by azfreenews1 | Mar 29, 2021 | News
By Terri Jo Neff
A crime bill intended to establish tougher sentences for commercial forms of sex crimes against children appears on track to hit Gov. Doug Ducey’s office, and the result is expected to be many more offenders being sentenced to mandatory life in prison.
Rep. Leo Biasiucci (R-LD5) introduced HB28898 in January to establish mandatory sentences and sentencing ranges for sex crimes involving children, particularly those involving victims under the age 15. The bill as introduced brought those sentences in line with other violent acts against children under Arizona’s definition of dangerous crimes against children (DCAC).
HB2889 passed the House on March 1 after Biasiucci amended his own bill to ensure someone ages 18 and 19 cannot be imprisoned for sexual exploitation of a minor related to a visual depiction if the victim is 15, 16, or 17, unless the charge involved the sale of the visual depiction.
Sexual exploitation of a minor covers several actions including consensual sexting among minors and other forms of child pornography.
Biasiucci’s bill, which had 13 co-sponsors, was then transmitted to the Senate where it passed March 25 after being amended again, this time turning the emphasis to sentencing mandates for child sex trafficking, commercial sexual exploitation of a minor, and repeat sex offenders.
Under the current form of HB2889, the mandatory prison sentence for an adult convicted of commercial sexual exploitation of a minor will be increased to a range of 13 to 27 years, or 23 years to 37 years for an offender with one predicate felony. Mandatory sentencing for child sex trafficking would increase to a range of 10 to 27 years, or 17 to 45 years for an offender with one predictive felony.
However, for crimes involving victims under age 15, an adult convicted of commercial sexual exploitation of a minor or child sex trafficking must be sentenced to natural life in prison if the person has previously been convicted of the same offense. And that natural life sentence will be ineligible under the bill for commutation, parole, work furlough, work release or release from confinement on any basis.
Because HB2889 was amended in the Senate, the House needs to be vote on and pass the current version before it heads to Ducey.
Commercial sexual exploitation of a minor encompasses a number of activities such transportation through or across state lines to facilitate a minor to engage in prostitution or exploitive exhibition for the purpose of producing a visual depiction or live act depicting such conduct, or getting a minor to expose specified body parts for financial or commercial gain such as through selling photography, digital images, or videos.
Child sex trafficking involves “knowingly causing any minor to engage in prostitution” as well as receiving any benefit on account of procuring or placing a minor in any place or in the charge or custody of any person for the purpose of prostitution. It also includes enticing, recruiting, harboring, providing, transporting, making a minor available to another person with the intent to cause the minor to engage in prostitution or any sexually explicit performance.
by AZ Free News | Mar 28, 2021 | News
The Arizona Department of Emergency In Military Affairs welcomed home more than 120 service members returning after completing their respective assignments in support of Operation Enduring Freedom and Spartan Shield.
The 3666 Support Maintenance Company welcome home ceremony was presided over by Major General Michael T. McGuire, Arizona’s Adjunct General on Friday evening at the Goldwater Air National Base in Phoenix.
Operation Spartan Shield (OSS) is a U.S. Department of Defense operation in the Middle East. Operation Spartan Shield is a combined forces contingency operation. Task Force Spartan is the U.S. Army component of OSS.
by AZ Free News | Mar 27, 2021 | News
On Thursday, the Arizona Attorney General’s Office filed a lawsuit against the federal government in an effort to challenge the Tax Mandate portion of the American Rescue Plan Act.
The Act threatens to penalize states by withholding federal COVID-19 relief funding if they lower taxes in any fashion, according to the Attorney General’s Office (AGO).
Thee state argues that the Tax Mandate of the Act is unconstitutional and threatens its sovereignty.
In the lawsuit filed in the U.S. District Court of Arizona, the AGO argues the Tax Mandate is ambiguous and the Treasury has failed to provide Arizona with the proper assurances that states can continue to craft their own tax policies and budgets without fear of federal encroachment, even if those policies are unrelated to relief funds.
Arizona is asking the court to provide both declaratory and injunctive relief.
The Tax Mandate of the Act forbids states from using the relief funds to “directly or indirectly offset a reduction in… net tax revenues.”
The AGO also argues the Tax Mandate represents an “unprecedented intrusion on the separate sovereignty of the States through federal overreach. The Tax Mandate undermines democratic accountability by empowering current governors in ways that violate separation of powers. Because the Act funds are available until 2024, a single governor could bind both the state legislature and a successor governor from providing any tax relief in the future. This would be a clear intrusion by Congress upon the democratic structures of the States.”
by AZ Free News | Mar 27, 2021 | News
The Arizona State Fair Board voted this week to temporarily relocate the State Fair to a new location for 2021. The Board’s decision will allow the fair to proceed later this year.
The Arizona State Fair is an annual event that draws more than one million guests.
Since last year, the State Fair has been a key location for mass testing and vaccine distribution. This temporary relocation allows the fair grounds to continue to be available for public health needs in an underserved area of our community.
