REFERENCE TITLE: obscenity; sex trafficking; prevention H. B. Introduced by AN ACT

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1 Rough Draft October, 01 0: AM Folder, Drafter MARCIA UNELL REFERENCE TITLE: obscenity; sex trafficking; prevention State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 01 H. B. Introduced by AN ACT AMENDING SECTION 1-0, ARIZONA REVISED STATUTES, AS AMENDED BY LAWS 01, CHAPTER 1, SECTION 1 AND CHAPTER, SECTION 1; REPEALING SECTION 1-0, ARIZONA REVISED STATUTES, AS AMENDED BY LAWS 01, CHAPTER 0, SECTION 1; AMENDING TITLE, ARIZONA REVISED STATUTES, BY ADDING CHAPTER ; RELATING TO SEX TRAFFICKING. (TEXT OF BILL BEGINS ON NEXT PAGE) - i -

2 Be it enacted by the Legislature of the State of Arizona: Section 1. Section 1-0, Arizona Revised Statutes, as amended by Laws 01, chapter 1, section 1 and chapter, section 1, is amended to read: 1-0. Victim compensation and assistance fund; subrogation; prohibited debt collection activity; definition A. The victim compensation and assistance fund is established. The Arizona criminal justice commission shall administer the fund. The victim compensation and assistance fund shall consist of monies collected pursuant to section and distributed pursuant to section 1-01, subsection D, paragraph 1 1, monies collected pursuant to section 1-, subsection E and sections 1-, 1-1, 1-.0, and 1-1 AND -0, unclaimed victim restitution monies pursuant to sections - and -1 and monies available from any other source. B. Subject to legislative appropriation, the Arizona criminal justice commission shall allocate monies in the victim compensation and assistance fund to public and private agencies for the purpose of establishing, maintaining and supporting programs that compensate and assist victims of crime, INCLUDING PROGRAMS THAT DO ALL OF THE FOLLOWING: 1. DEVELOP, EXPAND OR STRENGTHEN PROGRAMS FOR VICTIMS OF SEX TRAFFICKING AND CHILD EXPLOITATION.. PREVENT SEX TRAFFICKING, INCLUDING INCREASING PUBLIC AWARENESS.. PROTECT VICTIMS OF SEX TRAFFICKING, INCLUDING THE TRAINING OF FIRST RESPONDERS. C. The allocation of monies pursuant to this section shall be made in accordance with rules adopted by the Arizona criminal justice commission pursuant to section 1-0, subsection A, paragraph. The rules shall provide that persons who suffered personal injury or death that resulted from an attempt to aid a public safety officer in the prevention of a crime or the apprehension of a criminal may be eligible for compensation. D. This state and the applicable operational unit or qualified program, as defined in the victim compensation program rules, are subrogated to the rights of an individual who receives monies from the victim compensation and assistance fund to recover or receive monies or benefits from a third party, to the extent of the amount of monies the individual receives from the fund. E. A licensed health care provider who agrees to the victim compensation program rules may receive program monies for providing health and medical services to a victim or claimant. A licensed health care provider who accepts the full allowable payment for those services from a victim compensation program funded pursuant to this section is deemed to have accepted the payment as the full payment for those services. The licensed health care provider may not collect or attempt to collect any - 1 -

3 payment for the same health and medical services from the victim or claimant, except that if a victim compensation program funded pursuant to this section is unable to pay the full allowable payment to a licensed health care provider because of a lack of available monies or for any other reason, the licensed health care provider may collect the unpaid balance for the services from the victim or claimant or from a third-party payor, and the total amount billed or requested by the licensed health care provider may not exceed the full allowable payment that the licensed health care provider agreed to accept from the victim compensation program for the services. F. If a licensed health care provider receives notice that a person has filed a claim with a victim compensation program funded by this section, the licensed health care provider is prohibited from any debt collection activity for any monies owed by the person that are included in the filed claim until an award is made on the claim or until a determination is made that the claim is noncompensable. For the purposes of this subsection, "debt collection activity" includes repeatedly telephoning or writing to the claimant and threatening to either turn the matter over to a debt collection agency or to an attorney for collection, enforcement or filing of any other debt collection process. Debt collection activity does not include routine billing or inquiries about the status of the claim. G. For the purposes of this section, "licensed health care provider" means a person or institution that is licensed or certified by this state to provide health care services, medical services, nursing services, emergency medical services and ambulance services that are regulated pursuant to title, chapter 1.1, article or other health-related services. Sec.. Repeal Section 1-0, Arizona Revised Statutes, as amended by Laws 01, chapter 0, section 1, is repealed. Sec.. Title, Arizona Revised Statutes, is amended by adding chapter, to read: CHAPTER SEX TRAFFICKING PREVENTION ACT ARTICLE 1. GENERAL PROVISIONS -01. Definitions IN THIS CHAPTER, UNLESS THE CONTEXT OTHERWISE REQUIRES: 1. "FILTER" MEANS A DEVICE THAT HAS ACTIVE DIGITAL CONTENT-BLOCKING CAPABILITY.. "PERSON" MEANS AN INDIVIDUAL OR ENTITY, INCLUDING A MANUFACTURER OR WHOLESALER, THAT DISTRIBUTES OR SELLS ANY PRODUCT THAT MAKES ACCESSIBLE ANY CONTENT ON THE INTERNET WITHIN THIS STATE.. "PRODUCT" MEANS ANY PRODUCT THAT MAKES CONTENT ON THE INTERNET ACCESSIBLE. - -

