - H Ver

House Engrossed

prostitution;
assessment; anti-human trafficking fund

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2720

AN
ACT

amending title 12, chapter 1, article 1,
Arizona Revised Statutes, by adding section 12-116.13; AMENDING SECTIONs
13-909, 13-911, 13-3214 and 41-1736, ARIZONA REVISED
STATUTES; RELATING TO human trafficking.

(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:

START_STATUTE
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.
END_STATUTE

Sec.
2.
Section
13-909, Arizona Revised Statutes, is amended to read:

START_STATUTE
13-909.

Vacating the conviction of a sex trafficking victim; requirements

A. A person who was convicted of a
violation of section 13-3214 or a city or town ordinance that has the
same or substantially similar elements as section 13-3214 may apply to
the court that pronounced sentence to vacate the person's
conviction. The court shall grant the application and vacate the
conviction if the court finds by clear and convincing evidence that the
person's participation in the offense was a direct result of being a victim of
sex trafficking pursuant to section 13-1307 or 13-3212.

B. If the prosecutor does not oppose the
application, the court may grant the application and vacate the conviction
without a hearing.

C. If the prosecutor opposes the
application, the court shall hold a hearing on the application.

D. On vacating the conviction, the court
shall:

1. Release the applicant from all
penalties and disabilities resulting from the conviction.

2. Enter an order

sealing all records that relate to the applicant's arrest, conviction
and sentence and
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.

3. Transmit the order vacating the
conviction to the arresting agency, the prosecutor and the department of public
safety.

E. A conviction vacated pursuant to this
section does not qualify as a historical prior felony conviction and cannot be
alleged for any purpose pursuant to section 13-703 or 13-707.

F. Except on an application for
employment that requires a fingerprint clearance card pursuant to title 41,
chapter 12, article 3.1, a person whose conviction is vacated under this
section may in all instances state that the person has never been arrested for,
charged with or convicted of the crime that is the subject of the conviction,
including in response to questions on employment, housing, financial aid or
loan applications.

END_STATUTE

Sec.
3.
Section
13-911, Arizona Revised Statutes, is amended to read:

START_STATUTE
13-911.

Sealing of arrest, conviction and sentencing records;
requirements; fee; appeal; definition

A. A person may file a petition to seal
all case records related to a criminal offense if the person was:

1. Convicted of a criminal offense and
has completed all of the terms and conditions of the sentence that was imposed
by the court, including the payment of all monetary obligations and restitution
to all victims.

2. Charged with a criminal offense and
the charge was subsequently dismissed or resulted in a not guilty verdict at a
trial.

3. Arrested for a criminal offense and
no charges were filed.

B. All case records
, except those vacated pursuant to section 13-909,

that are sealed pursuant to this section may be:

1. Alleged as an element of an offense.

2. Used as a historical prior felony
conviction.

3. Admissible for impeaching any party
or witness in a subsequent trial.

4. Used to enhance the sentence for a
subsequent felony.

5. Used to enhance the sentence pursuant
to sections 28-1381 and 28-1382.

6. Pleaded and proved in any subsequent
prosecution of the person by this state or a political subdivision of this
state.

7. Used as a conviction if the
conviction would be admissible if the conviction was not sealed.

C. The person shall file a petition to
seal all case records in one of the following:

1. The court in which the person was
convicted of an offense.

2. The court in which an indictment,
information, criminal citation or complaint against the person was filed and
the charges were dismissed, the person was found not guilty or the person's
conviction was vacated, except that if the complaint was filed in a justice
court and a subsequent information was filed, the petition must be filed in the
superior court.

3. The court in which the person had an
initial appearance if charges were not filed.

4. The superior court in the county
where a person was arrested if the person did not have an initial appearance
and no charges were filed.

D. The court may not grant or deny a
petition to seal a person's case records until sixty calendar days after the
court receives the petition unless the court receives notice that both the
prosecutor and all victims who have made a request for postconviction notice do
not object to the petition. Unless the petitioner, prosecutor or
victim requests a hearing, the court may grant or deny a petition to seal case
records without a hearing. The court may dismiss a petition that
does not meet the requirements prescribed in this section without a
hearing. The court shall grant the petition if the court determines
that granting the petition is in the best interests of the petitioner and the
public's safety. The clerk of the court shall provide a copy of the
petition to seal case records to the prosecutor. The prosecutor may
respond to the petition and request a hearing.� The victim has a right to be
present and heard at any proceeding in which the defendant has filed a petition
to seal case records. If the victim has made a request for
postconviction notice, the prosecutor shall provide the victim with notice of
the defendant's petition and of the victim's rights under this section.

