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Arizona's 2010 Immigration Act (view source)
Revision as of 00:26, June 17, 2010
, 00:26, June 17, 2010no edit summary
===Page 1===
===Page 1===
Be it enacted by the Legislature of the State of Arizona:
Be it enacted by the Legislature of the State of Arizona:
Section 1. Intent
Section 1. Intent
The legislature finds that there is a compelling interest in the
The legislature finds that there is a compelling interest in the
cooperative enforcement of federal immigration laws throughout all of
cooperative enforcement of federal immigration laws throughout all of
-1051. Cooperation and assistance in enforcement of
-1051. Cooperation and assistance in enforcement of
immigration laws; indemnification
immigration laws; indemnification
A. NO OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR
A. NO OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR
OTHER POLITICAL SUBDIVISION OF THIS STATE MAY ADOPT A POLICY THAT LIMITS OR
OTHER POLITICAL SUBDIVISION OF THIS STATE MAY ADOPT A POLICY THAT LIMITS OR
RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL
RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL
EXTENT PERMITTED BY FEDERAL LAW.
EXTENT PERMITTED BY FEDERAL LAW.
B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY
B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY
OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS
OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS
PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT
PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT
PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).
PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).
C. IF AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES IS
C. IF AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES IS
CONVICTED OF A VIOLATION OF STATE OR LOCAL LAW, ON DISCHARGE FROM
CONVICTED OF A VIOLATION OF STATE OR LOCAL LAW, ON DISCHARGE FROM
TRANSFERRED IMMEDIATELY TO THE CUSTODY OF THE UNITED STATES IMMIGRATION AND
TRANSFERRED IMMEDIATELY TO THE CUSTODY OF THE UNITED STATES IMMIGRATION AND
CUSTOMS ENFORCEMENT OR THE UNITED STATES CUSTOMS AND BORDER PROTECTION.
CUSTOMS ENFORCEMENT OR THE UNITED STATES CUSTOMS AND BORDER PROTECTION.
D. NOTWITHSTANDING ANY OTHER LAW, A LAW ENFORCEMENT AGENCY MAY
D. NOTWITHSTANDING ANY OTHER LAW, A LAW ENFORCEMENT AGENCY MAY
SECURELY TRANSPORT AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES
SECURELY TRANSPORT AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES
ANY OTHER POINT OF TRANSFER INTO FEDERAL CUSTODY THAT IS OUTSIDE THE
ANY OTHER POINT OF TRANSFER INTO FEDERAL CUSTODY THAT IS OUTSIDE THE
JURISDICTION OF THE LAW ENFORCEMENT AGENCY.
JURISDICTION OF THE LAW ENFORCEMENT AGENCY.
E. A LAW ENFORCEMENT OFFICER, WITHOUT A WARRANT, MAY ARREST A PERSON
E. A LAW ENFORCEMENT OFFICER, WITHOUT A WARRANT, MAY ARREST A PERSON
IF THE OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT THE PERSON HAS COMMITTED
IF THE OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT THE PERSON HAS COMMITTED
ANY PUBLIC OFFENSE THAT MAKES THE PERSON REMOVABLE FROM THE UNITED STATES.
ANY PUBLIC OFFENSE THAT MAKES THE PERSON REMOVABLE FROM THE UNITED STATES.
F. EXCEPT AS PROVIDED IN FEDERAL LAW, OFFICIALS OR AGENCIES OF THIS
F. EXCEPT AS PROVIDED IN FEDERAL LAW, OFFICIALS OR AGENCIES OF THIS
STATE AND COUNTIES, CITIES, TOWNS AND OTHER POLITICAL SUBDIVISIONS OF THIS
STATE AND COUNTIES, CITIES, TOWNS AND OTHER POLITICAL SUBDIVISIONS OF THIS
PROVIDED BY ANY FEDERAL, STATE, LOCAL OR OTHER POLITICAL SUBDIVISION OF THIS
PROVIDED BY ANY FEDERAL, STATE, LOCAL OR OTHER POLITICAL SUBDIVISION OF THIS
STATE.
STATE.
2. VERIFYING ANY CLAIM OF RESIDENCE OR DOMICILE IF DETERMINATION OF
2. VERIFYING ANY CLAIM OF RESIDENCE OR DOMICILE IF DETERMINATION OF
RESIDENCE OR DOMICILE IS REQUIRED UNDER THE LAWS OF THIS STATE OR A JUDICIAL
RESIDENCE OR DOMICILE IS REQUIRED UNDER THE LAWS OF THIS STATE OR A JUDICIAL
ORDER ISSUED PURSUANT TO A CIVIL OR CRIMINAL PROCEEDING IN THIS STATE.
ORDER ISSUED PURSUANT TO A CIVIL OR CRIMINAL PROCEEDING IN THIS STATE.
3. CONFIRMING THE IDENTITY OF ANY PERSON WHO IS DETAINED.
3. CONFIRMING THE IDENTITY OF ANY PERSON WHO IS DETAINED.
4. IF THE PERSON IS AN ALIEN, DETERMINING WHETHER THE PERSON IS IN
4. IF THE PERSON IS AN ALIEN, DETERMINING WHETHER THE PERSON IS IN
COMPLIANCE WITH THE FEDERAL REGISTRATION LAWS PRESCRIBED BY TITLE II, CHAPTER
COMPLIANCE WITH THE FEDERAL REGISTRATION LAWS PRESCRIBED BY TITLE II, CHAPTER
7 OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT.
7 OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT.
G. A PERSON MAY BRING AN ACTION IN SUPERIOR COURT TO CHALLENGE ANY
G. A PERSON MAY BRING AN ACTION IN SUPERIOR COURT TO CHALLENGE ANY
OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL
OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL
EXTENT PERMITTED BY FEDERAL LAW. IF THERE IS A JUDICIAL FINDING THAT AN
EXTENT PERMITTED BY FEDERAL LAW. IF THERE IS A JUDICIAL FINDING THAT AN
ENTITY HAS VIOLATED THIS SECTION, THE COURT SHALL ORDER ANY OF THE FOLLOWING:
ENTITY HAS VIOLATED THIS SECTION, THE COURT SHALL ORDER ANY OF THE FOLLOWING:
1. THAT THE PERSON WHO BROUGHT THE ACTION RECOVER COURT COSTS AND
1. THAT THE PERSON WHO BROUGHT THE ACTION RECOVER COURT COSTS AND
ATTORNEY FEES.
ATTORNEY FEES.
2. THAT THE ENTITY PAY A CIVIL PENALTY OF NOT LESS THAN ONE THOUSAND
2. THAT THE ENTITY PAY A CIVIL PENALTY OF NOT LESS THAN ONE THOUSAND
DOLLARS AND NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH DAY THAT THE POLICY
DOLLARS AND NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH DAY THAT THE POLICY
HAS REMAINED IN EFFECT AFTER THE FILING OF AN ACTION PURSUANT TO THIS
HAS REMAINED IN EFFECT AFTER THE FILING OF AN ACTION PURSUANT TO THIS
SUBSECTION.
SUBSECTION.
