HB 2889 — sexual offenses; children; sentencing
Last action — Signed by Governor
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 15, 2021. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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14 sponsors
1 primary, 13 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (8 R).
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Mixed recorded votes
3 passed, 2 failed in recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
184 added · 203 removedPlain-language change summary
The recent changes to HB 2889 clarify the sentencing guidelines for individuals convicted of sexual offenses against children. The amendments restructured the language for clarity and added specific offenses such as "taking a child for the purpose of prostitution" and "commercial sexual exploitation of a minor" to ensure they carry appropriate penalties. This matters because it emphasizes the seriousness of these crimes and sets stricter sentencing requirements, aiming to better protect vulnerable children from exploitation and abuse.
HB2889Chapter 0202 - 551R - HS Ver of HB2889 HouseSenate Engrossed House Bill sexual offenses;
sentencing (now: State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session HOUSE BILL 2889 AN ACT amending sections 13-705, 13-1307, 13-3212, 13-3409, 13-3552, 13-3553, 13-3560, 31-412, 41-1604.11 and 41-1604.13, Arizona Revised Statutes;
sentencing;
sexual offenses;
children) State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session CHAPTER HOUSE BILL 2889 AN ACT amending sections 13-705, 13-1307, 13-3212, 13-3409, 13-3552, 13-3560, 31-412, 41-1604.11 and 41-1604.13, Arizona Revised Statutes;
(TEXT OF BILL BEGINS ON NEXT PAGE) Be it enacted by the Legislature of the State of Arizona:
A person who is at least eighteen years of age and who is convicted of a dangerous crime against children in the first degree involving commercial sexual exploitation of a minor or child sex trafficking or involving molestation of a child and the person has previously been convicted of a dangerous crime against children in the first degree involving molestation of a child shall be sentenced to imprisonment in the custody of the state department of corrections for natural life. A person who is sentenced to natural life is not eligible for commutation, parole, work furlough, work release or release from confinement on any basis for the remainder of the person's natural life.
B.A.
Ab. person who is at least eighteen years of age and who is convicted of a dangerous crime against children in the first degree involving molestation of a child shall be sentenced to a term of imprisonment as follows:
Minimum Presumptive Maximum years 30 years 40 years A.
C.
D.c.
E.d.
Except as otherwise provided in this section, a person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a dangerous crime against children in the first degree involving attempted first degree murder of a minor who is twelve, thirteen or fourteen years of age, second degree murder of a minor who is twelve, thirteen or fourteen years of age, sexual assault of a minor who is twelve, thirteen or fourteen years of age, taking a child for the purpose of prostitution, child sex trafficking, COMMERCIAL SEXUAL EXPLOITATION OF A MINOR, sexual conduct with a minor who is twelve, thirteen or fourteen years of age, continuous sexual abuse of a child or manufacturing methamphetamine under circumstances that cause physical injury to a minor who is twelve, thirteen or fourteen years of age or involving or using minors in drug offenses shall be sentenced to a term of imprisonment as follows:
F.e.
G.f.
H.G.
I.
The presumptive sentences prescribed in subsections B, C and D, E and F of this section or subsections E and F G and H of this section if the person has previously been convicted of a predicate felony may be increased or decreased pursuant to section 13-701, subsections C, D and E.
J.The presumptive sentences prescribed in subsections B, C, and D and E of this section or subsections E and F and G of this section if the person has previously been convicted of a predicate felony may be increased or decreased pursuant to section 13-701, subsections C, D and E.
ExceptH. as provided in subsection F H of this section, a person who is sentenced for a dangerous crime against children in the first degree pursuant to this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted.
K.Except as provided in subsection F G of this section, a person who is sentenced for a dangerous crime against children in the first degree pursuant to this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted.
AI. person who is convicted of any dangerous crime against children in the first degree pursuant to subsection C or D E or F of this section and who has been previously convicted of two or more predicate felonies shall be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the person has served not fewer than thirty-five years or the sentence is commuted.
A person who is convicted of any dangerous crime against children in the first degree pursuant to subsection C, or D or E of this section and who has been previously convicted of two or more predicate felonies shall be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the person has served not fewer than thirty-five years or the sentence is commuted.
J.
K.