E. At the time of sentencing, the court
shall inform the person on the record that the person may be eligible to
petition the court for an order that seals all case records of the person's
arrest, conviction and sentence that are related to the offense pursuant to
this section and shall provide this notice in writing.� A person who was
convicted of any eligible offense may petition the court to seal the person's
records of arrest, conviction and sentence after the person completes all of
the nonmonetary terms and conditions of the person's sentence ordered by the
court, and the following period of time has passed since the person completed
the nonmonetary conditions of probation or sentence and was discharged by the
court:

1. Ten years for a class 2 or 3 felony.

2. Five years for a class 4, 5 or 6
felony.

3. Three years for a class 1
misdemeanor.

4. Two years for a class 2 or 3
misdemeanor.

5. Immediately for an offense vacated
pursuant to section 13-909.

F. A person whose case records have been
sealed pursuant to subsection E of this section and who commits a subsequent
felony offense may petition the court pursuant to subsection E of this section
to seal the person's records of arrest, conviction and sentence relating to the
subsequent felony offense after the applicable period of time prescribed in
subsection E of this section for the subsequent felony offense has expired and
an additional five years have passed.

G. A petitioner is required to have paid
all fines, fees and restitution ordered by the court at the time of filing the
petition to be eligible to seal case records pursuant to this section.

H. After a petition to seal case records
is filed, the court shall notify the department of public safety and request
the department to prepare and submit a report to the court that includes all of
the petitioner's state and federal arrests, prosecutions and convictions and
any other information that the court requests or that the department believes
will assist the court in making its determination.� The director may charge the
petitioner a fee that is determined by the director for the investigation unless
the petitioner is indigent or has been found not guilty or the case was
dismissed or not prosecuted and the petition is filed pursuant to subsection C,
paragraph 2 or 3 of this section.

I. If the court grants a petition to
seal case records:

1. The court shall issue an order
sealing all records relating to the petitioner's arrest, conviction and
sentence and directing the clerk of the court to notify the department of
public safety and the prosecutor of the sealing order.

2. On order of a court, the clerk of the
court shall seal all case records relating to the petitioner's arrest,
conviction and sentence.� A court order to seal case records pursuant to this
section is subject only to the disclosure requirements in this section and
shall be treated differently than a record that is sealed pursuant to any other
statute or court rule.� The clerk shall create and manage a system for sealing
case records pursuant to this section and for providing sealed case records to
an entity or person that is listed in subsection J of this section and that
requests the record.� On the request of an entity or person listed in
subsection J of this section, the clerk shall provide the entity or person with
any sealed case records. The clerk may not provide sealed case
records pursuant to this section to any person or entity that is not listed in
subsection J of this section.

3. The department of public safety shall
designate the case records as sealed within the department's records and inform
all appropriate state and federal law enforcement agencies of the
sealing. The department may not share or provide sealed case records
with any person or entity or for any purpose that is not listed in subsections
B and J of this section.� The department may charge the successful petitioner a
fee determined by the director to research and correct the petitioner's
criminal history record unless the petitioner is indigent or has been found not
guilty or the case has been dismissed or not prosecuted and the petition is
filed pursuant to subsection C, paragraph 2 or 3 of this section.

4. The arresting and prosecuting
agencies shall clearly identify in each agency's files and electronic records
that the petitioner's arrest or conviction and sentence records are sealed.

5. A person whose records are sealed
pursuant to this section may state, in all instances, that the person has never
been arrested for, charged with or convicted of the crime that is the subject
of the arrest or conviction, including in response to questions on employment,
housing, financial aid or loan applications unless any of the following
applies:

(a) The person is submitting an
application that requires a fingerprint clearance card pursuant to title 41,
chapter 12, article 3.1.

(b) The sealed case records involved a
class 2 or class 3 felony violation of chapter 34 of this title.

(c) The sealed case records involved
burglary under section 13-1506, 13-1507 or 13-1508, theft
under section 13-1802 or organized retail theft under section 13-1819
from a residential or nonresidential structure and the person is applying for a
job that requires entering into and performing services inside of a residential
structure.

(d) The sealed case records involved
child abuse under section 13-3623 or aggravated assault under section 13-1204
and the person is applying for a job involving supervising, educating or
administering care to a minor.

(e) The sealed case records involved
vulnerable adult abuse under section 13-3623 and the person is applying
for a job involving supervising or administering care to a vulnerable adult or
a person who is at least sixty-five years of age.

(f) The sealed case records involved a
violation of section 5-395.01, 5-396, 5-397, 13-1814,
28-1381, 28-1382, 28-1383, 28-8282, 28-8284, 28-8286,
28-8287 or 28-8288 and the person is applying for a job involving
the commercial or private operation of a motor vehicle, boat or airplane.

(g) The sealed case records involved a
violation of chapter 18, 19, 20, 21, 22 or 23 of this title or
telecommunication fraud under section 13-3707 and the person is applying
for a job involving accounting, overseeing, transporting, handling or managing
another person's money or financial assets.

(h) The person is applying for a
position with a law enforcement agency, a prosecutor's office, a court, a
probation department, a child welfare agency as defined in section 8-501,
the department of child safety, the department of juvenile corrections or the
state department of corrections.

(i) The person is undergoing a background
check for the placement with that person of a child who is in the custody of
the department of child safety.

