Arizona Fifty-fifth Legislature - Second Regular Session Status: Enacted 17 R cosponsors

HB 2696 — mandatory sentences; children; trafficking; smuggling

Last action — Signed by Governor

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 08, 2022. Enacted.

Odds of enactment

High chance

Based 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

Likely to advance 66% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 33 sponsors

    1 primary, 32 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (17 R).

  • Mixed recorded votes

    3 passed, 3 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

303 added · 345 removed

Plain-language change summary

The amendment added a new chapter indicating that the bill, HB 2696, was approved by the governor and officially filed with the Secretary of State on April 28, 2022. This change is significant because it formally documents the bill's approval and ensures that the details are properly recorded in the state's official records. This helps maintain transparency and accountability in the legislative process.

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House Engrossed mandatory sentences;
Senate Engrossed House Bill mandatory sentences;
smuggling State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session HOUSE BILL 2696 AN ACT AMENDING SECTIONS 13-705, 13-1308, 13-1428, 13-2319, 13-2323, 13-3205, 13-3207, 13-3554, 13-3560, 13-3625, 31-412, 41-1604.11 AND 41-1604.13, ARIZONA REVISED STATUTES;
smuggling State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session CHAPTER 197 HOUSE BILL 2696 AN ACT AMENDING SECTIONS 13-705, 13-1308, 13-1428, 13-2323, 13-3205, 13-3207, 13-3554, 13-3560, 13-3625, 31-412, 41-1604.11 AND 41-1604.13, ARIZONA REVISED STATUTES;
Except as otherwise provided in this section, if a person is at least eighteen years of age or has been tried as an adult and is convicted of a dangerous crime against children involving luring a minor for sexual exploitation, sexual extortion or unlawful age misrepresentation and 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 sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted:
Except as otherwise provided in this section, if a person is at least eighteen years of age or has been tried as an adult and is convicted of a dangerous crime against children involving luring a minor for sexual exploitation, sexual extortion or unlawful age misrepresentation and 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 sentence imposed by the court has been served OR IS COMMUTED, EXCEPT THAT IF THE PERSON IS CONVICTED OF UNLAWFUL AGE MISREPRESENTATION the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted:
Minimum Presumptive Maximum 5 years 10 years 15 years A person who has been previously convicted of one predicate felony shall be sentenced to a term of imprisonment as follows 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 - 2 - H.B.
Minimum Presumptive Maximum 5 years 10 years 15 years A person who has been previously convicted of one predicate felony shall be sentenced to a term of imprisonment as follows 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 - 2 - H.B.
2696 served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted:
2696 31-233, subsection A or B until the sentence imposed by the court has been served OR IS COMMUTED, EXCEPT THAT IF THE PERSON IS CONVICTED OF UNLAWFUL AGE MISREPRESENTATION the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted:
Except as provided in subsection SUBSECTIONS F, G, L AND M 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 - 3 - H.B.
Except as provided in subsection SUBSECTIONS F, G, L AND M 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 - 3 - H.B.
2696 A or B until the sentence imposed by the court has been served or commuted.
2696 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.
Section 13-2319, Arizona Revised Statutes, is amended to read:
13-2319.
Smuggling;
classification;
definitions A.
It is unlawful for a person to intentionally engage in the smuggling of human beings for profit or commercial purpose.
B.
A violation of this section is a class 4 3 felony.
C.
Notwithstanding subsection B of this section, a violation of this section:
1.
is a class 2 felony if ANY OF THE FOLLOWING APPLY:
1.
The human being who is smuggled is under eighteen years of age and is not accompanied by a family member over eighteen years of age.
or 2.
The offense involved the use of a deadly weapon or dangerous instrument.
2.
3.
Is a class 3 felony if The offense involves INVOLVED the use or threatened use of deadly physical force and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any other basis except pursuant to section 31-233, subsection A or B until the sentence imposed by the court is served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.
D.
A PERSON WHO IS CONVICTED OF A VIOLATION OF 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.
D.
E.
Chapter 10 of this title does not apply to a violation of subsection C, paragraph 1 OR 2 of this section.
- 7 - H.B.
2696 E.
F.
Notwithstanding any other law, in the enforcement of this section a peace officer may lawfully stop any person who is operating a motor vehicle if the officer has reasonable suspicion to believe the person is in violation of any civil traffic law.
F.
G.
For the purposes of this section:
1.
"Family member" means the person's parent, grandparent, sibling or any other person who is related to the person by consanguinity or affinity to the second degree.
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2.
"Procurement of transportation" means any participation in or facilitation of transportation and includes:
(a) Providing services that facilitate transportation including travel arrangement services or money transmission services.
(b) Providing property that facilitates transportation, including a weapon, a vehicle or other means of transportation or false identification, or selling, leasing, renting or otherwise making available a drop house as defined in section 13-2322.
3.
"Smuggling of human beings" means the transportation, procurement of transportation or use of property or real property by a person or an entity that knows or has reason to know that the person or persons transported or to be transported are not United States citizens, permanent resident aliens or persons otherwise lawfully in this state or have attempted to enter, entered or remained in the United States in violation of law.
Sec.
5.
- 8 - H.B.
5.
2696 5.
KNOWINGLY ASSISTING A HUMAN SMUGGLING ORGANIZATION OR OPERATION BY TRANSPORTING A PERSON, OR PROCURING THE TRANSPORTATION FOR A PERSON, WITH THE INTENT TO DO EITHER OF THE FOLLOWING:
KNOWINGLY GUIDING, DIRECTING, COORDINATING, FACILITATING OR ASSISTING IN TRANSPORTING, PROCURING TRANSPORTATION OR USING PROPERTY OR REAL PROPERTY BY A PERSON OR AN ENTITY THAT KNOWS OR HAS REASON TO KNOW THAT THE PERSON OR PERSONS BEING TRANSPORTED OR WHO WILL BE TRANSPORTED ARE NOT CITIZENS OF THE UNITED STATES AND ARE ATTEMPTING TO ILLEGALLY ENTER OR STAY IN THE UNITED STATES.
- 7 - H.B.
2696 (a) CONCEAL THE PERSON FROM A PEACE OFFICER.
(b) ASSIST THE PERSON WITH FLEEING FROM A PEACE OFFICER WHO IS ATTEMPTING TO LAWFULLY ARREST OR DETAIN THE PERSON.
6.
5.
7.
6.
8.
7.
- 9 - H.B.
B.
2696 B.
C.
- 8 - H.B.
2696 C.
9.
8.
- 10 - H.B.
(b) A cellular or wireless telephone as defined in section 13-4801.
2696 (b) A cellular or wireless telephone as defined in section 13-4801.
Sec.
- 9 - H.B.
10.
2696 Sec.
9.
11.
10.
Notwithstanding subsection A of this section, the director of the state department of corrections may certify as eligible for parole any prisoner, regardless of the classification of the prisoner, who has reached the prisoner's parole eligibility date pursuant to section 41-1604.09, subsection D, unless an increased term has been imposed pursuant to section 41-1604.09, subsection F, for the sole purpose of parole to the custody of any other jurisdiction to serve a term of imprisonment imposed by the other jurisdiction or to stand trial on - 11 - H.B.
Notwithstanding subsection A of this section, the director of the state department of corrections may certify as eligible for parole any prisoner, regardless of the classification of the prisoner, who has reached the prisoner's parole eligibility date pursuant to section 41-1604.09, subsection D, unless an increased term has been imposed pursuant to section 41-1604.09, subsection F, for the sole purpose of parole to the custody of any other jurisdiction to serve a term of imprisonment imposed by the other jurisdiction or to stand trial on criminal charges in the other jurisdiction or for the sole purpose of parole to the custody of the state department of corrections to serve any consecutive term imposed on the prisoner.
2696 criminal charges in the other jurisdiction or for the sole purpose of parole to the custody of the state department of corrections to serve any consecutive term imposed on the prisoner.
On review of an application for - 10 - H.B.
On review of an application for parole pursuant to this subsection the board may authorize parole if, in its discretion, parole appears to be in the best interests of the state.
2696 parole pursuant to this subsection the board may authorize parole if, in its discretion, parole appears to be in the best interests of the state.
- 12 - H.B.
- 11 - H.B.
12.
11.
- 13 - H.B.
- 12 - H.B.
The director shall transmit a monthly report containing the name, date of birth, offense for which the inmate was sentenced, length of the sentence and date of admission to the state department of corrections of each inmate on work furlough or home arrest to the chairperson of the house of representatives judiciary committee or its successor committee - 14 - H.B.
The director shall transmit a monthly report containing the name, date of birth, offense for which the inmate was sentenced, length of the sentence and date of admission to the state department of corrections of each inmate on work furlough or home arrest to the chairperson of the house of representatives judiciary committee or its successor committee - 13 - H.B.
A conviction under a prior criminal code for any offense that possesses reasonably equivalent offense elements as the offense elements - 15 - H.B.
A conviction under a prior criminal code for any offense that possesses reasonably equivalent offense elements as the offense elements - 14 - H.B.
13.
12.
- 16 - H.B.
- 15 - H.B.
- 17 - H.B.
- 16 - H.B.
- 18 -
APPROVED BY THE GOVERNOR APRIL 28, 2022.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 28, 2022.
- 17 -
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Action History

  1. Signed by Governor

  2. Transmit to Governor

  3. PASSED

  4. PASSED

  5. Transmit to House

  6. PASSED

  7. DPA

  8. DP

  9. Senate Second Reading

  10. Senate First Reading

  11. Transmit to Senate

  12. PASSED

  13. House Placed on Consent Calendar

  14. DP

  15. House Second Reading

  16. House First Reading.

Sponsors

Sponsorship breakdown

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1 sponsors · 32 co-sponsors · 60 not signed on · 15 voted No

Sponsors (1)

Co-sponsors (32)

Not signed on (60)

60 members have not signed on to this bill.

