Assigned to JUD AS PASSED BY COW
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
FACT SHEET FOR H.B. 2623
vacate conviction; sex trafficking; victims
Purpose
Removes the requirement that a prostitution offense committed as a result of being a victim
of sex trafficking must have been committed before July 24, 2014, in order for the offender to be
able to apply to have the conviction vacated. Allows victims of child sex trafficking who are
convicted of prostitution offenses to apply for their conviction to be vacated.
Background
A person who is convicted of a prostitution offense, or a similar city or town ordinance, is
allowed to apply to the sentencing court to have the person's conviction vacated. The court must
grant the application and vacate the conviction if the court finds by clear and convincing evidence
that the person's participation in the prostitution offense was a direct result of being a victim of sex
trafficking. The conviction, however, may only be vacated if the offense was committed before
July 24, 2014.
On vacating the prostitution conviction, the court must: 1) release the applicant from all
penalties and disabilities resulting from the conviction; 2) enter an order 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; and 3) transmit the order vacating the conviction
to the arresting agency, the prosecutor and the Department of Public Safety. A vacated conviction
does not qualify as a historical prior felony and does not preclude a person from being approved
for a fingerprint clearance card (A.R.S. § 13-909).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Removes the requirement that a prostitution offense that was committed as a result of being a
victim of sex trafficking must have been committed before July 24, 2014, in order for the
offender to be able to apply to have the conviction vacated.
2. Allows a person who is convicted of a prostitution offense to have their conviction vacated if
clear and convincing evidence shows that the prostitution offense was the direct result of being
a victim of child sex trafficking.
3. Becomes effective on the general effective date.
FACT SHEET – Amended
H.B. 2623
Page 2
Amendments Adopted by Committee of the Whole
• Adds that a person who is convicted of a prostitution offense may apply for the conviction to
be vacated if clear and convincing evidence shows that the prostitution offense was the direct
result of being a victim of child sex trafficking.
House Action Senate Action
JUD 2/7/24 DP 7-0-0-2 JUD 3/14/24 DP 7-0-0
3
rd
Read 2/20/24 57-0-2-0-1
Prepared by Senate Research
April 3, 2024
ZD/cs