sex trafficking victims; prosecution prohibited

Plain English Breakdown

The official text states Section 13-909.01 (vacating convictions) is effective 'only on' a three-fourths vote, while Section 13-505 (prohibiting prosecution) does not explicitly state this requirement in the provided excerpt.

HB2721: Prohibiting Prosecution and Vacating Convictions for Sex Trafficking Victims

This bill stops prosecutors from charging sex trafficking victims with crimes they committed because of their victimization, but a separate part allowing courts to erase past convictions requires a special three-fourths legislative vote before it can take effect.

What This Bill Does

• Prohibits the prosecution of a person for a sex trafficking offense if they prove by a preponderance of evidence that they acted as a direct result of being a victim of sex trafficking or child sex trafficking.
• Allows people convicted of specific trafficking-related offenses to ask a court to vacate their conviction, modify it, or reduce their sentence.
• Requires courts to find clear and convincing evidence that the person was a sex trafficking victim at the time of the offense.
• Mandates that courts also find the person committed the act due to force, threats, coercion, or reasonable fear of harm.
• Applies these rules for vacating convictions regardless of how old the person was when they were originally convicted.

Who It Names or Affects

• People who are currently facing charges for sex trafficking offenses and claim victim status.
• Individuals already convicted of recruiting, harboring, transporting, providing, obtaining, or grooming others for commercial sexual exploitation.
• Courts that must review petitions to vacate convictions or modify sentences under the new rules.

Terms To Know

Preponderance of the evidence

A standard where it is more likely than not (over 50%) that a fact is true, used to stop prosecution in this bill.

Clear and convincing evidence

A higher proof standard requiring strong certainty that facts are true, needed for courts to erase past convictions or reduce sentences.

Trafficking-related offense

Acts such as recruiting, harboring, transporting, providing, obtaining, or grooming another person for commercial sexual exploitation.

Limits and Unknowns

• The part of the bill that allows courts to vacate convictions requires a three-fourths vote from both houses of the legislature to take effect.
• No effective date is listed in the provided text, so it is unknown when these rules will begin.

Official Summary Text

HB2721 - sex trafficking victims; prosecution prohibited

Current Bill Text

HB2721 - 572R - I Ver

REFERENCE TITLE:
sex trafficking victims; prosecution prohibited

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2721

Introduced by

Representative
Bliss: Senator Ortiz

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:

START_STATUTE
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.
END_STATUTE

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:

START_STATUTE
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.
END_STATUTE

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.