Arizona - SB 1070 - Support Our Law Enforcement

8/9/2019 Arizona - SB 1070 - Support Our Law Enforcement

1/21

Arizona Senate Bill 1070

Page 1 of 21

Support Our Law Enforcem entand Safe Neighborhoods Act

(Senate Bill 1070)Friday, April 23, 2010

Remarks by Gov. Jan Brewer

http://www.securetheborder.org/uploads/SP_042310_SupportOurLawEnforcementAndSafeNeighborhoodsAct.pdf

Thank you for being here today, to join me as we take another step forward in protecting thestate of Arizona.

The bill Im about to sign into law Senate Bill 1070 represents another tool for our state touse as we work to solve a crisis we did not create and the federal government has refused to

fix

The crisis caused by illegal immigration and Arizonas porous border.

This bill, the Support Our Law Enforcement and Safe Neighborhoods Act, strengthens thelaws of our state.

It protects all of us, every Arizona citizen and everyone here in our state lawfully.

And, it does so while ensuring that the constitutional rights of ALL in Arizona remain solid --stable and steadfast.

I will now sign Senate Bill 1070.

For weeks, this legislation has been the subject of vigorous debate and intense criticism. Mydecision to sign it was by no means made lightly.

I have listened patiently to both sides. I have considered the significance of this new law longinto the night. I have prayed for strength and prayed for our state.

Ive decided to sign Senate Bill 1070 into law because, though many people disagree, I firmlybelieve it represents whats best for Arizona. Border-related violence and crime due to illegalimmigration are critically important issues to the people of our state, to my Administration

and to me, as your Governor and as a citizen.

There is no higher priority than protecting the citizens of Arizona. We cannot sacrifice oursafety to the murderous greed of drug cartels. We cannot stand idly by as drop houses,kidnappings and violence compromise our quality of life.

We cannot delay while the destruction happening south of our international border creeps itsway north.


2/21


Page 2 of 21

We in Arizona have been more than patient waiting for Washington to act.

But decades of federal inaction and misguided policy have created a dangerous andunacceptable situation.

Yesterday, I announced the steps I was taking to enhance security along our border.

Today with my unwavering signature on this legislation Arizona strengthens its securityWITHIN our borders.

Let me be clear, though: My signature today represents my steadfast support for enforcing thelaw both AGAINST illegal immigration AND against racial profiling.

This legislation mirrors federal laws regarding immigration enforcement.

Despite erroneous and misleading statements suggesting otherwise, the new statemisdemeanor crime of willful failure to complete or carry an alien registration document isadopted, verbatim, from the same offense found in federal statute.

I will NOT tolerate racial discrimination or racial profiling in Arizona.

Because I feel so strongly on this subject, I worked for weeks with legislators to amend SB1070, to strengthen its civil rights protections.

That effort led to new language in the bill, language prohibiting law enforcement officers fromsolely considering race, color, or national origin in implementing the requirements of thissection

The bill already required that it shall be implemented in a manner consistent with federal

laws regulating immigration, protecting the civil rights of all persons and respecting theprivileges and immunities of United States citizens.

While the general protection was already included, I believe the issue is so important, weneeded to make it CRYSTAL clear.

And I believe that we need to more than simply inscribe it in statute.

Words in a law book are of no use if our police officers are not properly trained on theprovisions of SB 1070, including its civil rights provisions.

Today I am issuing an executive order directing the Arizona Peace Officer Standards andTraining Board AZPOST -- to develop training to appropriately implement SB 1070.

Importantly, this training will include what DOES and DOES NOT constitutereasonable suspicion that a person is not legally present in the United States.

Currently, AZPOST serves approximately 170 law enforcement agencies encompassing over16,000 sworn peace officers, 9,000 correctional service officers, and 16 training academies.


3/21


Page 3 of 21

The AZPOST Board of Directors includes the Arizona Attorney General, the Directors of theArizona Department of Public Safety, the Arizona Department of Corrections, several countysheriffs, and local police departments.

I am also asking the Board to make recommendations on possible improvements to SB 1070before the end of the year.

For 28 years in public service, I have worked without fail to solve problems diligently andpractically. I have done so always with an eye toward civility, and always with the greatestrespect for the rule of law.

This new law is no different: As committed as I am to protecting our state from crimeassociated with illegal immigration I am EQUALLY committed to holding law enforcementaccountable should this statute ever be misused to violate an individuals rights.

Respect for the rule of law means respect for every law. I have led that way every day in everyoffice I have ever held. That will not change.

I have also spent my career in service to Arizona working to bring people together, no matterthe color of their skin and no matter the depth of our disagreements.

This bill and this issue will be no exception.

While protecting our citizens is paramount, it cannot come at the expense of the diversity thathas made Arizona so great. Nor can safety mean a compromise of freedom for some, while we,the many, turn a blind eye.

We must acknowledge the truth people across America are watching Arizona, seeing howwe implement this law, ready to jump on even the slightest misstep.

Some of those people from outside our state have an interest in seeing us fail.

They will wait for a single slip-up, one mistake, and then they will work day and night tocreate headlines and get the face time they so desperately covet.

We cannot give them that chance.

We must use this new tool wisely, and fight for our safety with the honor Arizona deserves.

We must react calmly.

We must enforce the law evenly, and without regard to skin color, accent, or social status.

We must prove the alarmists and the cynics wrong.

I know in my heart that this great state, my home for more than 40 years, is up to the task.

I believe every one of us wants to be safe, and none of us wants to compromise on the subjectof civil rights.


4/21


Page 4 of 21

I believe we must love and honor those who fight beside us just as we must love and honorthose who look and believe nothing like we do.

I believe Arizona, like America, is governed by laws.

Good laws well-intentioned laws laws that confer respect and that demand respect inreturn.

In his third State of the Union address, President Theodore Roosevelt said, No man is abovethe law and no man is below it; nor do we ask any man's permission when we require him toobey it. Obedience to the law is demanded as a right; not asked as a favor.

So, let us move forward -- ever mindful of our rights

-- ever faithful to the law and ever conscious of our bond as Arizonans, and the blessing weshare together.

Thank you.

###


5/21


Page 5 of 21

UNOFFICIAL DRAFT FOR REFER ENCE PURPOSES ONLYhttp://www.securetheborder.org/uploads/SB1070AmendedByHB2162.pdf

State of ArizonaSenateForty-ninth Legislature

Second Regular Session2010

SENATE BILL 1070AS AMENDED BY HOUSE BILL 2162

UNOFFICIAL DRAFT - For Reference Purposes Only

Be it enacted by the Legislature of the State of Arizona:

Section 1. Intent

The legislature finds that there is a com pelling interest in the cooper ativeenforcem ent of federal immigration laws throughou t all of Arizona. Thelegislature declares that the intent of this act is to m ake a ttrition throughenforcem ent the public policy of all state and local government agencies inArizona. The pr ovisions of this act are intended to w ork together to d iscourageand deter the un lawful entry and pr esence of aliens and econom ic activity bypersons u nlawfully present in the United States.