4 Filters; blocking obscenity; maintenance and updates; reporting website or call center; civil and criminal liability; attorney fees A. A PERSON MAY NOT DISTRIBUTE OR SELL ANY PRODUCT UNLESS THE PRODUCT CONTAINS AN ACTIVE AND OPERATIONAL FILTER THAT RENDERS OBSCENITY INACCESSIBLE. THE PERSON MUST MAKE A REASONABLE AND CONTINUOUS EFFORT TO ENSURE THAT THE FILTER IS FUNCTIONING PROPERLY, INCLUDING SENDING OUT FILTER UPDATES REGULARLY WITH ROUTINE SOFTWARE BUNDLES TO ENSURE THE QUALITY AND PERFORMANCE OF THE FILTERS IN BLOCKING OBSCENITY. B. A PERSON SHALL ENSURE THAT BOTH OF THE FOLLOWING ARE BLOCKED BY THE FILTER: 1. CHILD PORNOGRAPHY.. CONTENT THAT IS UNLAWFUL PURSUANT TO SECTION 1-1, SUBSECTION A. C. A PERSON SHALL ESTABLISH A REPORTING WEBSITE OR CALL CENTER WHERE CONSUMERS MAY REPORT OBSCENE CONTENT THAT IS NOT BLOCKED BY THE FILTER. D. IF A CONSUMER REPORTS OBSCENE CONTENT PURSUANT TO SUBSECTION C OF THIS SECTION, THE PERSON SHALL DETERMINE IF THE REPORTED CONTENT IS OBSCENE. IF THE PERSON DETERMINES THAT THE CONTENT IS OBSCENE, WITHIN A REASONABLE AMOUNT OF TIME AFTER THE DETERMINATION THE PERSON SHALL SEND OUT A FILTER UPDATE THAT BLOCKS THE REPORTED CONTENT TO ENSURE THAT NO VIOLATION OF SECTION 1-0 OCCURS. E. IF A PERSON DOES NOT RESPOND TO A CONSUMER'S REPORT UNDER SUBSECTION C OF THIS SECTION THAT OBSCENE CONTENT IS NOT BEING BLOCKED BY THE FILTER, THE INJURED CONSUMER OR THE ATTORNEY GENERAL MAY BRING A CIVIL ACTION AGAINST THE PERSON IN A COURT OF COMPETENT JURISDICTION. IF THE CONSUMER PREVAILS IN THE ACTION, THE COURT SHALL AWARD DAMAGES IN THE AMOUNT OF FIVE HUNDRED DOLLARS FOR EVERY PIECE OF CONTENT THAT WAS REPORTED AND THAT WAS NOT SUBSEQUENTLY FILTERED BY THE PERSON AND SHALL ORDER THE PERSON TO REIMBURSE THE CONSUMER FOR THE PURCHASE PRICE OF THE PRODUCT. THE COURT MAY AWARD ATTORNEY FEES TO THE PREVAILING PARTY IN ANY ACTION BROUGHT UNDER THIS SUBSECTION. F. IF A FILTER ACCIDENTLY BLOCKS CONTENT THAT IS NOT OBSCENE AND THE BLOCK IS REPORTED TO THE REPORTING WEBSITE OR CALL CENTER, THE PERSON MUST UNBLOCK THE MATERIAL WITHIN A REASONABLE TIME. A CONSUMER MAY SEEK DECLARATORY RELIEF TO UNBLOCK FILTERED CONTENT THAT IS NOT OBSCENE. THE COURT MAY AWARD ATTORNEY FEES TO THE PREVAILING PARTY IN ANY ACTION BROUGHT UNDER THIS SUBSECTION. G. A PERSON MAY NOT FILTER WEBSITES THAT ARE PRIMARILY SOCIAL MEDIA AND INTERACTIVE IN NATURE IF THESE WEBSITES HAVE A REPORTING CENTER AND REMAIN REASONABLY PROACTIVE IN REMOVING OBSCENE CONTENT WHEN REPORTED. H. A PERSON THAT FAILS TO COMPLY WITH THIS SECTION IS SUBJECT TO CRIMINAL PROSECUTION FOR A VIOLATION OF SECTION