H. A COURT SHALL COLLECT THE CIVIL PENALTY PRESCRIBED IN SUBSECTION G
H. A COURT SHALL COLLECT THE CIVIL PENALTY PRESCRIBED IN SUBSECTION G
AND REMIT THE CIVIL PENALTY TO THE DEPARTMENT OF PUBLIC SAFETY FOR DEPOSIT IN
AND REMIT THE CIVIL PENALTY TO THE DEPARTMENT OF PUBLIC SAFETY FOR DEPOSIT IN
THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION FUND
THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION FUND
ESTABLISHED BY SECTION 41-1724.
ESTABLISHED BY SECTION 41-1724.
I. A LAW ENFORCEMENT OFFICER IS INDEMNIFIED BY THE LAW ENFORCEMENT
I. A LAW ENFORCEMENT OFFICER IS INDEMNIFIED BY THE LAW ENFORCEMENT
OFFICER'S AGENCY AGAINST REASONABLE COSTS AND EXPENSES, INCLUDING ATTORNEY
OFFICER'S AGENCY AGAINST REASONABLE COSTS AND EXPENSES, INCLUDING ATTORNEY
ENFORCEMENT AGENCY, EXCEPT IN RELATION TO MATTERS IN WHICH THE OFFICER IS
ENFORCEMENT AGENCY, EXCEPT IN RELATION TO MATTERS IN WHICH THE OFFICER IS
ADJUDGED TO HAVE ACTED IN BAD FAITH.
ADJUDGED TO HAVE ACTED IN BAD FAITH.
J. THIS SECTION SHALL BE IMPLEMENTED IN A MANNER CONSISTENT WITH
J. THIS SECTION SHALL BE IMPLEMENTED IN A MANNER CONSISTENT WITH
FEDERAL LAWS REGULATING IMMIGRATION, PROTECTING THE CIVIL RIGHTS OF ALL
FEDERAL LAWS REGULATING IMMIGRATION, PROTECTING THE CIVIL RIGHTS OF ALL
PERSONS AND RESPECTING THE PRIVILEGES AND IMMUNITIES OF UNITED STATES
PERSONS AND RESPECTING THE PRIVILEGES AND IMMUNITIES OF UNITED STATES
CITIZENS.
CITIZENS.
Sec. 3. Title 13, chapter 15, Arizona Revised Statutes, is amended by
Sec. 3. Title 13, chapter 15, Arizona Revised Statutes, is amended by
adding section 13-1509, to read:
adding section 13-1509, to read:
13-1509. Trespassing by illegal aliens; assessment; exception;
13-1509. Trespassing by illegal aliens; assessment; exception;
classification
classification
A. IN ADDITION TO ANY VIOLATION OF FEDERAL LAW, A PERSON IS GUILTY OF
A. IN ADDITION TO ANY VIOLATION OF FEDERAL LAW, A PERSON IS GUILTY OF
TRESPASSING IF THE PERSON IS BOTH:
TRESPASSING IF THE PERSON IS BOTH:
1. PRESENT ON ANY PUBLIC OR PRIVATE LAND IN THIS STATE.
1. PRESENT ON ANY PUBLIC OR PRIVATE LAND IN THIS STATE.
2. IN VIOLATION OF 8 UNITED STATES CODE SECTION 1304(e) OR 1306(a).
2. IN VIOLATION OF 8 UNITED STATES CODE SECTION 1304(e) OR 1306(a).
===Page 3===
===Page 3===
B. IN THE ENFORCEMENT OF THIS SECTION, THE FINAL DETERMINATION OF AN
B. IN THE ENFORCEMENT OF THIS SECTION, THE FINAL DETERMINATION OF AN
ALIEN'S IMMIGRATION STATUS SHALL BE DETERMINED BY EITHER:
ALIEN'S IMMIGRATION STATUS SHALL BE DETERMINED BY EITHER:
1. A LAW ENFORCEMENT OFFICER WHO IS AUTHORIZED BY THE FEDERAL
1. A LAW ENFORCEMENT OFFICER WHO IS AUTHORIZED BY THE FEDERAL
GOVERNMENT TO VERIFY OR ASCERTAIN AN ALIEN'S IMMIGRATION STATUS.
GOVERNMENT TO VERIFY OR ASCERTAIN AN ALIEN'S IMMIGRATION STATUS.
2. A LAW ENFORCEMENT OFFICER OR AGENCY COMMUNICATING WITH THE UNITED
2. A LAW ENFORCEMENT OFFICER OR AGENCY COMMUNICATING WITH THE UNITED
STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OR THE UNITED STATES BORDER
STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OR THE UNITED STATES BORDER
PROTECTION PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).
PROTECTION PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).
C. A PERSON WHO IS SENTENCED PURSUANT TO THIS SECTION IS NOT ELIGIBLE
C. A PERSON WHO IS SENTENCED PURSUANT TO THIS SECTION IS NOT ELIGIBLE
FOR SUSPENSION OR COMMUTATION OF SENTENCE OR RELEASE ON ANY BASIS UNTIL THE
FOR SUSPENSION OR COMMUTATION OF SENTENCE OR RELEASE ON ANY BASIS UNTIL THE
SENTENCE IMPOSED IS SERVED.
SENTENCE IMPOSED IS SERVED.
D. IN ADDITION TO ANY OTHER PENALTY PRESCRIBED BY LAW, THE COURT SHALL
D. IN ADDITION TO ANY OTHER PENALTY PRESCRIBED BY LAW, THE COURT SHALL
ORDER THE PERSON TO PAY JAIL COSTS AND AN ADDITIONAL ASSESSMENT IN THE
ORDER THE PERSON TO PAY JAIL COSTS AND AN ADDITIONAL ASSESSMENT IN THE
FOLLOWING AMOUNTS:
FOLLOWING AMOUNTS:
1. AT LEAST FIVE HUNDRED DOLLARS FOR A FIRST VIOLATION.
1. AT LEAST FIVE HUNDRED DOLLARS FOR A FIRST VIOLATION.
2. TWICE THE AMOUNT SPECIFIED IN PARAGRAPH 1 OF THIS SUBSECTION IF THE
2. TWICE THE AMOUNT SPECIFIED IN PARAGRAPH 1 OF THIS SUBSECTION IF THE
PERSON WAS PREVIOUSLY SUBJECT TO AN ASSESSMENT PURSUANT TO THIS SUBSECTION.
PERSON WAS PREVIOUSLY SUBJECT TO AN ASSESSMENT PURSUANT TO THIS SUBSECTION.
E. A COURT SHALL COLLECT THE ASSESSMENTS PRESCRIBED IN SUBSECTION D OF
E. A COURT SHALL COLLECT THE ASSESSMENTS PRESCRIBED IN SUBSECTION D OF
THIS SECTION AND REMIT THE ASSESSMENTS TO THE DEPARTMENT OF PUBLIC SAFETY,
THIS SECTION AND REMIT THE ASSESSMENTS TO THE DEPARTMENT OF PUBLIC SAFETY,
ENFORCEMENT AND FOR COUNTY JAIL REIMBURSEMENT COSTS RELATING TO ILLEGAL
ENFORCEMENT AND FOR COUNTY JAIL REIMBURSEMENT COSTS RELATING TO ILLEGAL
IMMIGRATION.