Sec. 2. Title 11, chapter 7, Arizona Revised Statutes, is amen ded by addingarticle 8, to r ead:

ARTICLE 8. ENFORCEMENT OF IMMIGRATION LAW S

11-1051. Cooperation and assistance in enforcement of imm igration laws;indemnification

A. NO OFFICIAL OR AGENCY OF THIS S TATE OR A COUNTY, CITY ,TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE MAY LIMIT ORRESTRICT THE ENFORCEMENT OF FEDERAL IMMIGRATION LAW S TO LESSTHAN THE FULL EXTENT PERMITTED BY FEDERAL LAW.

B. FOR ANY LAW FUL STOP, DETENTION OR ARREST MADE BY A LAWENFORCEMENT OFFICIAL OR A LAW ENFORCEMENT AGENCY OF THISSTATE OR A LAW ENFORCEM ENT OFFICIAL OR A LAW ENFORCEMENTAGENCY OF A COUNTY, CITY, TOW N OR OTHER POLITICAL SUBDIVISION OFTHIS STATE IN THE ENFORCEMENT OF ANY OTHER LAW OR ORDINANCE OF

A COUNTY, CITY OR TOWN OR THIS STATE W HERE REASONABLESUSPICION EXISTS THAT THE PERSON IS AN ALIEN AND IS UNLAW FULLYPRESENT IN THE UNITED STATES, A REASONABL E ATTEMPT SHALL BEMADE, W HEN PRACTICABL E, TO DETERMINE THE IMMIGRATION STATUSOF THE PERSON, EXCEPT IF THE DETERMINATION MAY HINDER OROBSTRUCT AN INVESTIGATION. ANY PERSON W HO IS ARRESTED SHALLHAVE THE PERS ON'S IMMIGRATION STATUS DETERMINED BEFORE THEPERSON IS RELEASED. THE PERSON'S IMMIGRATION STATUS SHAL L BEVERIFIED WITH THE FEDER AL GOVERNMENT PURS UANT TO 8 UNITED


6/21


Page 6 of 21

STATES CODE SECTION 1373(c). A LAW ENFORCEMENT OFFICIAL ORAGENCY OF THIS STATE OR A COUNTY , CITY, TOWN OR OTHER POL ITICALSUBDIVISION OF THIS STATE MAY NOT CONSIDER RACE, COLOR ORNATIONAL ORIGIN IN IMPLEMENTING THE REQUIREMENTS OF TH ISSUBSECTION EXCEPT TO THE EXTENT PERMITTED BY THE UNITED STATESOR ARIZONA CONSTITUTION. A PERSON IS PRESUM ED TO NOT BE AN ALIEN

W HO IS UNLAWFULLY PRESENT IN THE UNITED STATES IF THE PERSONPROVIDES TO THE LAW ENFORCEM ENT OFFICER OR AGENCY ANY OF THEFOLLOWING:

1. A VALID ARIZONA DRIVER LICENSE.2. A VAL ID ARIZONA NONOPERATING IDENTIFICATION LICENSE.3. A VALID TRIBAL ENROLLMENT CARD OR OTHER FORM OF TRIBAL

IDENTIFICATION.4. IF THE ENTITY REQUIRES PROOF OF LEGAL PRESENCE IN THE

UNITED STATES BEFORE ISSUANCE, ANY VALID UNITED STATES FEDERAL,STATE OR LOCAL G OVERNMENT ISSUED IDENTIFICATION.

C. IF AN ALIEN W HO IS UNLAW FULLY PR ESENT IN THE UNITEDSTATES IS CONVICTED OF A VIOLATION OF STATE OR LOCAL LAW , ONDISCHARGE FROM IMP RISONMENT OR ON THE ASSESS MENT OF ANYMONETARY OB LIGATION THAT IS IMPOSED, THE UNITED STATESIMMIGRATION AND CUSTOMS ENFORCEMENT OR THE UNITED STATESCUSTOMS AND BORDER P ROTECTION SHALL BE IMMEDIATELY NOTIFIED.

D. NOTWITHSTANDING ANY OTHER LAW , A LAW ENFORCEMENTAGENCY MAY SECURELY TRANSPORT AN ALIEN WHO THE AGENCY HASRECEIVED VERIFICATION IS UNLAWFULLY PRESENT IN THE UNITEDSTATES AND W HO IS IN THE AGENCY'S CUSTODY TO A FEDERAL FACILITYIN THIS STATE OR TO ANY OTHER POINT OF TRANSFER INTO FEDERALCUSTODY TH AT IS OUTSIDE THE JURISDICTION OF THE LAWENFORCEMENT AGENCY. A LAW ENFORCEMENT AGENCY SHALL OB TAIN

JUDICIAL AUTHORIZATION BEFORE SECURELY TRANSP ORTING AN ALIENW HO IS UNLAW FULLY PR ESENT IN THE UNITED STATES TO A POINT OFTRANSFER THAT IS OUTSIDE OF THIS STATE.

E. IN THE IMPLEMENTATION OF THIS S ECTION, AN ALIEN'SIMMIGRATION STATUS MAY BE DETERMINED BY:

1. A LAW ENFORCEMENT OFFICER W HO IS AUTHORIZED BY THEFEDERAL GOVERNM ENT TO VERIFY OR ASCERTAIN AN ALIEN'SIMMIGRATION STATUS.

2. THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENTOR THE UNITED STATES CUSTOMS AND B ORDER PROTECTION PURSUANTTO 8 UNITED STATES CODE SECTION 1373(c).

F. EXCEPT AS PROVIDED IN FEDERAL LAW , OFFICIALS OR AGENCIESOF THIS STATE AND COUNTIES, CITIES, TOWNS A ND OTHER POLITICALSUBDIVISIONS OF THIS STATE MAY NOT BE PROHIBITED OR IN ANY W AYBE RES TRICTED FROM SENDING, RECEIVING OR MAINTAININGINFORMATION RELATING TO THE IMMIGRATION STATUS, LAW FUL ORUNLAW FUL, OF ANY INDIVIDUAL OR EXCHANGING THAT INFORMATIONW ITH ANY OTHER FEDERAL , STATE OR LOCAL GOVERNMENTAL ENTITYFOR THE FOLLOWING OFFICIAL PURPOSES:


7/21


Page 7 of 21

1. DETERMINING ELIGIBILITY FOR ANY PUBLIC BENEFIT, SERVICE ORLICENSE PROVIDED BY ANY FEDERAL, STATE, LOCAL OR OTHER POLITICALSUBDIVISION OF THIS STATE.

2. VERIFYING ANY CLAIM OF RESIDENCE OR DOMICILE IFDETERMINATION OF RESIDENCE OR DOMICILE IS REQUIRED UNDER THELAW S OF THIS STATE OR A JUDICIAL ORDER ISSUED PUR SUANT TO A CIVIL

OR CRIMINAL PR OCEEDING IN THIS STATE.3. IF THE PERSON IS AN ALIEN, DETERMINING WH ETHER THEPERSON IS IN COMPLIANCE W ITH THE FEDERAL REGISTRATION LAW SPRESCRIB ED BY TITLE II, CHAPTER 7 OF THE FEDERAL IMMIGRATION ANDNATIONALITY ACT.

