prostitution; assessment; anti-human trafficking fund.

SB1535 - 572R - S Ver

Senate Engrossed

prostitution;
assessment; anti-human trafficking fund.

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SENATE BILL 1535

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 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:

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