Be it enacted by the Legislature of the State of Arizona:
Section 1. Intent
The legislature finds that there is a compelling
interest in
the cooperative enforcement of federal immigration laws throughout all
of Arizona. The legislature declares that the intent of this act is to
make attrition through
enforcement the public policy of all state and local government
agencies in Arizona. The provisions of this act are intended to work
together to discourage and deter
the unlawful entry and presence of aliens and economic activity by
persons
unlawfully present in the United States.
Sec. 2. Title 11, chapter 7, Arizona Revised
Statutes, is amended by adding article 8, to read:
ARTICLE
8. ENFORCEMENT OF IMMIGRATION LAWS
START_STATUTE11-1051. Cooperation and assistance in
enforcement of immigration laws; indemnification
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 restricts the
enforcement of federal immigration laws to less than the full extent permitted
by federal law.
B. For any
legitimate contact made by a law enforcement official or agency of this state
or a county, city, town or other political subdivision of this state where
reasonable suspicion exists that the person is an alien who is unlawfully
present in the United States, a reasonable attempt shall be made to determine
the immigration status of the person. The person's immigration
status shall be verified with the federal government pursuant to 8 United
States code section 1373(c).
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 imprisonment or assessment
of any fine that is imposed, the alien shall be transferred immediately to the
custody of the United States immigration and customs enforcement or the United
States customs and border protection.
D. Notwithstanding
any other law, a law enforcement agency may securely transport an alien who is
unlawfully present in the united states and who is in the agency's custody to a
federal facility in this state or to any other point of transfer into federal
custody that is outside the jurisdiction of the law enforcement agency.
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 any public offense that
makes the person removable from the United States.
F. Except as
provided in federal law, officials or agencies of this state and counties,
cities, towns and other political subdivisions of this state may not be
prohibited or in any way be restricted from sending, receiving or maintaining
information relating to the immigration status of any individual or exchanging
that information with any other federal, state or local governmental entity for
the following official purposes:
1. Determining
eligibility for any public benefit, service or license provided by any federal,
state, local or other political subdivision of this state.
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 order issued pursuant to a
civil or criminal proceeding in this state.
3. Confirming
the identity of any person who is detained.
4. If the
person is an alien, determining whether the person is in compliance with the
federal registration laws prescribed by title II, chapter 7 of the federal
immigration and Nationality act.
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 subdivision of this state
that adopts or implements a policy that limits or restricts the enforcement of
federal immigration laws to less than the full 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:
1. That the
person who brought the action recover court costs and attorney fees.
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 has remained in effect
after the filing of an action pursuant to this subsection.
H. A court
shall collect the civil penalty prescribed in subsection G and remit the civil
penalty to the department of public safety, which shall establish a special
subaccount for the monies in the account established for the gang and
immigration intelligence team enforcement mission appropriation. Monies in the
special subaccount are subject to legislative appropriation for distribution
for gang and immigration enforcement and for county jail reimbursement costs
relating to illegal immigration.
I. A law
enforcement officer is indemnified by the law enforcement officer's agency
against reasonable costs and expenses, including attorney fees, incurred by the
officer in connection with any action, suit or proceeding brought pursuant to
this section to which the officer may be a party by reason of the officer being
or having been a member of the law enforcement agency, except in relation to
matters in which the officer is adjudged to have acted in bad faith. END_STATUTE
Sec. 3. Title 13, chapter 15, Arizona Revised
Statutes, is amended by adding section 13-1509, to read:
START_STATUTE13-1509. Trespassing by illegal aliens;
assessment; exception; classification
A. In
addition to any violation of federal law, a person is guilty of trespassing if
the person is both:
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).
B. In the
enforcement of this section, the final determination of an alien's immigration
status shall be determined by either:
1. A law
enforcement officer who is authorized to verify or ascertain an alien's
immigration status.
2. A law
enforcement officer or agency communicating with the United States immigration
and customs enforcement or the United States border protection pursuant to 8
United States Code section 1373(c).
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 sentence imposed is
served.
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 following amounts:
1. At least
five hundred dollars for a first violation.
2. Twice the
amount specified in paragraph 1 of this subsection if the person was previously
subject to an assessment pursuant to this subsection.
E. A court
shall collect the assessments prescribed in subsection D of this section and
remit the assessments to the department of public safety, which shall establish
a special subaccount for the monies in the account established for the gang and
immigration intelligence team enforcement mission appropriation. Monies in the
special subaccount are subject to legislative appropriation for distribution
for gang and immigration enforcement and for county jail reimbursement costs
relating to illegal immigration.
F. This
section does not apply to a person who maintains authorization from the federal
government to remain in the United States.