4. PURSUANT TO 8 UNITED STATES CODE SECTION 1373 AND 8 UNITEDSTATES CODE SECTION 1644.

G THIS SECTION DOES NOT IMPLEMENT, AUTHORIZE OR ESTABLISHAND SHA LL NOT BE CONSTRUED TO IMP LEMENT, AUTHORIZE ORESTABLISH THE REAL ID A CT OF 2005 (P.L. 109-13, DIVISION B; 119 STAT.302), INCLUDING THE USE OF A RADIO FREQUENCY IDENTIFICATION CHIP.

H. A PERSON W HO IS A LEGAL RESIDENT OF THIS STATE MAY BRINGAN ACTION IN SUPERIOR COURT TO CHALLENGE ANY OFFICIAL OR AGENCYOF THIS STATE OR A COUNTY, CITY, TOW N OR OTHER POLITICALSUBDIVISION OF THIS STATE THAT ADOPTS OR IMPLEM ENTS A POLICYTHAT LIMITS OR RESTRICTS THE ENFORCEMENT OF FEDERALIMMIGRATION LAW S, INCLUDING 8 UNITED STATES CODE SECTIONS 1373AND 1644, TO LESS THAN THE FULL EXTENT PERMITTED BY FEDERAL LA W .IF THERE IS A JUDICIAL FINDING THAT AN ENTITY HA S VIOLATED THISSECTION, THE COURT SHALL ORDER TH AT THE ENTITY PAY A CIVILPENALTYOF NOT LESS THAN FIVE HUNDRED DOLLAR S AND NOT MORE THAN FIVETHOUSAND DOLLARS FOR EACH DAY THAT THE POLICY H AS REMAINED IN

EFFECT AFTER THE FILING OF AN ACTION PURSUANT TO THISSUBSECTION.

I. A COURT SHALL COLLECT THE CIVIL PENALTY PR ESCRIBED INSUBSEC TION H OF THIS SECTION AND REMIT THE CIVIL PENALTY TO THESTATE TREASURER FOR D EPOSIT IN THE GANG AND IMMIGRATIONINTELLIGENCE TEAM ENFORCEMENT MISSION FUND ESTABLISH ED BYSECTION 41-1724.

J. THE COURT MAY AWA RD COURT COSTS AND REASONABLEATTORNEY FEES TO ANY P ERSON OR ANY OFFICIAL OR AGENCY OF THISSTATE OR A COUNTY, CITY, TOW N OR OTHER POLITICAL SUBDIVISION OFTHIS STATE THAT PREVA ILS BY AN ADJUDICATION ON THE MERITS IN A

PROCEEDING BROUGH T PURSUANT TO THIS SECTION.K. EXCEPT IN RELATION TO MATTERS IN W HICH THE OFFICER IS

ADJUDGED TO HAVE A CTED IN BAD FAITH, A LAW ENFORCEMENT OFFICERIS INDEMNIFIED BY TH E LAW ENFORCEM ENT OFFICER'S AGENCY AGAINSTREASONAB LE COSTS AND EXPENSES, INCLUDING ATTORNEY FEES,INCURRED BY THE OFFICER IN CONNECTION WITH ANY ACTION, SUIT ORPROCEEDING BROUGHT PURS UANT TO THIS SECTION IN W HICH THEOFFICER MAY B E A DEFENDANT BY R EASON OF THE OFFICER BEING ORHAVING BEEN A MEMBER OF THE LAW ENFORCEMENT AGENCY.


8/21


Page 8 of 21

L. THIS SECTION SHALL BE IMPL EMENTED IN A MANNERCONSISTENT WITH FEDERAL LAW S REGULATING IMMIGRATION,PROTECTING THE CIVIL RIGHTS OF ALL PERSONS AND RES PECTING THEPRIVILEGES AND IMM UNITIES OF UNITED STATES CITIZENS.

Sec. 3. Title 13, chapter 15, Arizona Re vised Statutes, is am ended by adding

section 13-1509, to read :13-1509.Willful failure to complete or carry an alien registrationdocum ent; assessment; exception; authenticated recor ds; classification

A. IN ADDITION TO ANY VIOLATION OF FEDERAL LAW , A PERSON ISGUILTY OF WILLFUL FAILURE TO COMPLETE OR CARRY A N ALIENREGISTRATION DOCUMENT IF THE PER SON IS IN VIOLATION OF 8 UNITEDSTATES CODE SECTION 1304(e) OR 1306(a).

B. IN THE ENFORCEM ENT OF THIS SECTION, AN ALIEN'SIMMIGRATION STATUS MAY BE DETERMINED BY:



C. A LAW ENFORCEMENT OFFICIAL OR AGENCY OF THIS STATE OR ACOUNTY, CITY, TOW N OR OTHER POLITICAL SUBDIVISION OF THIS STATEMAY NOT CONSIDER RACE, COLOR OR NATIONAL ORIGIN IN THEENFORCEMENT OF THIS SECTION EXCEPT TO THE EXTENT PERMITTED B YTHE UNITED STATES OR AR IZONA CONSTITUTION.

D. A PERSON W HO IS SENTENCED PURSUANT TO THIS SECTION ISNOT ELIGIBLE FOR SUSPENSION OF SENTENCE, PROBA TION, PARDON,COMMUTATION OF SENTENCE, OR RELEASE FROM CONFINEMENT ON ANY

BASIS EX CEPT AS AUTHORIZED B Y SECTION 31-233, SUBSECTION A OR BUNTIL THE SENTENCE IMPOSED BY TH E COURT HAS BEEN SERVED OR THEPERSON IS ELIGIBLE FOR RELEASE PUR SUANT TO SECTION 41-1604.07.

E. IN ADDITION TO ANY OTHER PENALTY PR ESCRIBED BY LAW, THECOURT SHALL ORDER THE PERSON TO PAY JAIL COSTS.

F. THIS SECTION DOES NOT APPLY TO A PERSON W HO MAINTAINSAUTHORIZATION FROM THE FEDERA L GOVERNMENT TO REM AIN IN THEUNITED STATES.

G. ANY RECORD THAT RELATES TO THE IMMIGRA TION STATUS OF APERSON IS ADMISSIBL E IN ANY COURT W ITHOUT FURTHER FOUNDATIONOR TESTIMONY FROM A CUSTODIAN OF RECORDS IF THE RECORD IS

CERTIFIED AS AUTHENTIC BY THE GOVERNMENT AGENCY THAT ISRESPONSIBL E FOR MAINTAINING THE RECORD.

H. A VIOLATION OF THIS SECTION IS A CLASS 1 MISD EMEANOR,EXCEPT THAT THE MAX IMUM FINE IS ONE HUNDRED DOLLARS AND FOR AFIRST VIOLATION OF THIS SECTION: THE COURT SHALL NOT SENTENCETHE PERSON TO MORE THAN TWENTY D AYS IN JAIL AND FOR A SECONDOR SUBS EQUENT VIOLATION THE COURT SHAL L NOT SENTENCE THEPERSON TO MORE THAN THIRTY DAY S IN JAIL.


9/21


10/21


Page 10 of 21

THE MOTOR VEHICLE BLOCKS OR IMPEDES THE NORMAL MOVEMENT OFTRAFFIC.