(j) The disclosure is required by a
state or federal law.

(k) The disclosure is required to comply
with program integrity provisions of medicare, medicaid or any other federal
health care program.

6. The person's employer is not liable
for hiring or contracting with the person as prescribed in section 12-558.03.

J. If the person's case records are
sealed pursuant to this section, the records shall be made available for the
purposes listed in subsection B of this section and to the following:

1. The person whose records are sealed
and any attorney who has filed a notice of appearance on behalf of the person
whose records are sealed.

2. The victim in the case if the victim
has exercised victims' rights pursuant to section 13-4414.

3. Any of the following if the purpose
relates to the operation of the requesting party's official duties or internal
hiring practices, or both:

(a) A law enforcement agency.

(b) A prosecuting agency.� On request of
a person who is charged with a criminal offense or that person's attorney of
record, a prosecuting agency shall provide the sealed case records of any
person whom the prosecuting agency intends to call as a witness in that
person's prosecution.

(c) A probation department or any agency
that is responsible for the preparation of a presentence report.

(d) A court.

(e) The department of child safety or a
child welfare agency as defined in section 8-501.

(f) The department of juvenile
corrections.

(g) The state department of corrections
or any other correctional facility in this state.

(h) The clerk of the court or any
department that is responsible for maintaining court records.

K. This section does not require the
supreme court or the court of appeals to seal any record.

L. If the court denies a petition to
seal case records, a person may not file a new petition until three years after
the date of the denial.

M. A conviction for an offense that is
committed in another jurisdiction and that if committed in this state would not
constitute an offense in this state may not be used against the petitioner or
prohibit the petitioner from having a record sealed.� For the purposes of this
section, the classification of an offense committed in another jurisdiction has
the classification that the offense would have if committed in this state.

N. If the petitioner has a charge
pending or is charged with an offense after filing a petition to seal case
records pursuant to subsection C, paragraph 3 or 4 of this section and the
charge could result in a conviction that cannot be sealed or that could extend
the time to file a petition to seal case records, the court may not grant or
deny the petition until the court disposes of that charge.

O. The following offenses are not
eligible to be sealed pursuant to this section:

1. A dangerous offense as defined in
section 13-105.

2. A dangerous crime against children as
defined in section 13-705.

3. A serious offense or violent or
aggravated felony as defined in section 13-706.

4. Any offense that has either of the
following as an element of the offense:

(a) The discharge, use or threatening
exhibition of a deadly weapon or dangerous instrument.

(b) The knowing infliction of serious
physical injury on another person.

5. Sex trafficking pursuant to section
13-1307.

6. A class 2, 3, 4 or 5 felony offense
that is included in chapter 14 or 35.1 of this title.

P. This section does not affect any of
the following:

1. The right of the person whose case
records are sealed to appeal the conviction or sentence or to rely on it in bar
of any subsequent proceeding for the same offense.

2. The right of a law enforcement agency
to maintain an arrest and conviction record and to communicate information
regarding the sealed record of arrest or conviction to prosecuting agencies,
courts, probation departments and other law enforcement agencies for a purpose
listed in subsection J of this section or in defense of a civil action that
arises out of the facts of the arrest or to the Arizona peace officer standards
and training board solely to assist the board in determining the fitness of a
person to serve as a peace officer, except that in any of these cases the
information may not be disclosed to any person or entity that is not listed in
subsection J of this section.

3. The department of public safety or
the board of fingerprinting from considering a conviction that is sealed
pursuant to this section when evaluating an application for a fingerprint
clearance card pursuant to section 41-1758.03 or 41-1758.07, except
that the board of fingerprinting shall consider sealed case records as a
mitigating circumstance in determining whether to grant a good cause exception
pursuant to section 41-619.55.

4. A court from issuing a lifetime
injunction pursuant to section 13-719 or the validity of a lifetime
injunction that was issued pursuant to section 13-719.

Q. For the purposes of this section,
"case records" means all records that pertain to a person's arrest,
conviction and sentence for a particular offense and that may be sealed
pursuant to this section.
END_STATUTE

Sec. 4. Section 13-3214, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-3214.

Prostitution; classification

A. It is unlawful for a person to knowingly
:

1.
Engage in
prostitution

Offer to receive, agree to receive or
receive a monetary fee or other valuable consideration for engaging in sexual
conduct with another person.

2.
Offer to
pay, agree to pay or pay a monetary fee or valuable consideration for engaging
in sexual conduct with another person
.

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

a violation of subsection A,
paragraph 1 of this section
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.

END_STATUTE

Sec. 5. Section 41-1736, Arizona Revised
Statutes, is amended to read:

START_STATUTE
41-1736.

Anti-human
trafficking grant fund

a.
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.

b. notwithstanding subsection a of
this section, Monies collected pursuant to section 12-116.13 from a
person who is convicted of a violation of section 13-3214, subsection A,
paragraph 2 shall be used exclusively to provide services to victims of sex
trafficking.
END_STATUTE