Show all 60 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed

Passed 17 Yea · 11 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 0500
Unaffiliated 10602
Republican 7000
Total 171102
% of votes cast 57%37%0%7%
How each member voted (30)
Member Party Vote
Christine Marsh — Not Voting
Juan Mendez — Not Voting
Karen Fann — Yea
Kelly Townsend — Yea
Lisa Otondo — Nay
Martin Quezada — Nay
Michelle B. Ugenti-Rita — Yea
Nancy Barto — Yea
Paul Boyer — Yea
Raquel Terán — Nay
Rebecca Rios — Nay
Rick Gray — Yea
Rosanna Gabaldon — Nay
Sean Bowie — Yea
Sine Kerr — Yea
Sonny Borrelli — Yea
Tyler Pace — Yea
Victoria Steele — Nay
Lela Alston Democrat Nay
Lupe Contreras Democrat Nay
Sally Ann Gonzales Democrat Nay
Stephanie Stahl Hamilton Democrat Nay
Theresa Hatathlie Democrat Nay
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

Official roll call →

Passed

Passed 55 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 32401
Republican 17000
Democrat 6000
Total 55401
% of votes cast 92%7%0%2%
How each member voted (60)
Member Party Vote
Amish Shah — Yea
Andrea Dalessandro — Yea
Andres Cano — Yea
Athena Salman — Not Voting
Ben Toma — Yea
Brenda Barton — Yea
Christian Solorio — Yea
César Chávez — Yea
Daniel Hernandez — Yea
David L. Cook — Yea
Diego Espinoza — Yea
Domingo DeGrazia — Nay
Jacqueline Parker — Yea
Jasmine Blackwater-Nygren — Yea
Jennifer Jermaine — Yea
Jennifer Longdon — Yea
Jennifer Pawlik — Yea
Joanne Osborne — Yea
Joel John — Yea
John Fillmore — Yea
Judy Burges — Yea
Judy Schwiebert — Yea
Kelli Butler — Yea
Lorenzo Sierra — Yea
Marcelino Quiñonez — Yea
Melody Hernandez — Nay
Michelle Udall — Yea
Morgan Abraham — Nay
Pamela Powers Hannley — Nay
Regina E. Cobb — Yea
Reginald Bolding — Yea
Richard C. Andrade — Yea
Robert Meza — Yea
Russell Bowers — Yea
Steve Kaiser — Yea
Travis W. Grantham — Yea
Walter Blackman — Yea
Alma Hernandez Democrat Yea
Brian Fernandez Democrat Yea
Christopher Mathis Democrat Yea
Denise “Mitzi” Epstein Democrat Yea
Myron Tsosie Democrat Yea
Sarah Liguori Democrat Yea
Beverly Pingerelli Republican Yea
Frank Carroll Republican Yea
Gail Griffin Republican Yea
Jake Hoffman Republican Yea
Jeff Weninger Republican Yea
John Kavanagh Republican Yea
Joseph Chaplik Republican Yea
Justin Wilmeth Republican Yea
Kevin Payne Republican Yea
Leo Biasiucci Republican Yea
Lupe Diaz Republican Yea
Mark Finchem Republican Yea
Neal Carter Republican Yea
Quang H Nguyen Republican Yea
Shawnna Bolick Republican Yea
Teresa Martinez Republican Yea
Timothy "Tim" Dunn Republican Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 2696?
HB 2696 is sponsored by Justin Wilmeth (Republican), Jeff Weninger (Republican), Beverly Pingerelli (Republican), Kevin Payne (Republican), Teresa Martinez (Republican), John Kavanagh (Republican), Jake Hoffman (Republican), Gail Griffin (Republican), Mark Finchem (Republican), Timothy "Tim" Dunn (Republican), Lupe Diaz (Republican), Neal Carter (Republican), Frank Carroll (Republican), Leo Biasiucci (Republican), Joseph Chaplik (Republican), Quang H Nguyen (Republican), Walt Blackman (Republican), Diego Espinoza, John Fillmore, Travis W. Grantham, Brenda Barton, Shawnna Bolick, Russell Bowers, Judy Burges, Regina E. Cobb, David L. Cook, Joel John, Steve Kaiser, Robert Meza, Joanne Osborne, Jacqueline Parker, Ben Toma, and Sonny Borrelli.
What is the current status of HB 2696?
This bill has been enacted into law. Introduced February 08, 2022. Enacted.
Where can I track HB 2696?
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