B. IT IS UNLAW FUL FOR A PERSON TO ENTER A MOTOR VEHICLETHAT IS STOPPED ON A STREET, ROADWAY OR H IGHWAY IN ORDER TO BEHIRED BY AN OCCUPANT OF THE MOTOR VEHICLE AND TO BETRANSPORTED TO W ORK A T A DIFFERENT LOCATION IF THE MOTOR

VEHICLE BLOCK S OR IMPEDES THE NORMAL MOVEM ENT OF TRAFFIC.C. IT IS UNLAWFUL FOR A PERSON W HO IS UNLAWFULLY PRESENT INTHE UNITED STATES AND W HO IS AN UNAUTHORIZED ALIEN TOKNOWINGLY APPLY FOR WORK, SOLICIT WORK IN A PUBLIC PLACE ORPERFORM W ORK AS AN EMPLOY EE OR INDEPENDENT CONTRACTOR INTHIS STATE.

D. A LAW ENFORCEMENT OFFICIAL OR AGENCY OF THIS STATE OR ACOUNTY, CITY, TOW N OR OTHER POLITICAL SUBDIVISION OF THIS STATEMAY NOT CONSIDER RACE, COLOR OR NATIONAL ORIGIN IN THEENFORCEMENT OF THIS SECTION EXCEPT TO THE EXTENT PERMITTED B YTHE UNITED STATES OR AR IZONA CONSTITUTION.

E. IN THE ENFORCEMENT OF THIS SECTION, AN ALIEN'SIMMIGRATION STATUS MAY BE DETERMINED BY:



F. A VIOLATION OF THIS SECTION IS A CLASS 1 MISDEMEA NOR.G. FOR THE PURPOSES OF THIS SECTION:1. "SOLICIT" MEANS VERBAL OR NONVERBAL COMMUNICATION BY A

GESTURE OR A NOD THAT WOULD INDICATE TO A REASONABLE PERSON

THAT A PERSON IS W ILLING TO BE EMPLOYED.2. "UNAUTHORIZED ALIEN" MEANS AN ALIEN WHO DOES NOT HAVE

THE LEGAL RIGHT OR AUTHORIZATION UNDER FEDERAL LAW TO W ORKIN THE UNITED STATES AS DESCR IBED IN 8 UNITED STATES CODE SECTION1324a(h)(3).

13-2929. Unlawful transporting, moving, concealing, harboring orshielding of unlaw ful aliens; vehicle impound men t; exception; classification

A. IT IS UNLAW FUL FOR A PERS ON W HO IS IN VIOLATION OF ACRIMINAL OFFENSE TO:

1. TRANSPORT OR MOVE OR ATTEMPT TO TRANSPORT OR MOVE ANALIEN IN THIS STATE, IN FURTHERANCE OF THE ILLEGAL P RESENCE OF

THE ALIEN IN THE UNITED STATES, IN A MEANS OF TRANSP ORTATION IFTHE PERSON KNOWS OR R ECKLESSLY DISREGARDS THE FACT THAT THEALIEN HAS COM E TO, HAS ENTERED OR R EMAINS IN THE UNITED STATESIN VIOLATION OF LAW .

2. CONCEAL, HARBOR OR SHIELD OR ATTEMPT TO CONCEAL, HARBOROR SHIELD AN ALIEN FROM DETECTION IN ANY PLACE IN THIS STATE,INCLUDING ANY BUILDING OR ANY MEA NS OF TRANSPORTATION, IF THEPERSON KNOWS OR RECKLESSLY DISREGARDS THE FACT THAT THE ALIEN


11/21


Page 11 of 21

HAS COME TO, HAS ENTERED OR R EMAINS IN THE UNITED STATES INVIOLATION OF LAW .

3. ENCOURAGE OR INDUCE AN ALIEN TO COME TO OR RES IDE IN THISSTATE IF THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE FACTTHAT SUCH COMING TO, ENTERING OR RESIDING IN THIS STATE IS ORW ILL BE IN VIOLATION OF LAW .

B. A MEANS OF TRANS PORTATION THAT IS USED IN THE COMMISSIONOF A VIOLATION OF THIS SECTION IS SUBJECT TO MANDATORY V EHICLEIMMOBILIZATION OR IMPOUNDM ENT PURSUANT TO S ECTION 28-3511.

C. A LAW ENFORCEMENT OFFICIAL OR AGENCY OF THIS STATE OR ACOUNTY, CITY, TOW N OR OTHER POLITICAL SUBDIVISION OF THIS STATEMAY NOT CONSIDER RACE, COLOR OR NATIONAL ORIGIN IN THEENFORCEMENT OF THIS SECTION EXCEPT TO THE EXTENT PERMITTED B YTHE UNITED STATES OR AR IZONA CONSTITUTION.

D. IN THE ENFORCEMENT OF TH IS SECTION, AN ALIEN'SIMMIGRATION STATUS MAY BE DETERMINED BY:



E. THIS SECTION DOES NOT APPLY TO A CHILD PROTECTIVESERVICES WORK ER ACTING IN THE W ORKER'S OFFICIAL CAPACITY OR APERSON W HO IS ACTING IN THE CAPACITY OF A FIRST RESPONDER, ANAMBUL ANCE ATTENDANT OR AN EMERGENCY M EDICAL TECHNICIAN ANDW HO IS TRANSPORTING OR MOVING AN ALIEN IN THIS STATE PURSUANTTO TITLE 36, CHAPTER 21.1.

F. A PERSON WH O VIOLATES THIS SECTION IS GUILTY OF A CLASS 1

MISDEMEANOR AND IS SUB JECT TO A FINE OF AT LEAST ONE THOUSANDDOLLARS, EXC EPT THAT A VIOLATION OF THIS SECTION THAT INVOLVESTEN OR MORE ILLEGAL ALIENS IS A CLASS 6 FELONY AND THE PERSON ISSUBJECT TO A FINE OF AT LEAST ONE THOUSAND DOLLARS FOR EACHALIEN WH O IS INVOLVED.

Sec. 6. Section 13-3883, Arizona Revised S tatutes, is amen ded to read:13-3883.Arrest by officer without war rant A. A peace officer, without a w arra nt, MAYarre st a person ifTH E

OFFICERhas proba ble cause to believe:1. A felony has been comm itted and pr obable cause to believe the person to

be arr ested has com mitted the felony.2. A misdem eanor ha s been comm itted in THE OFFICER'S presence and

probable cause to believe the person to be ar rested has comm itted the offense.3. The person to be ar rested has been involved in a traffic accident and

violated any criminal section of title 28, and that such violation occurr ed pr iorto or imm ediately following such traffic accident.

4. A misdemeanor or a petty offense has been comm itted and probablecause to believe the person to be ar rested has com mitted the offense. A personarrested u nder this paragraph is eligible for r elease under section 13-3903.


12/21


Page 12 of 21

5. THE PERSON TO BE ARRESTED HAS COMM ITTED ANY PUBLICOFFENSE THAT MAKES THE PERS ON REMOVABLE FROM THE UNITEDSTATES.

B. A peace officer may stop and detain a person as is reasonably necessaryto investigate an a ctual or suspected violation of an y traffic law com mitted in theofficer's presence and m ay serve a copy of the traffic complaint for any alleged

civil or crim inal traffic violation. A peace officer who serves a copy of the trafficcomplaint shall do so within a reasonable time of the alleged criminal or civiltraffic violation.