IMMIGRATION.
F. THIS SECTION DOES NOT APPLY TO A PERSON WHO MAINTAINS AUTHORIZATION
F. THIS SECTION DOES NOT APPLY TO A PERSON WHO MAINTAINS AUTHORIZATION
FROM THE FEDERAL GOVERNMENT TO REMAIN IN THE UNITED STATES.
FROM THE FEDERAL GOVERNMENT TO REMAIN IN THE UNITED STATES.
G. A VIOLATION OF THIS SECTION IS A CLASS 1 MISDEMEANOR, EXCEPT THAT A
G. A VIOLATION OF THIS SECTION IS A CLASS 1 MISDEMEANOR, EXCEPT THAT A
VIOLATION OF THIS SECTION IS:
VIOLATION OF THIS SECTION IS:
1. A CLASS 3 FELONY IF THE PERSON VIOLATES THIS SECTION WHILE IN
1. A CLASS 3 FELONY IF THE PERSON VIOLATES THIS SECTION WHILE IN
POSSESSION OF ANY OF THE FOLLOWING:
POSSESSION OF ANY OF THE FOLLOWING:
(a) A DANGEROUS DRUG AS DEFINED IN SECTION 13-3401.
(a) A DANGEROUS DRUG AS DEFINED IN SECTION 13-3401.
(b) PRECURSOR CHEMICALS THAT ARE USED IN THE MANUFACTURING OF
(b) PRECURSOR CHEMICALS THAT ARE USED IN THE MANUFACTURING OF
METHAMPHETAMINE IN VIOLATION OF SECTION 13-3404.01.
METHAMPHETAMINE IN VIOLATION OF SECTION 13-3404.01.
(c) A DEADLY WEAPON OR A DANGEROUS INSTRUMENT, AS DEFINED IN SECTION
(c) A DEADLY WEAPON OR A DANGEROUS INSTRUMENT, AS DEFINED IN SECTION
13-105.
13-105.
(d) PROPERTY THAT IS USED FOR THE PURPOSE OF COMMITTING AN ACT OF
(d) PROPERTY THAT IS USED FOR THE PURPOSE OF COMMITTING AN ACT OF
TERRORISM AS PRESCRIBED IN SECTION 13-2308.01.
TERRORISM AS PRESCRIBED IN SECTION 13-2308.01.
2. A CLASS 4 FELONY IF THE PERSON EITHER:
2. A CLASS 4 FELONY IF THE PERSON EITHER:
(a) IS CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF THIS SECTION.
(a) IS CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF THIS SECTION.
(b) WITHIN SIXTY MONTHS BEFORE THE VIOLATION, HAS BEEN REMOVED FROM
(b) WITHIN SIXTY MONTHS BEFORE THE VIOLATION, HAS BEEN REMOVED FROM
THE UNITED STATES PURSUANT TO 8 UNITED STATES CODE SECTION 1229a OR HAS
THE UNITED STATES PURSUANT TO 8 UNITED STATES CODE SECTION 1229a OR HAS
Sec. 4. Section 13-2319, Arizona Revised Statutes, is amended to read:
Sec. 4. Section 13-2319, Arizona Revised Statutes, is amended to read:
13-2319. Smuggling; classification; definitions
13-2319. Smuggling; classification; definitions
A. It is unlawful for a person to intentionally engage in the
A. It is unlawful for a person to intentionally engage in the
smuggling of human beings for profit or commercial purpose.
smuggling of human beings for profit or commercial purpose.
B. A violation of this section is a class 4 felony.
B. A violation of this section is a class 4 felony.
C. Notwithstanding subsection B of this section, a violation of this
C. Notwithstanding subsection B of this section, a violation of this
section:
section:
1. Is a class 2 felony if the human being who is smuggled is under
1. Is a class 2 felony if the human being who is smuggled is under
eighteen years of age and is not accompanied by a family member over eighteen
eighteen years of age and is not accompanied by a family member over eighteen
years of age or the offense involved the use of a deadly weapon or dangerous
years of age or the offense involved the use of a deadly weapon or dangerous
instrument.
instrument.
2. Is a class 3 felony if the offense involves the use or threatened
2. Is a class 3 felony if the offense involves the use or threatened
use of deadly physical force and the person is not eligible for suspension of
use of deadly physical force and the person is not eligible for suspension of
imposed by the court is served, the person is eligible for release pursuant
imposed by the court is served, the person is eligible for release pursuant
to section 41-1604.07 or the sentence is commuted.
to section 41-1604.07 or the sentence is commuted.
D. Chapter 10 of this title does not apply to a violation of
D. Chapter 10 of this title does not apply to a violation of
subsection C, paragraph 1 of this section.
subsection C, paragraph 1 of this section.
E. NOTWITHSTANDING ANY OTHER LAW, A PEACE OFFICER MAY LAWFULLY STOP
E. NOTWITHSTANDING ANY OTHER LAW, A PEACE OFFICER MAY LAWFULLY STOP
ANY PERSON WHO IS OPERATING A MOTOR VEHICLE IF THE OFFICER HAS REASONABLE
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 AND
SUSPICION TO BELIEVE THE PERSON IS IN VIOLATION OF ANY CIVIL TRAFFIC LAW AND
THIS SECTION.
THIS SECTION.
F. For the purposes of this section:
1. "Family member" means the person's parent, grandparent, sibling or
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
any other person who is related to the person by consanguinity or affinity to
the second degree.
the second degree.
2. "Procurement of transportation" means any participation in or
2. "Procurement of transportation" means any participation in or
facilitation of transportation and includes:
facilitation of transportation and includes:
(a) Providing services that facilitate transportation including travel
(a) Providing services that facilitate transportation including travel
arrangement services or money transmission services.
arrangement services or money transmission services.
(b) Providing property that facilitates transportation, including a
(b) Providing property that facilitates transportation, including a
weapon, a vehicle or other means of transportation or false identification,
weapon, a vehicle or other means of transportation or false identification,
or selling, leasing, renting or otherwise making available a drop house as
or selling, leasing, renting or otherwise making available a drop house as
defined in section 13-2322.
defined in section 13-2322.
3. "Smuggling of human beings" means the transportation, procurement
3. "Smuggling of human beings" means the transportation, procurement
of transportation or use of property or real property by a person or an
of transportation or use of property or real property by a person or an
work; unlawful application, solicitation or
work; unlawful application, solicitation or
employment; classification; definitions
employment; classification; definitions
A. IT IS UNLAWFUL FOR AN OCCUPANT OF A MOTOR VEHICLE THAT IS STOPPED
A. IT IS UNLAWFUL FOR AN OCCUPANT OF A MOTOR VEHICLE THAT IS STOPPED
ON A STREET, ROADWAY OR HIGHWAY TO ATTEMPT TO HIRE OR HIRE AND PICK UP
ON A STREET, ROADWAY OR HIGHWAY TO ATTEMPT TO HIRE OR HIRE AND PICK UP
PASSENGERS FOR WORK AT A DIFFERENT LOCATION IF THE MOTOR VEHICLE BLOCKS OR
PASSENGERS FOR WORK AT A DIFFERENT LOCATION IF THE MOTOR VEHICLE BLOCKS OR
IMPEDES THE NORMAL MOVEMENT OF TRAFFIC.