Notwithstanding chapter 10 of this title, a person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a dangerous crime against children in the second degree pursuant to subsection B, C, or D or E of this section is guilty of a class 3 felony and if the person is sentenced to a term of imprisonment, the term of imprisonment is as follows and the person is not eligible for release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted:
Minimum Presumptive Maximum years 10 years 15 years K.
Notwithstanding chapter 10 of this title, a person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a dangerous crime against children in the second degree pursuant to:
1.
Subsection B, C or D, E or F of this section is guilty of a class 3 felony and if the person is sentenced to a term of imprisonment, the term of imprisonment is as follows and the person is not eligible for release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted:
Minimum Presumptive Maximum years 10 years 15 years 2.
Subsection A of this section involving commercial sexual exploitation of a minor or child sex trafficking is guilty of a class 3 felony, shall be sentenced to a term of imprisonment as follows and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis, except as specifically authorized by section 31-233, subsection A or B, until the sentence imposed by the court has been served or commuted:
Minimum Presumptive Maximum years 15 years 20 years K.
M.
N.M.
O.N.
The sentence imposed on a person by the court for a dangerous crime against children under subsection D FG of this section involving child molestation or sexual abuse pursuant to subsection F of this section may be served concurrently with other sentences if the offense involved only one victim.
P.O.
Q.P.
Show all 88 changed lines (48 more)
R.Q.
S.R.
Notwithstanding any other law, a sentence imposed on a person for any of the following a violation of this section shall be consecutive to any other sentence imposed on the person at any time:time: 1.
1.
A violation of subsection A, paragraph 9 or 10 of this section.
Exceptexcept as provided in subsection H of this section, if the minor is fifteen, sixteen or seventeen years of age, child sex trafficking pursuant to subsection A, paragraph 1, 2, 3, 4, 5, 6, 7 or 8 of this section is a class 2 felony, the person convicted shall be sentenced pursuant to this section and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted. The presumptive term may be aggravated or mitigated within the range under this section pursuant to section 13-701, subsections C, D and E. The terms are as follows:
Minimum Presumptive Maximum 2013 years 13.5 3020 years 24 4027 years 2.
If the person has previously been convicted of child sex trafficking involving a minor who is fifteen, sixteen or seventeen years of age, child sex trafficking pursuant to subsection A, paragraph 9 or 10 of this section is a class 2 felony, the person convicted shall be sentenced pursuant to this section and the person shall be sentenced to imprisonment in the custody of the state department of corrections for natural life. A person who is sentenced to natural life is not eligible for commutation, parole, work furlough, work release or release from confinement on any basis for the remainder of the person's natural life.
ChildExcept as provided in subsection K of this section, child sex trafficking pursuant to subsection B, paragraph 3 of this section is a class 66 5 felony. If the court sentences the person to a term of probation, the court shall order that as an initial term of probation the person be imprisoned in the county jail for not less than one hundred eighty consecutive days.
I.If the person has previously been convicted of Child sex trafficking or attempted child sex trafficking pursuant to this section, child sex trafficking pursuant to subsection B, paragraph 3 of this section is a class 2 felony and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed has been served or commuted.
K.
L.
J.M.
END_STATUTE Sec. 4.
A person who violates this section is guilty of a class 2 felony and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the sentence imposed by the court has been served or commuted, and if the minor is under fifteen years of age it is punishable pursuant to section 13-705, subsection C E. D.
A judge shall not suspend any part or all of the imposition of any fine required by this subsection.END_STATUTE END_STATUTE Sec. 5.
Commercial sexual exploitation of a minor who is fifteen, sixteen or seventeen years of age is a class 2 felony, the person convicted shall be sentenced pursuant to this section and the person shallis benot sentencedeligible tofor imprisonmentsuspension inof thesentence, custodyprobation, ofpardon theor staterelease departmentfrom ofconfinement correctionson forany naturalbasis life. except Aas personspecifically whoauthorized isby sentencedsection to31-233, naturalsubsection lifeA isor notB eligibleuntil forthe commutation,sentence parole,imposed workby furlough,the workcourt releasehas been served or releasecommuted. fromThe confinementpresumptive onterm anymay basisbe foraggravated theor remaindermitigated ofwithin the person'srange naturalunder life.this section pursuant to section 13-701, subsections C, D and E. The terms are as follows:
END_STATUTE Sec. 6.
Section 13-3553, Arizona Revised Statutes, is amended to read:
START_STATUTE13-3553.
Sexual exploitation of a minor;
evidence;
classification A.