Sec. 7. Section 23-212, Arizona Revised Statutes, is amend ed to r ead:23-212. Know ingly employing unauthor ized aliens; prohibition; false and

frivolous com plaints; violation; classification; license suspension andrevocation; affirmative defense

A. An em ployer shall not know ingly employ an unau thorized alien. If, inthe case when an em ployer uses a contract, subcontract or other independ entcontractor agreem ent to obtain the labor of an alien in this state, the em ployerknow ingly contracts with an unauthor ized alien or w ith a person w ho emp loysor contracts with an unauthor ized alien to perfor m the labor, the employerviolates this subsection .

B. The attorney genera l shall prescribe a com plaint form for a person toallege a violation o f subsection A o f this section. The com plainant shall not berequired to list the complainant's social security num ber on the complaint formor to have the com plaint form notarized. On receipt of a complaint on aprescribed com plaint form that an employer allegedly knowingly employs anunauthor ized alien, the attorney gene ral or county attorney shall investigatewhether the employer has violated subsection A o f this section. If a complaint isreceived but is not submitted on a prescribed com plaint form , the attorneygeneral or cou nty attorney m ay investigate wh ether the em ployer has violated

subsection A of this section. This subsection shall not be construed to prohibitthe filing of anonymo us com plaints that are not subm itted on a prescribedcomplaint form . The attorney general or county attorney shall not investigatecomplaints that are based solely on race, color or na tional origin. A complaintthat is submitted to a cou nty attorney sh all be submitted to the county attorneyin the county in which the alleged unauthorized alien is or w as employed by theemployer. The county sheriff or any other local law enforceme nt agency mayassist in investigating a complaint. W hen investigating a complaint, the attorneygeneral or cou nty attorney sha ll verify the work authorization of the allegedunauthor ized alien with the federal governmen t pursuant to 8 United StatesCode se ction 1373(c). A state, coun ty or local official shall not attempt to

independently make a final determination on wh ether an alien is authorized towor k in the United States. An alien's imm igration status or wor k author izationstatus shall be verified w ith the federal governm ent pursua nt to 8 United StatesCode section 1373(c). A person who know ingly files a false and frivolouscomplaint under this subsection is guilty of a class 3 misdemeanor .

C. If, after a n investigation, the attorney gener al or county attorneydetermines that the com plaint is not false and frivolous:

1. The attorney general o r cou nty attorney shall notify the United Statesimm igration and customs enforcem ent of the unauthor ized alien.


13/21


Page 13 of 21

2. The attorney genera l or co unty attorney shall notify the local lawenforcem ent agency of the unau thorized alien.

3. The attorney gener al shall notify the appr opriate coun ty attorney tobring an action pur suant to subsection D of this section if the com plaint wasoriginally filed with the attorney genera l.

D. An action for a violation of subsection A o f this section shall be brou ght

against the em ployer by the county attorney in the coun ty where theunauthor ized alien employee is or was emp loyed by the em ployer. The countyattorney shall not bring an action against any employer for any violation ofsubsection A of this section that occurs befor e Janua ry 1, 2008. A secondviolation of this section shall be based only on an unau thorized alien wh o is orwas em ployed by the employer after an a ction has bee n brou ght for a violation ofsubse ction A of this section or section 23-212.01, subse ction A.

E. For any action in superior cou rt under this section, the cour t shallexpedite the action, including assigning the hearing at the ear liest practicabledate.

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 subsection, the

court:(a) Shall order the employer to term inate the employment of all

unauthor ized aliens.(b) Shall order the employer to be subject to a three year pro bationary

period for the business location wher e the unau thorized alien perform ed work .During the probationary per iod the employer shall file quarterly reports in theform provided in section 23-722.01 with the county attorney of each ne wemployee w ho is hired by the employer at the business location where theunauthorized alien performed w ork.

(c) Shall order the em ployer to file a signed swor n affidavit with thecounty attorney w ithin three b usiness days after the order is issued. The

affidavit shall state that the employer ha s terminated the em ployment of allunauthor ized aliens in this state and that the em ployer will not intentionally orknow ingly employ an u nauthorized alien in this state. The court shall order theappropr iate agencies to suspend all licenses subject to this subdivision that ar eheld by the em ployer if the emp loyer fails to file a signed swor n affidavit withthe county attorney w ithin three business days after the or der is issued. Alllicenses that are suspen ded unde r this subdivision shall rema in suspended u ntilthe employer files a signed sw orn affidavit with the county attorney.Notwithstanding any o ther law, o n filing of the affidavit the suspen ded licensesshall be reinstated imm ediately by the appropriate agencies. For the purpo ses ofthis subdivision, the licenses that are subject to suspension un der this

subdivision are all licenses that are held by the em ployer specific to the businesslocation wher e the unauthorized alien perform ed wor k. If the employer does nothold a license specific to the business location wh ere the u nauthorized a lienperform ed wor k, but a license is necessary to opera te the em ployer's business ingeneral, the licenses that are su bject to suspension under this subdivision ar e alllicenses that are he ld by the employer at the employer's prima ry place ofbusiness. On receipt of the cour t's order and notwithstanding any other law, theappropr iate agencies shall suspend the licenses according to the cour t's order .The court shall send a copy of the court's order to the attorney gener al and the


14/21


Page 14 of 21

attorney general shall maintain the copy pur suant to subsection G of thissection.

(d) May order the appropriate agencies to suspend all licenses describedin subdivision (c) of this paragraph that are he ld by the employer for n ot toexceed ten business da ys. The court shall base its decision to suspend under thissubdivision on any evidence or information subm itted to it during the action for

a violation of this subsection and shall consider the following factors, if relevant:(i) The number of unau thorized aliens employed by the employer.(ii) Any prior miscondu ct by the em ployer.(iii) The degree o f harm resulting from the violation.(iv) Whether the em ployer made good faith efforts to comply with any

applicable requirem ents.(v) The dur ation of the violation.(vi) The role of the dir ectors, officers or principals of the employer in the

violation.(vii) Any other factors the cour t deems appr opriate.2. For a second violation, as described in pa ragraph 3 of this subsection,

the court shall order the appr opriate agencies to perman ently revoke all licensesthat are held by the em ployer specific to the business location wh ere theunauthor ized alien performe d wor k. If the employer does not hold a licensespecific to the business location wh ere the unau thorized alien perform ed wor k,but a license is necessary to oper ate the employer's business in gener al, thecourt shall order the ap propriate agencies to perm anently revoke all licensesthat are held by the employer a t the em ployer's primary place of business. Onreceipt of the order an d notwithstanding any other law, the appropr iateagencies shall immediately revoke the licenses.

3. The violation shall be consider ed:(a) A first violation by an em ployer at a bu siness location if the violation

did not occur during a probationary period ordere d by the court under this

subsection or section 23-212.01, subsection F for that employer's bu sinesslocation.

(b) A second violation by an e mployer at a business location if the violationoccurred du ring a probationary period order ed by the court under thissubsection or section 23-212.01, subsection F for that employer's bu sinesslocation.

G. The attorney gener al shall maintain copies of court or ders that arereceived pur suant to subsection F of this section and shall maintain a databaseof the em ployers and bu siness locations that have a first violation of su bsectionA of this section an d m ake the cou rt orde rs available on the attorney genera l'swebsite.