IMPEDES THE NORMAL MOVEMENT OF TRAFFIC.
B. IT IS UNLAWFUL FOR A PERSON TO ENTER A MOTOR VEHICLE THAT IS
B. IT IS UNLAWFUL FOR A PERSON TO ENTER A MOTOR VEHICLE THAT IS
STOPPED ON A STREET, ROADWAY OR HIGHWAY IN ORDER TO BE HIRED BY AN OCCUPANT
STOPPED ON A STREET, ROADWAY OR HIGHWAY IN ORDER TO BE HIRED BY AN OCCUPANT
OF THE MOTOR VEHICLE AND TO BE TRANSPORTED TO WORK AT A DIFFERENT LOCATION IF
OF THE MOTOR VEHICLE AND TO BE TRANSPORTED TO WORK AT A DIFFERENT LOCATION IF
THE MOTOR VEHICLE BLOCKS OR IMPEDES THE NORMAL MOVEMENT OF TRAFFIC.
THE MOTOR VEHICLE BLOCKS OR IMPEDES THE NORMAL MOVEMENT OF TRAFFIC.
C. IT IS UNLAWFUL FOR A PERSON WHO IS UNLAWFULLY PRESENT IN THE UNITED
C. IT IS UNLAWFUL FOR A PERSON WHO IS UNLAWFULLY PRESENT IN THE UNITED
STATES AND WHO IS AN UNAUTHORIZED ALIEN TO KNOWINGLY APPLY FOR WORK, SOLICIT
STATES AND WHO IS AN UNAUTHORIZED ALIEN TO KNOWINGLY APPLY FOR WORK, SOLICIT
WORK IN A PUBLIC PLACE OR PERFORM WORK AS AN EMPLOYEE OR INDEPENDENT
WORK IN A PUBLIC PLACE OR PERFORM WORK AS AN EMPLOYEE OR INDEPENDENT
CONTRACTOR IN THIS STATE.
CONTRACTOR IN THIS STATE.
D. A VIOLATION OF THIS SECTION IS A CLASS 1 MISDEMEANOR.
D. A VIOLATION OF THIS SECTION IS A CLASS 1 MISDEMEANOR.
E. FOR THE PURPOSES OF THIS SECTION:
E. FOR THE PURPOSES OF THIS SECTION:
1. "SOLICIT" MEANS VERBAL OR NONVERBAL COMMUNICATION BY A GESTURE OR A
1. "SOLICIT" MEANS VERBAL OR NONVERBAL COMMUNICATION BY A GESTURE OR A
NOD THAT WOULD INDICATE TO A REASONABLE PERSON THAT A PERSON IS WILLING TO BE
NOD THAT WOULD INDICATE TO A REASONABLE PERSON THAT A PERSON IS WILLING TO BE
EMPLOYED.
EMPLOYED.
2. "UNAUTHORIZED ALIEN" MEANS AN ALIEN WHO DOES NOT HAVE THE LEGAL
2. "UNAUTHORIZED ALIEN" MEANS AN ALIEN WHO DOES NOT HAVE THE LEGAL
RIGHT OR AUTHORIZATION UNDER FEDERAL LAW TO WORK IN THE UNITED STATES AS
RIGHT OR AUTHORIZATION UNDER FEDERAL LAW TO WORK IN THE UNITED STATES AS
or shielding of unlawful aliens; vehicle
or shielding of unlawful aliens; vehicle
impoundment; classification
impoundment; classification
A. IT IS UNLAWFUL FOR A PERSON WHO IS IN VIOLATION OF A CRIMINAL
A. IT IS UNLAWFUL FOR A PERSON WHO IS IN VIOLATION OF A CRIMINAL
OFFENSE TO:
OFFENSE TO:
1. TRANSPORT OR MOVE OR ATTEMPT TO TRANSPORT OR MOVE AN ALIEN IN THIS
1. TRANSPORT OR MOVE OR ATTEMPT TO TRANSPORT OR MOVE AN ALIEN IN THIS
STATE IN A MEANS OF TRANSPORTATION IF THE PERSON KNOWS OR RECKLESSLY
STATE IN A MEANS OF TRANSPORTATION IF THE PERSON KNOWS OR RECKLESSLY
DISREGARDS THE FACT THAT THE ALIEN HAS COME TO, HAS ENTERED OR REMAINS IN THE
DISREGARDS THE FACT THAT THE ALIEN HAS COME TO, HAS ENTERED OR REMAINS IN THE
UNITED STATES IN VIOLATION OF LAW.
UNITED STATES IN VIOLATION OF LAW.
2. CONCEAL, HARBOR OR SHIELD OR ATTEMPT TO CONCEAL, HARBOR OR SHIELD
2. CONCEAL, HARBOR OR SHIELD OR ATTEMPT TO CONCEAL, HARBOR OR SHIELD
AN ALIEN FROM DETECTION IN ANY PLACE IN THIS STATE, INCLUDING ANY BUILDING OR
AN ALIEN FROM DETECTION IN ANY PLACE IN THIS STATE, INCLUDING ANY BUILDING OR
FACT THAT THE ALIEN HAS COME TO, HAS ENTERED OR REMAINS IN THE UNITED STATES
FACT THAT THE ALIEN HAS COME TO, HAS ENTERED OR REMAINS IN THE UNITED STATES
IN VIOLATION OF LAW.
IN VIOLATION OF LAW.
3. ENCOURAGE OR INDUCE AN ALIEN TO COME TO OR RESIDE IN THIS STATE IF
3. ENCOURAGE OR INDUCE AN ALIEN TO COME TO OR RESIDE IN THIS STATE IF
THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE FACT THAT SUCH COMING TO,
THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE FACT THAT SUCH COMING TO,
A CLASS 6 FELONY AND THE PERSON IS SUBJECT TO A FINE OF AT LEAST ONE THOUSAND
A CLASS 6 FELONY AND THE PERSON IS SUBJECT TO A FINE OF AT LEAST ONE THOUSAND
DOLLARS FOR EACH ALIEN WHO IS INVOLVED.
DOLLARS FOR EACH ALIEN WHO IS INVOLVED.
Sec. 6. Section 23-212, Arizona Revised Statutes, is amended to read:
Sec. 6. Section 23-212, Arizona Revised Statutes, is amended to read:
23-212. Knowingly employing unauthorized aliens; prohibition;
23-212. Knowingly employing unauthorized aliens; prohibition;
classification; license suspension and revocation;
classification; license suspension and revocation;
affirmative defense
affirmative defense
A. An employer shall not knowingly employ an unauthorized alien. If,
A. An employer shall not knowingly employ an unauthorized alien. If,
in the case when an employer uses a contract, subcontract or other
in the case when an employer uses a contract, subcontract or other
person who employs or contracts with an unauthorized alien to perform the
person who employs or contracts with an unauthorized alien to perform the
labor, the employer violates this subsection.
labor, the employer violates this subsection.