G. A
violation of this section is a class 1 misdemeanor, except that a violation of
this section is:
1. A class 3
felony if the person violates this section while in possession of any of the
following:
(a) A dangerous drug as defined in
section 13-3401.
(b) Precursor chemicals that are
used in the manufacturing of methamphetamine in violation of section
13-3404.01.
(c) A deadly weapon or a dangerous
instrument, as defined in section 13-105.
(d) Property that is used for the
purpose of committing an act of terrorism as prescribed in section 13-2308.01.
2. A class 4
felony if the person either:
(a) Is convicted of a second or
subsequent violation of this section.
(b) Within
sixty months before the violation, has been removed from the United States
pursuant to 8 United States Code section 1229a or has accepted a voluntary removal from the United States
pursuant to 8 United States Code section 1229c. END_STATUTE
Sec. 4. Title
13, chapter 29, Arizona Revised Statutes, is amended by adding sections 13-2928
and 13-2929, to read:
START_STATUTE13-2928. Unlawful stopping to hire and pick up
passengers for work; unlawful application, solicitation or employment;
classification; definitions
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 passengers for work
at a different location if the motor vehicle blocks or impedes the normal
movement of traffic.
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 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.
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 work in a public
place or perform work as an employee or independent contractor in this state.
D. A
violation of this section is a class 1 misdemeanor.
E. 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 willing to be employed.
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 described in 8 United States
Code section 1324a(h)(3). END_STATUTE
START_STATUTE13-2929. Unlawful transporting, moving,
concealing, harboring or shielding of unlawful aliens; vehicle impoundment;
classification
A. It is
unlawful for a person who is in violation of a criminal offense to:
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 disregards the fact that the
alien has come to, has entered or remains in the United States in violation of
law.
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 any means of
transportation, if the person knows or recklessly disregards the fact that the
alien has come to, has entered or remains in the United States in violation of
law.
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, entering or residing in
this state is or will be in violation of law.
B. A means
of transportation that is used in the commission of a violation of this section
is subject to mandatory vehicle immobilization or impoundment pursuant to
section 28-3511.
C. A person
who violates this section is guilty of a class 1 misdemeanor and is subject to
a fine of at least one thousand dollars, except that a violation of this
section that involves ten or more illegal aliens is a class 6 felony and the
person is subject to a fine of at least one thousand dollars for each alien who
is involved. END_STATUTE
Sec. 5. Section 23-212, Arizona Revised
Statutes, is amended to read:
START_STATUTE23-212. Knowingly employing unauthorized
aliens; prohibition; false and frivolous complaints; violation; classification;
license suspension and revocation; affirmative defense
A. An employer shall not knowingly employ an
unauthorized alien. If, in the case when an employer uses a contract,
subcontract or other independent contractor agreement to obtain the labor of an
alien in this state, the employer knowingly contracts with an unauthorized
alien or with a person who employs or contracts with an unauthorized alien to
perform the labor, the employer violates this subsection.
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 not be required to list the
complainant's social security number on the complaint form or to have the
complaint form notarized. On receipt of a complaint on a prescribed complaint
form that an employer allegedly knowingly employs an unauthorized alien, the
attorney general or county attorney shall investigate whether the employer has
violated subsection A of this section. If a complaint is received but is not
submitted on a prescribed complaint form, the attorney general or county
attorney may investigate whether the employer has violated subsection A of this
section. This subsection shall not be construed to prohibit the filing of
anonymous complaints that are not submitted on a prescribed complaint form.
The attorney general or county attorney shall not investigate complaints that
are based solely on race, color or national origin. A complaint that is
submitted to a county attorney shall be submitted to the county attorney in the
county in which the alleged unauthorized alien is or was employed by the
employer. The county sheriff or any other local law enforcement agency may
assist in investigating a complaint. When
investigating a complaint, the attorney general or county attorney shall verify
the work authorization of the alleged unauthorized alien with the federal
government pursuant to 8 United States Code section 1373(c). A
state, county or local official shall not attempt to independently make a final
determination on whether an alien is authorized to work in the United
States. An alien's immigration status or work authorization status
shall be verified with the federal government pursuant to 8 United States Code
section 1373(c). A person who knowingly files a false and frivolous complaint
under this subsection is guilty of a class 3 misdemeanor.
C. If, after an investigation, the attorney general
or county attorney determines that the complaint is not false and frivolous:
1. The attorney general or county attorney shall
notify the United States immigration and customs enforcement of the
unauthorized alien.
2. The attorney general or county attorney shall notify
the local law enforcement agency of the unauthorized alien.
3. The attorney general shall notify the appropriate
county attorney to bring an action pursuant to subsection D of this section if the complaint was
originally filed with the attorney general.