H. On determining whether an em ployee is an unauthorized alien, thecourt shall consider only the federal governm ent's determ ination pursuant to 8United States Code section 1373(c). The federal governm ent's determinationcreates a rebuttable presum ption of the employee's lawful status. The court m aytake judicial notice of the federal government's determination and may r equestthe federal governm ent to provide automa ted or testimonial verificationpursua nt to 8 United States Code section 1373(c).


15/21


Page 15 of 21

I. For the purposes of this section, proo f of verifying the em ploymentauthorization of an em ployee through the e-verify program creates a rebu ttablepresum ption that an employer did not knowingly employ an unauthorized alien.

J. For the pur poses of this section, an employer that establishes that it hascomplied in good faith w ith the requirem ents of 8 United States Code section1324a(b) establishes an affirmative defense that the em ployer did not kno wingly

employ an una uthorized alien. An employer is considered to have complied withthe requ ireme nts of 8 United States Code section 1324a(b), notwithstanding anisolated, sporadic or accidental technical or pro cedural failure to m eet therequirem ents, if there is a good faith attempt to comply with the requ iremen ts.

K. IT IS AN AFFIRMA TIVE DEFENSE TO A VIOLATION OF SUBSECTIONA OF THIS SECTION THAT THE EMPLOY ER W AS ENTRAPPED. TO CLAIMENTRAPMENT, THE EMPLOYER MUST ADMIT BY THE EMPLOYER'STESTIMONY OR OTHER EVIDENCE THE SUB STANTIAL ELEMENTS OF THEVIOLATION. AN EMPLOY ER W HO ASSERTS AN ENTRAPM ENT DEFENSE HASTHE BURDEN OF PROVING THE FOLLOW ING BY A PREPONDERANCE OFTHE EVIDENCE:

1. THE IDEA OF COMMITTING THE VIOLATION STARTED W ITH LAWENFORCEMENT OFFICERS OR THEIR AGENTS RATHER THA N WITH THEEMPLOYER.

2. THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED ANDINDUCED THE EMPLOYER TO COMMIT THE VIOLATION.

3. THE EMPLOYER W AS NOT PREDISPOSED TO COMMIT THEVIOLATION BEFORE THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTSURGED AND INDUCED THE EMPLOY ER TO COMMIT THE VIOLATION.

L. AN EMPLOYER DOES NOT ESTABLISH ENTRA PMENT IF THEEMPLOY ER WA S PREDISPOSED TO VIOLATE SUBSECTION A OF THISSECTION AND THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTSMERELY PROVIDED THE EMPLOYER W ITH AN OPPORTUNITY TO COMMIT

THE VIOLATION. IT IS NOT ENTRAPMENT FOR LA W ENFORCEMENTOFFICERS OR THEIR AGENTS MERELY TO USE A RUSE OR TO CONCEALTHEIR IDENTITY. THE CONDUCT OF LAW ENFORCEMENT OFFICERS ANDTHEIR AGENTS MAY BE CONSIDERED IN DETERMINING IF AN EMPLOY ERHAS PROVEN ENTRAPMENT.

Sec. 8. Section 23-212.01, Arizona Revised Statutes, is amen ded to read:23-212.01. Intentionally employing u nauthor ized aliens; proh ibition; false

and frivolous com plaints; violation; classification; license suspension andrevocation; affirmative defense

A. An em ployer shall not intentionally employ a n un authorized alien. If, in

the case when an em ployer uses a contract, subcontract or other independ entcontractor agreem ent to obtain the labor of an alien in this state, the em ployerintentionally contracts with an unauthor ized alien or with a person wh oemploys or contracts with an unauthor ized alien to perfor m the labor, theemployer violates this subsection.

B. The attorney genera l shall prescribe a com plaint form for a person toallege a violation o f subsection A o f this section. The com plainant shall not berequired to list the complainant's social security num ber on the complaint formor to have the com plaint form notarized. On receipt of a complaint on a


16/21


Page 16 of 21

prescribed com plaint form that an em ployer allegedly intentionally employs anunauthor ized alien, the attorney gene ral or county attorney shall investigatewhether the employer has violated subsection A o f this section. If a complaint isreceived but is not submitted on a prescribed com plaint form , the attorneygeneral or cou nty attorney m ay investigate wh ether the em ployer has violatedsubsection A of this section. This subsection shall not be construed to prohibit

the filing of anonymo us com plaints that are not subm itted on a prescribedcomplaint form . The attorney general or county attorney shall not investigatecomplaints that are based solely on race, color or na tional origin. A complaintthat is submitted to a cou nty attorney sh all be submitted to the county attorneyin the county in which the alleged unauthorized alien is or w as employed by theemployer. The county sheriff or any other local law enforceme nt agency mayassist in investigating a complaint. W hen investigating a complaint, the attorneygeneral or cou nty attorney sha ll verify the work authorization of the allegedunauthor ized alien with the federal governmen t pursuant to 8 United StatesCode se ction 1373(c). A state, coun ty or local official shall not attempt toindependently make a final determination on wh ether an alien is authorized towor k in the United States. An alien's imm igration status or wor k author izationstatus shall be verified w ith the federal governm ent pursua nt to 8 United StatesCode section 1373(c). A person who know ingly files a false and frivolouscomplaint under this subsection is guilty of a class 3 misdemeanor .

C. If, after a n investigation, the attorney gener al or county attorneydetermines that the com plaint is not false and frivolous:

1. The attorney general o r cou nty attorney shall notify the United Statesimm igration and customs enforcem ent of the unauthor ized alien.

2. The attorney genera l or co unty attorney shall notify the local lawenforcem ent agency of the unau thorized alien.

3. The attorney gener al shall notify the appr opriate coun ty attorney tobring an action pur suant to subsection D of this section if the com plaint was

originally filed with the attorney genera l.D. An action for a violation of subsection A o f this section shall be brou ght

against the em ployer by the county attorney in the coun ty where theunauthor ized alien employee is or was emp loyed by the em ployer. The countyattorney shall not bring an action against any employer for any violation ofsubsection A of this section that occurs befor e Janua ry 1, 2008. A secondviolation of this section shall be based only on an unau thorized alien wh o is orwas em ployed by the employer after an a ction has bee n brou ght for a violation ofsubse ction A of this section or se ction 23-212, subsection A.

E. For any action in superior cou rt under this section, the cour t shallexpedite the action, including assigning the hearing at the ear liest practicable

date.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 subsection, the

court shall:(a) Order the employer to term inate the emp loyment of all unauthor ized

aliens.(b) Order the em ployer to be subject to a five year pro bationary period for

the business location where the unau thorized alien performed w ork. During theprobationary per iod the employer shall file quarterly reports in the form


17/21


Page 17 of 21

provided in section 23-722.01 with the county attorney of each ne w em ployeewho is hired by the employer at the business location wher e the unau thorizedalien performed w ork.