B. The attorney general shall prescribe a complaint form for a person
B. The attorney general shall prescribe a complaint form for a person
to allege a violation of subsection A of this section. The complainant shall
to allege a violation of subsection A of this section. The complainant shall
C. If, after an investigation, the attorney general or county attorney
C. If, after an investigation, the attorney general or county attorney
determines that the complaint is not false and frivolous:
determines that the complaint is not false and frivolous:
1. The attorney general or county attorney shall notify the United
1. The attorney general or county attorney shall notify the United
States immigration and customs enforcement of the unauthorized alien.
States immigration and customs enforcement of the unauthorized alien.
2. The attorney general or county attorney shall notify the local law
2. The attorney general or county attorney shall notify the local law
enforcement agency of the unauthorized alien.
enforcement agency of the unauthorized alien.
3. The attorney general shall notify the appropriate county attorney
3. The attorney general shall notify the appropriate county attorney
to bring an action pursuant to subsection D of this section if the complaint
to bring an action pursuant to subsection D of this section if the complaint
was originally filed with the attorney general.
was originally filed with the attorney general.
D. An action for a violation of subsection A of this section shall be
D. An action for a violation of subsection A of this section shall be
brought against the employer by the county attorney in the county where the
brought against the employer by the county attorney in the county where the
or was employed by the employer after an action has been brought for a
or was employed by the employer after an action has been brought for a
violation of subsection A of this section or section 23-212.01, subsection A.
violation of subsection A of this section or section 23-212.01, subsection A.
E. For any action in superior court under this section, the court
E. For any action in superior court under this section, the court
shall expedite the action, including assigning the hearing at the earliest
shall expedite the action, including assigning the hearing at the earliest
practicable date.
practicable date.
F. On a finding of a violation of subsection A of this section:
F. On a finding of a violation of subsection A of this section:
1. For a first violation, as described in paragraph 3 of this
1. For a first violation, as described in paragraph 3 of this
subsection, the court:
subsection, the court:
(a) Shall order the employer to terminate the employment of all
(a) Shall order the employer to terminate the employment of all
unauthorized aliens.
unauthorized aliens.
Shall order the employer to be subject to a three year
(b) Shall order the employer to be subject to a three year
probationary period for the business location where the unauthorized alien
probationary period for the business location where the unauthorized alien
performed work. During the probationary period the employer shall file
performed work. During the probationary period the employer shall file
attorney of each new employee who is hired by the employer at the business
attorney of each new employee who is hired by the employer at the business
location where the unauthorized alien performed work.
location where the unauthorized alien performed work.
(c) Shall order the employer to file a signed sworn affidavit with the
(c) Shall order the employer to file a signed sworn affidavit with the
county attorney within three business days after the order is issued. The
county attorney within three business days after the order is issued. The
attorney general and the attorney general shall maintain the copy pursuant to
attorney general and the attorney general shall maintain the copy pursuant to
subsection G of this section.
subsection G of this section.
(d) May order the appropriate agencies to suspend all licenses
(d) May order the appropriate agencies to suspend all licenses
described in subdivision (c) of this paragraph that are held by the employer
described in subdivision (c) of this paragraph that are held by the employer
during the action for a violation of this subsection and shall consider the
during the action for a violation of this subsection and shall consider the
following factors, if relevant:
following factors, if relevant:
(i) The number of unauthorized aliens employed by the employer.
(i) The number of unauthorized aliens employed by the employer.
(ii) Any prior misconduct by the employer.
(ii) Any prior misconduct by the employer.
(iii) The degree of harm resulting from the violation.
(iii) The degree of harm resulting from the violation.
(iv) Whether the employer made good faith efforts to comply with any
(iv) Whether the employer made good faith efforts to comply with any
applicable requirements.
applicable requirements.
(v) The duration of the violation.
(v) The duration of the violation.
(vi) The role of the directors, officers or principals of the employer
(vi) The role of the directors, officers or principals of the employer
in the violation.
in the violation.
(vii) Any other factors the court deems appropriate.
(vii) Any other factors the court deems appropriate.
2. For a second violation, as described in paragraph 3 of this
2. For a second violation, as described in paragraph 3 of this
subsection, the court shall order the appropriate agencies to permanently
subsection, the court shall order the appropriate agencies to permanently
notwithstanding any other law, the appropriate agencies shall immediately
notwithstanding any other law, the appropriate agencies shall immediately
revoke the licenses.
revoke the licenses.
3. The violation shall be considered:
3. The violation shall be considered:
(a) A first violation by an employer at a business location if the
(a) A first violation by an employer at a business location if the
violation did not occur during a probationary period ordered by the court
violation did not occur during a probationary period ordered by the court
under this subsection or section 23-212.01, subsection F for that employer's
under this subsection or section 23-212.01, subsection F for that employer's
business location.
business location.
(b) A second violation by an employer at a business location if the
(b) A second violation by an employer at a business location if the
violation occurred during a probationary period ordered by the court under
violation occurred during a probationary period ordered by the court under
this subsection or section 23-212.01, subsection F for that employer's
this subsection or section 23-212.01, subsection F for that employer's
business location.
business location.
G. The attorney general shall maintain copies of court orders that are
G. The attorney general shall maintain copies of court orders that are
received pursuant to subsection F of this section and shall maintain a
received pursuant to subsection F of this section and shall maintain a
of subsection A of this section and make the court orders available on the
of subsection A of this section and make the court orders available on the
attorney general's website.
attorney general's website.
H. On determining whether an employee is an unauthorized alien, the
H. On determining whether an employee is an unauthorized alien, the
court shall consider only the federal government's determination pursuant to
court shall consider only the federal government's determination pursuant to
request the federal government to provide automated or testimonial
request the federal government to provide automated or testimonial
verification pursuant to 8 United States Code section 1373(c).
verification pursuant to 8 United States Code section 1373(c).
I. For the purposes of this section, proof of verifying the employment
I. For the purposes of this section, proof of verifying the employment
authorization of an employee through the e-verify program creates a
authorization of an employee through the e-verify program creates a
rebuttable presumption that an employer did not knowingly employ an
rebuttable presumption that an employer did not knowingly employ an
unauthorized alien.
unauthorized alien.
J. For the purposes of this section, an employer that establishes that
J. For the purposes of this section, an employer that establishes that
it has complied in good faith with the requirements of 8 United States Code
it has complied in good faith with the requirements of 8 United States Code
failure to meet the requirements, if there is a good faith attempt to comply
failure to meet the requirements, if there is a good faith attempt to comply
with the requirements.
with the requirements.