A person commits sexual exploitation of a minor by knowingly:
Recording,The filming,term photographing,for developing or duplicating any visual depiction in which a minorfirst offense is engagedas infollows: exploitive exhibition or other sexual conduct.
Minimum Presumptive Maximum years 20 years 27 years 2.
Distributing,The transporting,term exhibiting,for receiving,a selling,defendant purchasing,who electronicallyhas transmitting,one possessinghistorical orprior exchangingfelony anyconviction visual depiction in which a minor is engagedas infollows: exploitive exhibition or other sexual conduct.
Minimum Presumptive Maximum years 35 years 45 years 3.
PossessingThe anyterm visualfor depictiona indefendant whichwho ahas minortwo isor engagedmore inhistorical exploitiveprior exhibitionfelony orconvictions otheris sexualas conduct.follows:
B.Minimum Presumptive Maximum years 40 years years END_STATUTE Sec. 6.
If any visual depiction of sexual exploitation of a minor is admitted into evidence, the court shall seal that evidence at the conclusion of any grand jury proceeding, hearing or trial.
C.
Sexual exploitation of a minor pursuant to subsection A, paragraph 3 of this section is a class 2 felony and if the minor is under fifteen years of age it is punishable pursuant to section 13-705. Sexual exploitation of a minor pursuant to subsection A, paragraph 1 or 2 of this section is a class 2 felony, the person convicted shall be sentenced pursuant to this section and the following apply:
1.
except as provided in paragraph 2 of this subsection, the person shall be sentenced to imprisonment in the custody of the state department of corrections for natural life. A person who is sentenced to natural life is not eligible for commutation, parole, work furlough, work release or release from confinement on any basis for the remainder of the person's natural life.
2.
If the person is eighteen or nineteen years of age and the victim is fifteen, sixteen or seventeen years of age, the person shall not be SENTENCED to imprisonment in the custody of the state department of corrections for natural life unless the violation involves the sale of a visual depiction.
END_STATUTE Sec. 7.
Aggravated luring a minor for sexual exploitation is a class 2 felony, and if the minor is under fifteen years of age it is punishable pursuant to section 13-705, subsection DD F.E.
END_STATUTE Sec. 8.Sec. 7.
A conviction under a prior criminal code for any offense that possesses reasonably equivalent offense elements as the offense elements that are listed under section 13-705, subsection Q S,R, paragraph 1 or section 13-706, subsection F, paragraph 1.
END_STATUTE Sec. 9.Sec. 8.
Before holding a hearing on the work furlough under consideration, the board, on request, shall notify and afford an opportunity to be heard to the presiding judge of the superior court in the county in which the inmate requesting a work furlough was sentenced, the prosecuting attorney, the director of the arresting law enforcement agency and the victim of the offense for which the inmate is incarcerated. The notice shall state the name of the inmate requesting the work furlough, the offense for which the inmate was sentenced, the length of the sentence and the date of admission to the custody of the state department of corrections. The notice to the victim shall also inform the victim of the victim's right to be present and submit a written report to the board expressing the victim's opinion concerning the inmate's release.release. No hearing concerning work furlough shall be held until fifteen days after the date of giving the notice. On mailing the notice, the board shall file a hard copy of the notice as evidence that notification was sent.
No hearing concerning work furlough shall be held until fifteen days after the date of giving the notice. On mailing the notice, the board shall file a hard copy of the notice as evidence that notification was sent.
A conviction under a prior criminal code for any offense that possesses reasonably equivalent offense elements as the offense elements that are listed under section 13-705, subsection QQ S,R, paragraph 1 or section 13-706, subsection F, paragraph 1.END_STATUTE Sec. 10.Sec. 9.
(c) A conviction under a prior criminal code for any offense that possesses reasonably equivalent offense elements as the offense elements that are listed under section 13-705, subsection Q S,R, paragraph 1 or section 13-706, subsection F, paragraph 1.
END_STATUTE APPROVED BY THE GOVERNOR APRIL 9, 2021.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 9, 2021.
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View plain text versions (6)
- Chaptered Chaptered Version Current html
- Engrossed House Engrossed Version html
- Engrossed Senate Engrossed Version html
- SENATE - Judiciary - Strike Everything View text html
- Amended HOUSE - Floor Amend to Bill - Biasiucci - passed pdf
- Introduced Introduced Version html
Action History
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Signed by Governor
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Transmit to Governor
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PASSED
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PASSED
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Transmit to House
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PASSED
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DPA
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DPA/SE
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Senate Second Reading
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Senate First Reading
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Transmit to Senate
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PASSED
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DPA
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House Placed on Consent Calendar
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DP
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House Second Reading
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House First Reading.