(c) Order the a ppropriate agencies to suspend all licenses described insubdivision (d) of this paragraph that are held by the employer for a m inimumof ten days. The cour t shall base its decision on the length of the suspen sion

under this subdivision on any evidence or information subm itted to it during theaction for a violation of this subsection an d shall consider the following factors,if relevant:

(i) The number of unau thorized aliens employed by the employer.(ii) Any prior miscondu ct by the em ployer.(iii) The degree o f harm resulting from the violation.(iv) Whether the em ployer made good faith efforts to comply with any

applicable requirem ents.(v) The dur ation of the violation.(vi) The role of the dir ectors, officers or principals of the employer in the

violation.(vii) Any other factors the cour t deems appr opriate.(d) Order the em ployer to file a signed swor n affidavit with the county

attorney. The affidavit shall state that the em ployer has terminated theemploym ent of all unauthorized aliens in this state and that the employer w illnot intentionally or kno wingly employ an u nauthorized a lien in this state. Thecourt shall order the appropr iate agencies to suspend all licenses subject to thissubdivision that are held by the em ployer if the employer fails to file a signedswor n affidavit with the coun ty attorne y within three business da ys after theorder is issued. All licenses that are suspended under this subdivision for failingto file a signed sw orn a ffidavit shall remain suspe nded u ntil the em ployer files asigned sworn affidavit with the county attorney. For the pu rposes of thissubdivision, the licenses that are subject to suspension u nder this subdivision

are all licenses that are held by the em ployer specific to the business locationwher e the unauthorized alien perform ed wor k. If the employer does not hold alicense specific to the business location where the unauthor ized alien perform edwor k, but a license is necessary to opera te the employer's business in general,the licenses that are subject to suspension under this subdivision ar e all licensesthat are held by the employer a t the em ployer's primary place of business. Onreceipt of the court's order an d notwithstanding any other law, the appropriateagencies shall suspend the licenses according to the court's order. The cour tshall send a copy of the court's order to the attorney genera l and the attorne ygeneral shall maintain the copy pur suant to subsection G of this section.

2. For a second violation, as described in pa ragraph 3 of this subsection,

the court shall order the appr opriate agencies to perman ently revoke all licensesthat are held by the em ployer specific to the business location wh ere theunauthor ized alien performe d wor k. If the employer does not hold a licensespecific to the business location wh ere the unau thorized alien perform ed wor k,but a license is necessary to oper ate the employer's business in gener al, thecourt shall order the ap propriate agencies to perm anently revoke all licensesthat are held by the employer a t the em ployer's primary place of business. Onreceipt of the order an d notwithstanding any other law, the appropr iateagencies shall immediately revoke the licenses.


18/21


Page 18 of 21

3. The violation shall be consider ed:(a) A first violation by an em ployer at a bu siness location if the violation

did not occur during a probationary period ordere d by the court under thissubsection or section 23-212, subsection F for that employer's bu siness location.

(b) A second violation by an e mployer at a business location if the violationoccurred du ring a probationary period order ed by the court under this

subsection or section 23-212, subsection F for that employer's bu siness location.G. The attorney gener al shall maintain copies of court or ders that arereceived pur suant to subsection F of this section and shall maintain a databaseof the em ployers and bu siness locations that have a first violation of su bsectionA of this section an d m ake the cou rt orde rs available on the attorney genera l'swebsite.

H. On determining whether an em ployee is an unauthorized alien, thecourt shall consider only the federal governm ent's determ ination pursuant to 8United States Code section 1373(c). The federal governm ent's determinationcreates a rebuttable presum ption of the employee's lawful status. The court m aytake judicial notice of the federal government's determination and may r equestthe federal governm ent to provide automa ted or testimonial verificationpursua nt to 8 United States Code section 1373(c).

I. For the purposes of this section, proo f of verifying the em ploymentauthorization of an em ployee through the e-verify program creates a rebu ttablepresum ption that an employer did no t intentionally employ an unau thorizedalien.

J. For the pur poses of this section, an employer that establishes that it hascomplied in good faith w ith the requirem ents of 8 United States Code section1324a(b) establishes an affirmative defense that the em ployer did notintentionally employ an una uthorized alien. An employer is considered to havecomplied w ith the requirem ents of 8 United States Code section 1324a(b),notwithstanding an isolated, sporadic or accidental technical or pro cedural

failure to mee t the requirem ents, if there is a good faith attempt to comply withthe requirements.

K. IT IS AN AFFIRMA TIVE DEFENSE TO A VIOLATION OF SUBSECTIONA OF THIS SECTION THAT THE EMPLOY ER W AS ENTRAPPED. TO CLAIMENTRAPMENT, THE EMPLOYER MUST ADMIT BY THE EMPLOYER'STESTIMONY OR OTHER EVIDENCE THE SUB STANTIAL ELEMENTS OF THEVIOLATION. AN EMPLOY ER W HO ASSERTS AN ENTRAPM ENT DEFENSE HASTHE BURDEN OF PROVING THE FOLLOW ING BY A PREPONDERANCE OFTHE EVIDENCE:

1. THE IDEA OF COMMITTING THE VIOLATION STARTED W ITH LAWENFORCEMENT OFFICERS OR THEIR AGENTS RATHER THA N WITH THE

EMPLOYER.2. THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND

INDUCED THE EMPLOYER TO COMMIT THE VIOLATION.3. THE EMPLOYER W AS NOT PREDISPOSED TO COMMIT THE

VIOLATION BEFORE THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTSURGED AND INDUCED THE EMPLOY ER TO COMMIT THE VIOLATION.

L. AN EMPLOYER DOES NOT ESTABLISH ENTRA PMENT IF THEEMPLOY ER WA S PREDISPOSED TO VIOLATE SUBSECTION A OF THISSECTION AND THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTS


19/21


Page 19 of 21

MERELY PROVIDED THE EMPLOYER W ITH AN OPPORTUNITY TO COMMITTHE VIOLATION. IT IS NOT ENTRAPMENT FOR LA W ENFORCEMENTOFFICERS OR THEIR AGENTS MERELY TO USE A RUSE OR TO CONCEALTHEIR IDENTITY. THE CONDUCT OF LAW ENFORCEMENT OFFICERS ANDTHEIR AGENTS MAY BE CONSIDERED IN DETERMINING IF AN EMPLOY ERHAS PROVEN ENTRAPMENT.

Sec. 9. Section 23-214, Arizona Revised Statutes, is amende d to r ead:23-214.Verification of e mploymen t eligibility; e-verify pro gram; econom ic

development incentives; list of registered em ployersA. After December 31, 2007, every em ployer, after hiring an em ployee,

shall verify the employme nt eligibility of the em ployee through the e-verifyprogramAND SHALL K EEP A RECORD OF THE VERIFICATION FOR THEDURATION OF THE EMPLOYEE'S EMPLOYM ENT OR AT LEAST THREEYEAR S, WHICHEV ER IS LONGER.

B. In addition to any other requ iremen t for an employer to receive aneconom ic development incentive from a gover nme nt entity, the em ployer shallregister with and par ticipate in the e-verify program . Before receiving theeconom ic development incentive, the employer sha ll provide proof to thegovernm ent entity that the em ployer is registered w ith and is par ticipating inthe e-verify program . If the government entity determines that the emp loyer isnot com plying w ith this subsection, the governm ent entity shall notify theemployer by cer tified mail of the governm ent entity's determ ination ofnoncom pliance and the employer's right to appeal the determination. On a finaldetermination of noncom pliance, the em ployer shall repay all monies receivedas an econ omic developm ent incentive to the govern ment entity within thirtydays of the final determination. For the pu rposes of this subsection:

1. "Economic developmen t incentive" mean s any grant, loan orperform ance-based incentive from a ny governm ent entity that is awar ded after

September 30, 2008. Economic developm ent incentive does not include any taxprovision under title 42 or 43.