K. IT IS AN AFFIRMATIVE DEFENSE TO A VIOLATION OF SUBSECTION A OF THIS
K. IT IS AN AFFIRMATIVE DEFENSE TO A VIOLATION OF SUBSECTION A OF THIS
SECTION THAT THE EMPLOYER WAS ENTRAPPED. TO CLAIM ENTRAPMENT, THE EMPLOYER
SECTION THAT THE EMPLOYER WAS ENTRAPPED. TO CLAIM ENTRAPMENT, THE EMPLOYER
ELEMENTS OF THE VIOLATION. AN EMPLOYER WHO ASSERTS AN ENTRAPMENT DEFENSE HAS
ELEMENTS OF THE VIOLATION. AN EMPLOYER WHO ASSERTS AN ENTRAPMENT DEFENSE HAS
THE BURDEN OF PROVING THE FOLLOWING BY CLEAR AND CONVINCING EVIDENCE:
THE BURDEN OF PROVING THE FOLLOWING BY CLEAR AND CONVINCING EVIDENCE:
1. THE IDEA OF COMMITTING THE VIOLATION STARTED WITH LAW ENFORCEMENT
1. THE IDEA OF COMMITTING THE VIOLATION STARTED WITH LAW ENFORCEMENT
OFFICERS OR THEIR AGENTS RATHER THAN WITH THE EMPLOYER.
OFFICERS OR THEIR AGENTS RATHER THAN WITH THE EMPLOYER.
2. THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE
2. THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE
EMPLOYER TO COMMIT THE VIOLATION.
EMPLOYER TO COMMIT THE VIOLATION.
3. THE EMPLOYER WAS NOT PREDISPOSED TO COMMIT THE VIOLATION BEFORE THE
3. THE EMPLOYER WAS NOT PREDISPOSED TO COMMIT THE VIOLATION BEFORE THE
LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE EMPLOYER TO
LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE EMPLOYER TO
violation; classification; license suspension and
violation; classification; license suspension and
revocation; affirmative defense
revocation; affirmative defense
A. An employer shall not intentionally employ an unauthorized alien.
A. An employer shall not intentionally employ an unauthorized alien.
If, in the case when an employer uses a contract, subcontract or other
If, in the case when an employer uses a contract, subcontract or other
with a person who employs or contracts with an unauthorized alien to perform
with a person who employs or contracts with an unauthorized alien to perform
the labor, the employer violates this subsection.
the labor, the employer violates this subsection.
B. The attorney general shall prescribe a complaint form for a person
B. The attorney general shall prescribe a complaint form for a person
to allege a violation of subsection A of this section. The complainant shall
to allege a violation of subsection A of this section. The complainant shall
knowingly files a false and frivolous complaint under this subsection is
knowingly files a false and frivolous complaint under this subsection is
guilty of a class 3 misdemeanor.
guilty of a class 3 misdemeanor.
C. If, after an investigation, the attorney general or county attorney
C. If, after an investigation, the attorney general or county attorney
determines that the complaint is not false and frivolous:
determines that the complaint is not false and frivolous:
1. The attorney general or county attorney shall notify the United
1. The attorney general or county attorney shall notify the United
States immigration and customs enforcement of the unauthorized alien.
States immigration and customs enforcement of the unauthorized alien.
2. The attorney general or county attorney shall notify the local law
2. The attorney general or county attorney shall notify the local law
enforcement agency of the unauthorized alien.
enforcement agency of the unauthorized alien.
===Page 11===
===Page 11===
3. The attorney general shall notify the appropriate county attorney to bring an action pursuant to subsection D of this section if the complaintwas originally filed with the attorney general.
3. The attorney general shall notify the appropriate county attorney to bring an action pursuant to subsection D of this section if the complaintwas originally filed with the attorney general.
An action for a violation of subsection A of this section shall be brought against the employer by the county attorney in the county where the
D. An action for a violation of subsection A of this section shall be brought against the employer by the county attorney in the county where the
unauthorized alien employee is or was employed by the employer. The county
unauthorized alien employee is or was employed by the employer. The county
attorney shall not bring an action against any employer for any violation of
attorney shall not bring an action against any employer for any violation of
or was employed by the employer after an action has been brought for a
or was employed by the employer after an action has been brought for a
violation of subsection A of this section or section 23-212, subsection A.
violation of subsection A of this section or section 23-212, subsection A.
E. For any action in superior court under this section, the court
E. For any action in superior court under this section, the court
shall expedite the action, including assigning the hearing at the earliest
shall expedite the action, including assigning the hearing at the earliest
practicable date.
practicable date.
F. On a finding of a violation of subsection A of this section:
F. On a finding of a violation of subsection A of this section:
1. For a first violation, as described in paragraph 3 of this
1. For a first violation, as described in paragraph 3 of this
subsection, the court shall:
subsection, the court shall:
(a) Order the employer to terminate the employment of all unauthorized
(a) Order the employer to terminate the employment of all unauthorized
aliens.
aliens.
(b) Order the employer to be subject to a five year probationary
(b) Order the employer to be subject to a five year probationary
period for the business location where the unauthorized alien performed work.
period for the business location where the unauthorized alien performed work.
employee who is hired by the employer at the business location where the
employee who is hired by the employer at the business location where the
unauthorized alien performed work.
unauthorized alien performed work.
(c) Order the appropriate agencies to suspend all licenses described
(c) Order the appropriate agencies to suspend all licenses described
in subdivision (d) of this paragraph that are held by the employer for a
in subdivision (d) of this paragraph that are held by the employer for a
it during the action for a violation of this subsection and shall consider
it during the action for a violation of this subsection and shall consider
the following factors, if relevant:
the following factors, if relevant:
(i) The number of unauthorized aliens employed by the employer.
(i) The number of unauthorized aliens employed by the employer.
(ii) Any prior misconduct by the employer.
(ii) Any prior misconduct by the employer.
(iii) The degree of harm resulting from the violation.
(iii) The degree of harm resulting from the violation.
(iv) Whether the employer made good faith efforts to comply with any
(iv) Whether the employer made good faith efforts to comply with any
applicable requirements.
applicable requirements.
(v) The duration of the violation.
(v) The duration of the violation.
(vi) The role of the directors, officers or principals of the employer
(vi) The role of the directors, officers or principals of the employer
in the violation.
in the violation.
(vii) Any other factors the court deems appropriate.
(vii) Any other factors the court deems appropriate.
(d) Order the employer to file a signed sworn affidavit with the
(d) Order the employer to file a signed sworn affidavit with the
county attorney. The affidavit shall state that the employer has terminated
county attorney. The affidavit shall state that the employer has terminated
general and the attorney general shall maintain the copy pursuant to
general and the attorney general shall maintain the copy pursuant to
subsection G of this section.
subsection G of this section.
2. For a second violation, as described in paragraph 3 of this
2. For a second violation, as described in paragraph 3 of this
subsection, the court shall order the appropriate agencies to permanently
subsection, the court shall order the appropriate agencies to permanently
notwithstanding any other law, the appropriate agencies shall immediately
notwithstanding any other law, the appropriate agencies shall immediately
revoke the licenses.
revoke the licenses.
3. The violation shall be considered:
3. The violation shall be considered:
(a) A first violation by an employer at a business location if the
(a) A first violation by an employer at a business location if the
violation did not occur during a probationary period ordered by the court
violation did not occur during a probationary period ordered by the court
under this subsection or section 23-212, subsection F for that employer's
under this subsection or section 23-212, subsection F for that employer's
34 business location.
34 business location.
(b) A second violation by an employer at a business location if the
(b) A second violation by an employer at a business location if the
violation occurred during a probationary period ordered by the court under
violation occurred during a probationary period ordered by the court under
this subsection or section 23-212, subsection F for that employer's business
this subsection or section 23-212, subsection F for that employer's business
location.
location.