5 Filter deactivation; fee; report A. A PERSON MAY NOT DEACTIVATE A FILTER BY SHARING THE METHODS, SOURCE CODES OR OTHER OPERATING INSTRUCTIONS OF THE FILTER, EXCEPT THAT THE PERSON MUST DEACTIVATE THE FILTER IF A CONSUMER DOES ALL OF THE FOLLOWING: 1. REQUESTS IN WRITING THAT THE FILTER BE DEACTIVATED.. MEETS WITH THE PERSON AND VERIFIES THAT THE CONSUMER IS AT LEAST EIGHTEEN YEARS OF AGE.. ACKNOWLEDGES RECEIVING A WRITTEN WARNING REGARDING THE POTENTIAL DANGER OF FILTER DEACTIVATION.. PAYS A FEE PRESCRIBED BY SUBSECTION B OF THIS SECTION. B. IF A PERSON DEACTIVATES A FILTER AT THE CONSUMER'S REQUEST, THE PERSON SHALL COLLECT A FEE FROM THE CONSUMER IN AN AMOUNT TO BE DETERMINED BY THE CHIEF EXECUTIVE OFFICER OF THE ARIZONA COMMERCE AUTHORITY AND REMIT THE FEE TO THE ARIZONA COMMERCE AUTHORITY. C. THE PERSON SHALL FILE A REPORT WITH THE ARIZONA COMMERCE AUTHORITY IN A MANNER PRESCRIBED BY THE CHIEF EXECUTIVE OFFICER OF THE ARIZONA COMMERCE AUTHORITY. D. THE CHIEF EXECUTIVE OFFICER OF THE ARIZONA COMMERCE AUTHORITY SHALL DEPOSIT, PURSUANT TO SECTIONS -1 AND -1, THE MONIES COLLECTED PURSUANT TO THIS SECTION AS FOLLOWS: 1. FIFTY PERCENT IN THE STATE GENERAL FUND.. FIFTY PERCENT IN THE VICTIM COMPENSATION AND ASSISTANCE FUND ESTABLISHED BY SECTION Duty to hide prostitution and sex trafficking websites; injunctive relief A. A PERSON SHALL ENSURE THAT PROSTITUTION WEBSITES ARE INACCESSIBLE IN ORDER NOT TO PROMOTE PROSTITUTION AND EXPOSE CONSUMERS TO CRIMINAL PROSECUTION UNDER SECTIONS 1-1 AND 1-1. B. A PERSON SHALL MAKE INACCESSIBLE WEBSITES THAT ARE KNOWN TO FACILITATE SEX TRAFFICKING AS PRESCRIBED IN SECTION 1-. C. A COUNTY ATTORNEY OR THE ATTORNEY GENERAL MAY SEEK INJUNCTIVE RELIEF AGAINST A PERSON TO REQUIRE THE PERSON TO MAKE THE FILTER BLOCK A WEBSITE THAT IS SUBSTANTIALLY BEING USED TO ADVANCE PROSTITUTION PURSUANT TO SECTION 1-1 OR SEX TRAFFICKING PURSUANT TO SECTION Selling filterless products to minors and nonconsenting adults; violation; classification A. A PERSON THAT DISTRIBUTES OR SELLS TO A MINOR A PRODUCT WITHOUT ACTIVATED FILTERS SET TO BLOCK OBSCENITY OR THAT PROVIDES THE MECHANISM TO DEACTIVATE THE FILTER IS GUILTY OF A CLASS FELONY AND MAY BE SUBJECT TO PROSECUTION UNDER SECTIONS 1-0 AND 1-. B. UNLESS A CONSUMER REQUESTS IN WRITING THAT A FILTER BE DEACTIVATED PURSUANT TO SECTION -0, A PERSON THAT PROVIDES A CONSUMER WITH A FILTERLESS DEVICE OR THE MECHANISM TO DEACTIVATE THE FILTER THAT BLOCKS OBSCENITY IS GUILTY OF A CLASS FELONY. - -

6 -0. Immunity from criminal liability A PERSON THAT COMPLIES WITH THIS CHAPTER BY PROVIDING PRESET FILTERS THAT AUTOMATICALLY ATTEMPT TO BLOCK OBSCENITY AND BY WITHHOLDING THE MECHANISM TO DEACTIVATE THE FILTER IS IMMUNE FROM CRIMINAL LIABILITY. -0. Jurisdiction THE ATTORNEY GENERAL HAS CONCURRENT JURISDICTION WITH A COUNTY ATTORNEY FOR ANY VIOLATION OF THIS CHAPTER. Sec.. Short title This act may be cited as the "Sex Trafficking Prevention Act". - -