HB 2759
Initials JL Page 1 Vetoed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
House: JUD DP 5-3-0-0-0-0 | 3
rd
Read DP 31-28-1-0-0
Senate: MAPS DP 5-2-0-0 | 3
rd
Read DP 18-9-3-0-0
HB 2759: nonprofits; facilitation; trafficking offenses; penalties
Sponsor: Representative Gillette, LD 30
Vetoed
Overview
Subjects a person who facilitates the trafficking of a person, or who intentionally or knowingly
benefits from facilitating a venture that traffics another person, to civil liability for damages under
existing law. Prohibits the Arizona Corporation Commission (ACC) from incorporating a
corporation if an officer, director or trustee has been convicted of specific smuggling or trafficking
offenses.
History
Current statute makes a person who engages in the trafficking of a person, or who intentionally
or knowingly benefits from participating in a venture that traffics another person, civilly liable to
the person that was trafficked for damages arising from the trafficking.
For these purposes, traffics another person or trafficking of a person means conduct that
constitutes a criminal offense under A.R.S. §§ 13-1306 (unlawfully obtaining labor or services),
13-1307 (sex trafficking), 13-1308 (trafficking of persons for forced labor or services), 13-3206
(taking child for purpose of prostitution) or 13-3212 (child sex trafficking). However, it is not a
defense to civil liability under this statute that the defendant was acquitted, or has not been
prosecuted for or convicted of, a criminal offense or has been convicted of a different offense, or
of a different type or class of offense, for the conduct that is alleged to give rise to civil liability.
Person carries the same definition as that in A.R.S. § 13-105.
A plaintiff who prevails in a civil lawsuit under this statute is required to be awarded actual
damages, including damages for mental anguish even if an injury other than mental anguish is
not show, court costs and reasonable attorney fees. Additionally, the plaintiff may recover
exemplary damages. A person who is found responsible for the conduct in this statute for any
amount of damages arising from the trafficking is jointly liable with another person found to be
liable for the entire amount of damages arising from the trafficking.
The rights and remedies provided by this statute supplement another other rights and remedies
provided by law, including common law rights (A.R.S. § 12-722).
Provisions
1. Includes a person who facilitates the trafficking of a person or who knowingly and intentionally
benefits from facilitating a venture that traffics another person to civil liability for damages to
the person trafficked pursuant to A.R.S. § 12-722, including joint liability with any other person
liable for the damages. (Sec. 2)
2. Prohibits the ACC from incorporating a corporation if an officer, director or trustee of the
corporation has been convicted of any of the following offenses:
a) Smuggling;
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2759
Initials JL Page 2 Vetoed
b) Participating in or assisting a human smuggling organization;
c) Unlawfully obtaining labor or services;
d) Sex trafficking;
e) Trafficking of persons for forced labor or services;
f) Child sex trafficking; or
g) Any federal immigration offenses. (Sec. 1)