G. The attorney general shall maintain copies of court orders that are
G. The attorney general shall maintain copies of court orders that are
received pursuant to subsection F of this section and shall maintain a
received pursuant to subsection F of this section and shall maintain a
of subsection A of this section and make the court orders available on the
of subsection A of this section and make the court orders available on the
attorney general's website.
attorney general's website.
H. On determining whether an employee is an unauthorized alien, the
H. On determining whether an employee is an unauthorized alien, the
court shall consider only the federal government's determination pursuant to
court shall consider only the federal government's determination pursuant to
request the federal government to provide automated or testimonial
request the federal government to provide automated or testimonial
verification pursuant to 8 United States Code section 1373(c).
verification pursuant to 8 United States Code section 1373(c).
I. For the purposes of this section, proof of verifying the employment
I. For the purposes of this section, proof of verifying the employment
authorization of an employee through the e-verify program creates a
authorization of an employee through the e-verify program creates a
rebuttable presumption that an employer did not intentionally employ an
rebuttable presumption that an employer did not intentionally employ an
unauthorized alien.
unauthorized alien.
J. For the purposes of this section, an employer that establishes that
J. For the purposes of this section, an employer that establishes that
it has complied in good faith with the requirements of 8 United States Code
it has complied in good faith with the requirements of 8 United States Code
failure to meet the requirements, if there is a good faith attempt to comply
failure to meet the requirements, if there is a good faith attempt to comply
with the requirements.
with the requirements.
K. IT IS AN AFFIRMATIVE DEFENSE TO A VIOLATION OF SUBSECTION A OF THIS
K. IT IS AN AFFIRMATIVE DEFENSE TO A VIOLATION OF SUBSECTION A OF THIS
SECTION THAT THE EMPLOYER WAS ENTRAPPED. TO CLAIM ENTRAPMENT, THE EMPLOYER
SECTION THAT THE EMPLOYER WAS ENTRAPPED. TO CLAIM ENTRAPMENT, THE EMPLOYER
ELEMENTS OF THE VIOLATION. AN EMPLOYER WHO ASSERTS AN ENTRAPMENT DEFENSE HAS
ELEMENTS OF THE VIOLATION. AN EMPLOYER WHO ASSERTS AN ENTRAPMENT DEFENSE HAS
THE BURDEN OF PROVING THE FOLLOWING BY CLEAR AND CONVINCING EVIDENCE:
THE BURDEN OF PROVING THE FOLLOWING BY CLEAR AND CONVINCING EVIDENCE:
1. THE IDEA OF COMMITTING THE VIOLATION STARTED WITH LAW ENFORCEMENT
1. THE IDEA OF COMMITTING THE VIOLATION STARTED WITH LAW ENFORCEMENT
OFFICERS OR THEIR AGENTS RATHER THAN WITH THE EMPLOYER.
OFFICERS OR THEIR AGENTS RATHER THAN WITH THE EMPLOYER.
2. THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE
2. THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE
EMPLOYER TO COMMIT THE VIOLATION.
EMPLOYER TO COMMIT THE VIOLATION.
3. THE EMPLOYER WAS NOT PREDISPOSED TO COMMIT THE VIOLATION BEFORE THE
3. THE EMPLOYER WAS NOT PREDISPOSED TO COMMIT THE VIOLATION BEFORE THE
LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE EMPLOYER TO
LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE EMPLOYER TO
COMMIT THE VIOLATION.
COMMIT THE VIOLATION.
L. AN EMPLOYER DOES NOT ESTABLISH ENTRAPMENT IF THE EMPLOYER WAS
L. AN EMPLOYER DOES NOT ESTABLISH ENTRAPMENT IF THE EMPLOYER WAS
PREDISPOSED TO VIOLATE SUBSECTION A OF THIS SECTION AND THE LAW ENFORCEMENT
PREDISPOSED TO VIOLATE SUBSECTION A OF THIS SECTION AND THE LAW ENFORCEMENT
OF LAW ENFORCEMENT OFFICERS AND THEIR AGENTS MAY BE CONSIDERED IN DETERMINING
OF LAW ENFORCEMENT OFFICERS AND THEIR AGENTS MAY BE CONSIDERED IN DETERMINING
IF AN EMPLOYER HAS PROVEN ENTRAPMENT.
IF AN EMPLOYER HAS PROVEN ENTRAPMENT.
Sec. 8. Section 23-214, Arizona Revised Statutes, is amended to read:
Sec. 8. Section 23-214, Arizona Revised Statutes, is amended to read:
23-214. Verification of employment eligibility; e-verify
23-214. Verification of employment eligibility; e-verify
program; economic development incentives; list of
program; economic development incentives; list of
registered employers
registered employers
A. After December 31, 2007, every employer, after hiring an employee,
A. After December 31, 2007, every employer, after hiring an employee,
shall verify the employment eligibility of the employee through the e-verify
shall verify the employment eligibility of the employee through the e-verify
government entity within thirty days of the final determination. For the
government entity within thirty days of the final determination. For the
purposes of this subsection:
purposes of this subsection:
1. "Economic development incentive" means any grant, loan or
1. "Economic development incentive" means any grant, loan or
performance-based incentive from any government entity that is awarded after
performance-based incentive from any government entity that is awarded after
September 30, 2008. Economic development incentive does not include any tax
September 30, 2008. Economic development incentive does not include any tax
provision under title 42 or 43.
provision under title 42 or 43.
2. "Government entity" means this state and any political subdivision
2. "Government entity" means this state and any political subdivision
of this state that receives and uses tax revenues.
of this state that receives and uses tax revenues.
of employers, the attorney general shall make the list available on the
of employers, the attorney general shall make the list available on the
attorney general's website.
attorney general's website.
Sec. 9. Section 28-3511, Arizona Revised Statutes, is amended to read:
Sec. 9. Section 28-3511, Arizona Revised Statutes, is amended to read:
28-3511. Removal and immobilization or impoundment of vehicle
28-3511. Removal and immobilization or impoundment of vehicle
A. A peace officer shall cause the removal and either immobilization
A. A peace officer shall cause the removal and either immobilization
or impoundment of a vehicle if the peace officer determines that a person is
or impoundment of a vehicle if the peace officer determines that a person is
driving the vehicle while any of the following applies:
driving the vehicle while any of the following applies:
1. The person's driving privilege is suspended or revoked for any
1. The person's driving privilege is suspended or revoked for any
reason.
reason.
2. The person has not ever been issued a valid driver license or
2. The person has not ever been issued a valid driver license or
permit by this state and the person does not produce evidence of ever having
permit by this state and the person does not produce evidence of ever having
a valid driver license or permit issued by another jurisdiction. This
a valid driver license or permit issued by another jurisdiction. This
paragraph does not apply to the operation of an implement of husbandry.
paragraph does not apply to the operation of an implement of husbandry.
