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Last year, Republican lawmakers were told that their proposal to require life sentences for anyone convicted of child sex trafficking had a problem: Its provisions could be applied to the victims themselves, who are often forced to participate in trafficking other victims.
They ignored the warnings and sent the legislation to the voters, who overwhelmingly approved Proposition 313.
Now, GOP legislators are trying to tighten up the language so that juvenile victims of sex trafficking aren’t sent to prison for the rest of their lives. But doing so now, instead of last year, means backers must get a super-majority of support in both legislative chambers.
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Advocates have long debated how to combat sex trafficking without harming victims or individuals engaged in lawful sex work, and some victims have stressed that current laws penalize those who have been most victimized. A number of states allow for minors to be arrested and charged with prostitution.
Rep. Selina Bliss, R-Prescott, sponsored the House version of legislation that was sent to the ballot last year and is now seeking to limit the punishments for juvenile victims of sex trafficking who also face charges. Her House Bill 2207 would amend the law to exempt people convicted of child sex trafficking from being sent to prison for life if a court finds evidence that the defendant was both under 18 years of age and had been a sex trafficking victim. It would still allow those victims to be convicted of sex trafficking and sent to prison.
But Arizona’s constitution limits what lawmakers can do to voter-approved laws: In order for the change to take place, it must win the support of three-fourths of legislators in each chamber.
During a hearing on Wednesday, some lawmakers voiced concern about how the law could impact victims and younger people caught up in sex trafficking.
“Is there not some way that we may be capturing the same victim, just to become a victim again if they are going to become 18 tomorrow?” Rep. Khyl Powell, R-Gilbert, asked.
Democratic members also questioned why these changes were not made before the bill was sent to the ballot, as many in their caucus raised similar concerns and proposed amendments to fix it.
“Why didn’t we make the change then when we were being told by many attorneys (and legislative) staff that that was an unintended consequence of the bill?” Rep. Alma Hernandez, D-Tucson, asked the House Judiciary Committee.
Bliss said she was unsure how the issue slipped past her and her colleagues, but said she was “stepping up to do the right thing.”
Rep. Alexander Kolodin, a Scottsdale Republican, commended Bliss for attempting to correct the mistake.
“It takes a lot to be like ‘I got this major piece of legislation passed and I made a mistake in there,’” Kolodin said. “This is politics — the incentives are not on the side of doing that thing.”
The bill passed out of committee unanimously and will head next to the full House of Representatives for consideration.
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