fyi, if you live in this state it's time to write your state legislature. This is also posted in the phoenix board
Aut.
New Prostitution Bill in the Arizona Legislature
CAPS are the new language - lowercase is the current language. Notice increased jail, felony designation, and the rule that it can't be plead down.
HB 2327
Introduced by Representatives Gray C, Chase, Pearce, Senator Jarrett: Representatives
Murphy, Pierce, Senator Martin
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AN ACT
AMENDING SECTION 13-3214, ARIZONA REVISED STATUTES; RELATING TO PROSTITUTION.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-3214, Arizona Revised Statutes, is amended to read:
13-3214. Prostitution; classification
A. IT IS UNLAWFUL FOR a person who TO knowingly engages ENGAGE in prostitution.
B. A PERSON WHO VIOLATES THIS SECTION is guilty of a class 1 misdemeanor, EXCEPT THAT:
1. A PERSON WHO IS CONVICTED OF A FIRST VIOLATION OF THIS SECTION SHALL BE SENTENCED TO SERVE NOT LESS THAN THIRTY CONSECUTIVE DAYS IN JAIL AND IS NOT ELIGIBLE FOR PROBATION OR SUSPENSION OF EXECUTION OF SENTENCE UNLESS THE ENTIRE SENTENCE IS SERVED.
2. A PERSON WHO IS CONVICTED OF A SECOND VIOLATION OF THIS SECTION SHALL BE SENTENCED TO SERVE NOT LESS THAN ONE HUNDRED EIGHTY CONSECUTIVE DAYS IN JAIL, IS NOT ELIGIBLE FOR PROBATION OR SUSPENSION OF EXECUTION OF SENTENCE UNLESS THE ENTIRE SENTENCE IS SERVED AND SHALL COMPLETE AN APPROPRIATE COURT ORDERED EDUCATION OR TREATMENT PROGRAM.
3. A PERSON WHO IS CONVICTED OF A THIRD OR SUBSEQUENT VIOLATION OF THIS SECTION IS GUILTY OF A CLASS 6 FELONY. NOTWITHSTANDING SECTION 13-702, THE COURT MAY NOT ENTER A JUDGMENT OF CONVICTION FOR A CLASS 1 MISDEMEANOR AND THE COUNTY ATTORNEY MAY NOT FILE AN INFORMATION OR COMPLAINT DESIGNATING THE OFFENSE AS A MISDEMEANOR.
B. C. Nothing in subsection A shall THIS SECTION DOES NOT prohibit cities or towns from enacting and enforcing ordinances to suppress and prohibit prostitution which provide for a punishment which is at least as stringent as subsection A PROVIDED IN THIS SECTION.
The bill progress through committees etc can be tracked at http://www.azleg.state.az.us/DocumentsForBill.asp?Bill_Number=HB2327
I think the part of paragraph 3 which says prosecutors can't charge a third offense as a misdemeanor or bargain it down to a misdemeanor is unconstitutional and can be successfully challenged. That paragraph tells prosecutors how to do their jobs, but prosecutors are part of the executive branch. For the legislative branch to dictate to the executive branch violates the principle of separation of powers. By extension, if prosecutors are able to reduce such a charge to a misdemeanor, then the language saying a court can't enter a misdemeanor judgment is a directive from the legislature to the judiciary and is unconstitutional for the same reason.