Last fall, the State Fair was canceled due to COVID-19, prompting an offer from the Gila River Indian Community (GRIC) to host the 2021 fair on the Wild Horse Pass Development Authority (WHPDA).
The Governor’s Office in its announcement, said the “area is larger than the size of the State Fairgrounds in Phoenix, allowing for appropriate social distancing and other public health mitigation measures.”
“The Arizona State Fair is a beloved annual tradition for countless Arizona families,” said Governor Ducey in the announcement. “This gracious offer by the Gila River Indian Community and today’s decision by the Arizona State Fair Board ensures that another year won’t pass without a State Fair.”
by Corinne Murdock | Mar 26, 2021 | News
By Corinne Murdock |
Earlier this month, the Arizona Board of Psychologist Examiners failed in their attempt to punish a psychologist seeking her license under the universal licensing law.
Dr. Carol Gandolfo applied to practice after the landmark legislation passed in April 2019. The board denied Gandolfo’s application, as well as four others. They claimed that Gandolfo didn’t qualify under the law because she’d moved to Arizona before the law was enacted. Since she didn’t qualify for the protections of the universal licensing law, the board used old licensing standards to claim that her degree was insufficient because it wasn’t from a regionally-accredited school.
The Goldwater Institute stepped in on Gandolfo’s behalf to fight the board. This caused the board to reverse its decision on how they’d interpreted the law in her case and the four others. However, the board decided it wasn’t done with Gandolfo.
The board opened up an investigation in a furthered attempt to deny her a license. They characterized Gandolfo’s volunteer activities with groups like law enforcement and first responders as unlawful. In doing so, they accused her of practicing without a license.
However, those accusations didn’t stick. After some months of investigating into Gandolfo, the board submitted a nonpunitive letter acknowledging that Gandolfo didn’t engage in any wrongdoing.
Now, nearly two years after initial passage of the law, Gandolfo has been cleared to receive her license to practice.
The Goldwater Institute issued a statement on the board’s decision to close their complaint.
“At a time when more Arizonans are in need of mental health services, the Board should focus on allowing respected professionals to provide those services,” stated the Institute. “The Board’s decision today allows Dr. Gandolfo to get back to providing the care she is trained and experienced to provide, and it assures other Arizonans that they can practice their professions free from arbitrary restraints of occupational licensing boards.”
Licensing boards have proved to be a double-edged sword for businesses. Proponents for expanded boards focus on the potential protections it can offer the consumer by preventing inadequate, harmful, improper, or dangerous practices, they argue.
Proponents for limited boards – or, no boards at all in some cases – argue that they stymie healthy competition, which also impacts the cost to both consumers and businesses. They also argue that they establish barriers between an individual and their profession.
Just before the onset of the COVID-19 nationwide health emergency last February, the Goldwater Institute noted that over 750 businesses benefited from the new universal licensing law. In June – several months into the pandemic – nearly 1,200 individuals gained their Arizona license under the law.
At the time of that report, several hundred other individuals had filed their applications. Only 16 were rejected out of all those who filed. 12 of those rejected applications had nothing to do with credentials, however. The individuals merely failed on the technicalities of residency requirements. A board official clarified that those applicants weren’t ultimately considered rejections because they reapplied for a standard license.
Corinne Murdock is a contributing reporter for AZ Free News. In her free time, she works on her books and podcasts. Follow her on Twitter, @CorinneMurdock or email tips to corinnejournalist@gmail.com.
by AZ Free News | Mar 25, 2021 | News
On Thursday, Arizona Gov. Doug Ducey announced his decision to lift the state’s restrictive COVID-19 measures. The governor cited the declining case rates and number of vaccinated Arizonans as reasons the measures are no longer necessary.
Ducey’s order still allows businesses to enforce mask mandates if they want, but cities, towns and counties must lift theirs.
According to the Governor’s Office, “3,041,773 doses of COVID-19 vaccine had been administered to 1,927,278 individuals in Arizona, including 1,185,986 who have been fully vaccinated.”
There has also been 10 weeks of declining cases, and hospitalizations at the lowest level since the end of September.
Under the changes announced on Thursday:
Events of more than 50 people will no longer need the approval of local governments. These events should continue to follow safe practices and CDC recommendations, including physical distancing. This includes youth sports.
The business guidance will transition from requirements to recommendations. Governor Ducey is providing businesses with the ability to continue requiring masks and social distancing.
Bars will now be allowed to resume regular operations, with the ability to require social distancing and masks.
“As we’ve said all along, distribution of the vaccine is our best path to getting back to normal, and I want to thank the millions of Arizonans who have rolled up their sleeves to make the distribution and uptake so successful,” said Ducey in a press release. “In Arizona, we never did a shutdown, so it’s impossible to have a grand reopening. Instead, we are continuing to take reasonable, safe and sensible steps. The measures put in place last summer allowed Arizona to fight back COVID-19. I want to thank the local leaders who supported these efforts with their own measures, and the businesses who implemented them. Today, we are in a different spot, and we are also a lot smarter. I’m confident Arizona’s businesses and citizens will continue to practice the fundamentals and act responsibly as we gradually get back to normal.”