2. "Governm ent entity" m eans this state and any political subdivision ofthis state that receives and uses tax r evenues.

C. Every three mon ths the attorney gener al shall request from the UnitedStates department of hom eland security a list of employers fro m this state thatare r egistered w ith the e-verify program . On receipt of the list of employers, theattorney general shall make the list available on the attorney general's website.

Sec. 10. Section 28-3511, Arizona R evised Statutes, is am ended to read:28-3511. Remo val and immobilization or impo undm ent of vehicle

A. A peace officer shall cause the removal and either imm obilization orimpoun dmen t of a vehicle if the peace officer determines that a person is drivingthe vehicle while any of the following applies:

1. The person's driving privilege is suspended or re voked for any re ason.2. The person has no t ever been issued a valid driver license or pe rmit by

this state and the person does not prod uce evidence of ever h aving a valid driverlicense or perm it issued by another jurisdiction. This paragraph does no t applyto the operation of an implement of husbandr y.


20/21


Page 20 of 21

3. The person is subject to an ignition interlock device requir emen tpursua nt to chapter 4 of this title and the per son is opera ting a vehicle without afunctioning certified ignition interlock device. This par agraph do es not app ly toa person operating an em ployer's vehicle or the ope ration of a vehicle due to asubstantial emergency as defined in section 28-1464.

4. IN FURTHERANCE OF THE ILLEGAL PRESENCE OF AN ALIEN IN THE

UNITED STATES AND IN VIOLATION OF A CRIMINAL OFFENSE, THE PERSONIS TRANSPORTING OR MOVING OR ATTEMPTING TO TRANSPORT OR MOVEAN ALIEN IN THIS STATE IN A VEHICLE IF THE PERS ON KNOW S ORRECKLESSLY DISREGARDS THE FACT THAT THE ALIEN HAS COME TO, HASENTERED OR REMA INS IN THE UNITED STATES IN VIOLATION OF LAW.

5. THE PERSON IS CONCEALING, HARBORING OR SH IELDING ORATTEMPTING TO CONCEAL, HARBOR OR S HIELD FROM DETECTION ANALIEN IN THIS STATE IN A VEHICLE IF THE PERSON K NOW S ORRECKLESSLY DISREGARDS THE FACT THAT THE ALIEN HAS COME TO,ENTERED OR REMA INS IN THE UNITED STATES IN VIOLATION OF LAW.

B. A peace officer shall cause the rem oval and impoun dmen t of a vehicle ifthe peace officer determ ines that a person is driving the vehicle and if all of thefollowing apply:

1. The person's driving privilege is canceled, suspended or re voked for anyreason o r the person has no t ever been issued a driver license or perm it by thisstate and the person do es not produce evidence of ever having a driver license orperm it issued by another jur isdiction.

2. The person is n ot in compliance w ith the financial responsibilityrequire ments o f chapter 9, ar ticle 4 o f this title.

3. The person is driving a vehicle that is involved in an a ccident thatresults in either pro perty damage or injury to or death of another person.

C. Except as provided in subsection D of this section, while a peace o fficerhas control of the vehicle the peace officer shall cause the rem oval and either

imm obilization or im poundm ent of the vehicle if the peace officer has probablecause to arr est the driver of the vehicle for a violation of section 4-244,paragraph 34 or section 28-1382 or 28-1383.

D. A peace officer shall not cause the rem oval and either theimm obilization or impo undm ent of a vehicle pursuant to subsection C of thissection if all of the following apply:

1. The peace officer determ ines that the vehicle is curr ently registered andthat the driver o r the vehicle is in compliance w ith the financial responsibilityrequire ments o f chapter 9, ar ticle 4 o f this title.

2. The spouse of the driver is w ith the driver at the time of the arr est.3. The peace officer has reasona ble grounds to believe that the spouse of

the driver:(a) Has a valid driver license.(b) Is not impaired by intoxicating liquor, any dru g, a vapor r eleasing

substance containing a toxic substance or any com bination of liquor, dr ugs orvapor releasing substances.

(c) Does not have any spirituous liquor in the spou se's body if the spouse isunder twenty-one years o f age.

4. The spouse n otifies the peace officer that the spouse w ill drive thevehicle from the place of arr est to the driver's hom e or o ther place of safety.


21/21


5. The spouse drives the vehicle as prescribed by paragrap h 4 of thissubsection.

E. Except as otherwise pro vided in this article, a vehicle that is removedand either imm obilized or impound ed pursu ant to subsection A, B or C of thissection shall be imm obilized or impou nded for thirty days. An insurancecompan y does not have a du ty to pay any benefits for charges or fees for

immobilization or impoundment.F. The owner of a vehicle that is removed a nd either imm obilized orimpoun ded pur suant to subsection A, B or C of this section, the spouse of theown er and each per son identified on the departm ent's record with an interest inthe vehicle shall be provided with an o pportunity for an imm obilization orpoststorage hearing pursua nt to section 28-3514.

Sec. 11. Title 41, chapter 12, article 2, Arizona Re vised Statutes, is amen dedby add ing section 41-1724, to re ad:

41-1724. Gang and imm igration intelligence team enfor cement m issionfund

THE GANG AND IMM IGRATION INTELLIGENCE TEAM ENFORCEMENTMISSION FUND IS ESTABLISH ED CONSISTING OF MONIES DEPOSITEDPURSUANT TO SECTION 11-1051 AND MONIES APPROPRIATED B Y THELEGISLATURE. THE DEPARTMENT SHA LL ADMINISTER THE FUND. MONIESIN THE FUND ARE SUBJECT TO LEGISLATIVE APPROP RIATION AND SHALLBE USED FOR GANG AND IMMIGRATION ENFORCEMENT AND FOR COUNTYJAIL REIMBURS EMENT COSTS RELATING TO ILLEGAL IMMIGRATION.

Sec. 12. Severability, implemen tation and constructionA. If a provision of this act or its application to any per son or circumstance

is held invalid, the invalidity does not affect other provisions or applications ofthe act that can be given effect without the invalid provision or application, and

to this end the provisions of this act are sever able.B. The terms o f this act regarding imm igration shall be construed to have

the meanings given to them u nder feder al immigration law.C. This act shall be implemented in a m anner consistent with federal laws

regulating immigration, protecting the civil rights of all persons an d re spectingthe privileges and imm unities of United States citizens.

D. Nothing in this act shall implem ent or shall be construe d or interpretedto implem ent or e stablish the REAL ID act of 2005 (P.L. 109-13, division B; 119Stat. 302) including the use of a radio fre quency identification chip.

Sec. 13. Sho rt title

This act may be cited as the "Support Our Law Enfor cemen t and SafeNeighborhoods Act".

###

Documents

Arizona - SB 1070 - Support Our Law Enforcement