Sponsors
- Leo Biasiucci · Primary
- Frank Carroll · Cosponsor
- Mark Finchem · Cosponsor
- Joseph Chaplik · Cosponsor
- Jake Hoffman · Cosponsor
- Quang H Nguyen · Cosponsor
- Justin Wilmeth · Cosponsor
- Walt Blackman · Cosponsor
- David Gowan · Cosponsor
- Sonny Borrelli · Cosponsor
- Steve Kaiser · Cosponsor
- Joel John · Cosponsor
- Regina E. Cobb · Cosponsor
- Shawnna Bolick · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 13 co-sponsors · 79 not signed on · 1 voted No
Sponsors (1)
- Leo Biasiucci Republican
Co-sponsors (13)
- Frank Carroll Republican
- Mark Finchem Republican
- Joseph Chaplik Republican
- Jake Hoffman Republican
- Quang H Nguyen Republican
- Justin Wilmeth Republican
- Walt Blackman Republican
- David Gowan
- Sonny Borrelli
- Steve Kaiser
- Joel John
- Regina E. Cobb
- Shawnna Bolick
Not signed on (79)
79 members have not signed on to this bill.
Show all 79 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 1 | 0 | 1 |
| Republican | 14 | 0 | 0 | 0 |
| Democrat | 3 | 0 | 0 | 1 |
| Total | 57 | 1 | 0 | 2 |
| % of votes cast | 95% | 2% | 0% | 3% |
How each member voted (60)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 3 | 0 | 0 | 0 |
| Unaffiliated | 20 | 0 | 0 | 0 |
| Republican | 7 | 0 | 0 | 0 |
| Total | 30 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (30)
| Member | Party | Vote |
|---|---|---|
| Christine Marsh | — | Yea |
| Jamescita Peshlakai | — | Yea |
| Juan Mendez | — | Yea |
| Karen Fann | — | Yea |
| Kelly Townsend | — | Yea |
| Kirsten Engel | — | Yea |
| Lisa Otondo | — | Yea |
| Martin Quezada | — | Yea |
| Michelle B. Ugenti-Rita | — | Yea |
| Nancy Barto | — | Yea |
| Paul Boyer | — | Yea |
| Rebecca Rios | — | Yea |
| Rick Gray | — | Yea |
| Rosanna Gabaldon | — | Yea |
| Sean Bowie | — | Yea |
| Sine Kerr | — | Yea |
| Sonny Borrelli | — | Yea |
| Tony Navarrete | — | Yea |
| Tyler Pace | — | Yea |
| Victoria Steele | — | Yea |
| Lela Alston | Democrat | Yea |
| Lupe Contreras | Democrat | Yea |
| Sally Ann Gonzales | Democrat | Yea |
| David Gowan | Republican | Yea |
| David Livingston | Republican | Yea |
| J.D. Mesnard | Republican | Yea |
| Thomas "T.J." Shope | Republican | Yea |
| Venden "Vince" Leach | Republican | Yea |
| Warren Petersen | Republican | Yea |
| Wendy Rogers | Republican | Yea |
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 36 | 1 | 0 | 5 |
| Republican | 12 | 0 | 0 | 2 |
| Democrat | 3 | 0 | 0 | 1 |
| Total | 51 | 1 | 0 | 8 |
| % of votes cast | 85% | 2% | 0% | 13% |
How each member voted (60)
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- Who sponsors HB 2889?
- HB 2889 is sponsored by Leo Biasiucci (Republican), Frank Carroll (Republican), Mark Finchem (Republican), Joseph Chaplik (Republican), Jake Hoffman (Republican), Quang H Nguyen (Republican), Justin Wilmeth (Republican), Walt Blackman (Republican), David Gowan, Sonny Borrelli, Steve Kaiser, Joel John, Regina E. Cobb, and Shawnna Bolick.
- What is the current status of HB 2889?
- This bill has been enacted into law. Introduced February 15, 2021. Enacted.
- Where can I track HB 2889?
- Track HB 2889 free on One Click Politics — get push/email alerts when it moves.
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