3. The person is subject to an ignition interlock device requirement
3. The person is subject to an ignition interlock device requirement
pursuant to chapter 4 of this title and the person is operating a vehicle
pursuant to chapter 4 of this title and the person is operating a vehicle
does not apply to a person operating an employer's vehicle or the operation
does not apply to a person operating an employer's vehicle or the operation
of a vehicle due to a substantial emergency as defined in section 28-1464.
of a vehicle due to a substantial emergency as defined in section 28-1464.
4. THE PERSON IS IN VIOLATION OF A CRIMINAL OFFENSE AND IS
4. THE PERSON IS IN VIOLATION OF A CRIMINAL OFFENSE AND IS
TRANSPORTING, MOVING, CONCEALING, HARBORING OR SHIELDING OR ATTEMPTING TO
TRANSPORTING, MOVING, CONCEALING, HARBORING OR SHIELDING OR ATTEMPTING TO
vehicle if the peace officer determines that a person is driving the vehicle
vehicle if the peace officer determines that a person is driving the vehicle
and if all of the following apply:
and if all of the following apply:
1. The person's driving privilege is canceled, suspended or revoked
1. The person's driving privilege is canceled, suspended or revoked
for any reason or the person has not ever been issued a driver license or
for any reason or the person has not ever been issued a driver license or
permit by this state and the person does not produce evidence of ever havinga driver license or permit issued by another jurisdiction.
permit by this state and the person does not produce evidence of ever havinga driver license or permit issued by another jurisdiction.
2. The person is not in compliance with the financial responsibility
2. The person is not in compliance with the financial responsibility
requirements of chapter 9, article 4 of this title.
requirements of chapter 9, article 4 of this title.
3. The person is driving a vehicle that is involved in an accident
3. The person is driving a vehicle that is involved in an accident
that results in either property damage or injury to or death of another
that results in either property damage or injury to or death of another
person.
person.
C. Except as provided in subsection D of this section, while a peace
C. Except as provided in subsection D of this section, while a peace
officer has control of the vehicle the peace officer shall cause the removal
officer has control of the vehicle the peace officer shall cause the removal
has probable cause to arrest the driver of the vehicle for a violation of
has probable cause to arrest the driver of the vehicle for a violation of
section 4-244, paragraph 34 or section 28-1382 or 28-1383.
section 4-244, paragraph 34 or section 28-1382 or 28-1383.
D. A peace officer shall not cause the removal and either the
D. A peace officer shall not cause the removal and either the
immobilization or impoundment of a vehicle pursuant to subsection C of this
immobilization or impoundment of a vehicle pursuant to subsection C of this
section if all of the following apply:
section if all of the following apply:
1. The peace officer determines that the vehicle is currently
1. The peace officer determines that the vehicle is currently
registered and that the driver or the vehicle is in compliance with the
registered and that the driver or the vehicle is in compliance with the
financial responsibility requirements of chapter 9, article 4 of this title.
financial responsibility requirements of chapter 9, article 4 of this title.
2. The spouse of the driver is with the driver at the time of the
2. The spouse of the driver is with the driver at the time of the
arrest.
arrest.
3. The peace officer has reasonable grounds to believe that the spouse
3. The peace officer has reasonable grounds to believe that the spouse
of the driver:
of the driver:
(a) Has a valid driver license.
(a) Has a valid driver license.
(b) Is not impaired by intoxicating liquor, any drug, a vapor
(b) Is not impaired by intoxicating liquor, any drug, a vapor
releasing substance containing a toxic substance or any combination of
releasing substance containing a toxic substance or any combination of
liquor, drugs or vapor releasing substances.
liquor, drugs or vapor releasing substances.
(c) Does not have any spirituous liquor in the spouse's body if the
(c) Does not have any spirituous liquor in the spouse's body if the
spouse is under twenty-one years of age.
spouse is under twenty-one years of age.
4. The spouse notifies the peace officer that the spouse will drive
4. The spouse notifies the peace officer that the spouse will drive
the vehicle from the place of arrest to the driver's home or other place of
the vehicle from the place of arrest to the driver's home or other place of
safety.
safety.
5. The spouse drives the vehicle as prescribed by paragraph 4 of this
5. The spouse drives the vehicle as prescribed by paragraph 4 of this
subsection.
subsection.
E. Except as otherwise provided in this article, a vehicle that is
E. Except as otherwise provided in this article, a vehicle that is
removed and either immobilized or impounded pursuant to subsection A, B or C
removed and either immobilized or impounded pursuant to subsection A, B or C
insurance company does not have a duty to pay any benefits for charges or
insurance company does not have a duty to pay any benefits for charges or
fees for immobilization or impoundment.
fees for immobilization or impoundment.
F. The owner of a vehicle that is removed and either immobilized or
F. The owner of a vehicle that is removed and either immobilized or
impounded pursuant to subsection A, B or C of this section, the spouse of the
impounded pursuant to subsection A, B or C of this section, the spouse of the
in the vehicle shall be provided with an opportunity for an immobilization or
in the vehicle shall be provided with an opportunity for an immobilization or
poststorage hearing pursuant to section 28-3514.
poststorage hearing pursuant to section 28-3514.
Sec. 10. Title 41, chapter 12, article 2, Arizona Revised Statutes, is
amended by adding section 41-1724, to read:
Sec. 10. Title 41, chapter 12, article 2, Arizona Revised Statutes, is amended by adding section 41-1724, to read:
41-1724. Gang and immigration intelligence team enforcement
41-1724. Gang and immigration intelligence team enforcement
mission fund
mission fund
THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION FUND IS
THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION FUND IS
ESTABLISHED CONSISTING OF MONIES DEPOSITED PURSUANT TO SECTION 11-1051 AND
ESTABLISHED CONSISTING OF MONIES DEPOSITED PURSUANT TO SECTION 11-1051 AND
BE USED FOR GANG AND IMMIGRATION ENFORCEMENT AND FOR COUNTY JAIL
BE USED FOR GANG AND IMMIGRATION ENFORCEMENT AND FOR COUNTY JAIL
REIMBURSEMENT COSTS RELATING TO ILLEGAL IMMIGRATION.
REIMBURSEMENT COSTS RELATING TO ILLEGAL IMMIGRATION.
Sec. 11. Severability, implementation and construction
Sec. 11. Severability, implementation and construction
A. If a provision of this act or its application to any person or
A. If a provision of this act or its application to any person or
circumstance is held invalid, the invalidity does not affect other provisions
circumstance is held invalid, the invalidity does not affect other provisions
provision or application, and to this end the provisions of this act are
provision or application, and to this end the provisions of this act are
severable.
severable.
21 have the meanings given to them under federal immigration law.C. This act shall be implemented in a manner consistent with federal
B. The terms of this act regarding immigration shall be construed to
laws regulating immigration, protecting the civil rights of all persons and
21 have the meanings given to them under federal immigration law.C. This act shall be implemented in a manner consistent with federal laws regulating immigration, protecting the civil rights of all persons and
respecting the privileges and immunities of United States citizens.
respecting the privileges and immunities of United States citizens.
Sec. 12. Short title
Sec. 12. Short title
This act may be cited as the "Support Our Law Enforcement and Safe Neighborhoods Act".
This act may be cited as the "Support Our Law Enforcement and Safe Neighborhoods Act".