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 attorney shall not bring an action against any employer
for any violation of subsection A of this section that occurs before January 1,
2008. A second violation of this section shall be based only on an unauthorized
alien who is 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.
E. For any action in superior court under this
section, the court shall expedite the action, including assigning the hearing
at the earliest 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:
(a) Shall order the employer to terminate the
employment of all unauthorized aliens.
(b) Shall order the employer to be subject to a
three year probationary period for the business location where the unauthorized
alien performed work. During the probationary period the employer shall file
quarterly reports in the form provided in section 23‑722.01 with the
county attorney of each new employee who is hired by the employer at the
business location where the unauthorized alien performed work.
(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 affidavit shall state that the employer has
terminated the employment of all unauthorized aliens in this state and that the
employer will not intentionally or knowingly employ an unauthorized alien in
this state. The court shall order the appropriate agencies to suspend all
licenses subject to this subdivision that are held by the employer if the
employer fails to file a signed sworn affidavit with the county attorney within
three business days after the order is issued. All licenses that are
suspended under this subdivision shall remain suspended until the employer
files a signed sworn affidavit with the county attorney. Notwithstanding any
other law, on filing of the affidavit the suspended licenses shall be
reinstated immediately by the appropriate agencies. For the purposes of this
subdivision, the licenses that are subject to suspension under this subdivision
are all licenses that are held by the employer specific to the business
location where the unauthorized alien performed work. If the employer does not
hold a license specific to the business location where the unauthorized alien performed
work, but a license is necessary to operate the employer's business in general,
the licenses that are subject to suspension under this subdivision are all
licenses that are held by the employer at the employer's primary place of
business. On receipt of the court's order and notwithstanding any other law,
the appropriate agencies shall suspend the licenses according to the court's
order. The court shall send a copy of the court's order to the attorney
general and the attorney general shall maintain the copy pursuant to subsection
G of this section.
(d) May order the appropriate agencies to suspend
all licenses described in subdivision (c) of this paragraph that are held by
the employer for not to exceed ten business days. The court shall base its
decision to suspend under this subdivision on any evidence or information
submitted to it during the action for a violation of this subsection and shall
consider the following factors, if relevant:
(i) The number of unauthorized aliens employed by
the employer.
(ii) Any prior misconduct by the employer.
(iii) The degree of harm resulting from the
violation.
(iv) Whether the employer made good faith efforts to
comply with any applicable requirements.
(v) The duration of the violation.
(vi) The role of the directors, officers or
principals of the employer in the violation.
(vii) Any other factors the court deems appropriate.
2. For a second violation, as described in paragraph
3 of this subsection, the court shall order the appropriate agencies to permanently
revoke all licenses that are held by the employer specific to the business
location where the unauthorized alien performed work. If the employer does not
hold a license specific to the business location where the unauthorized alien
performed work, but a license is necessary to operate the employer's business
in general, the court shall order the appropriate agencies to permanently
revoke all licenses that are held by the employer at the employer's primary
place of business. On receipt of the order and notwithstanding any
other law, the appropriate agencies shall immediately revoke the licenses.
3. The violation shall be considered:
(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 under this subsection or section 23‑212.01, subsection F for that employer's business
location.
(b) A second violation by an employer at a business
location if the violation occurred during a probationary period ordered by the
court under this subsection or section 23‑212.01, subsection F for that
employer's business location.
G. The attorney general shall maintain copies of
court orders that are received pursuant to subsection F of this section and
shall maintain a database of the employers and business locations that have a
first violation of subsection A of this section and make the court orders
available on the attorney general's website.
H. On determining whether an employee is an
unauthorized alien, the court shall consider only the federal government's
determination pursuant to 8 United States Code section 1373(c). The federal
government's determination creates a rebuttable presumption of the employee's
lawful status. The court may take judicial notice of the federal government's
determination and may request the federal government to provide automated or
testimonial verification pursuant to 8 United States Code section 1373(c).
I. For the purposes of this section, proof of
verifying the employment authorization of an employee through the e-verify
program creates a rebuttable presumption that an employer did not knowingly
employ an unauthorized alien.
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 section 1324a(b) establishes an affirmative defense that the
employer did not knowingly employ an unauthorized alien. An employer is
considered to have complied with the requirements of 8 United States Code
section 1324a(b), notwithstanding an isolated, sporadic or accidental technical
or procedural failure to meet the requirements, if there is a good faith
attempt to comply with the requirements.
K. An
employer is not entrapped under this section if the employer was predisposed to
violate subsection A of this section and law enforcement officers or their
agents merely provided the employer with an opportunity to violate subsection A
of this section. It is not entrapment for law enforcement officers
or their agents merely to use a ruse or to conceal their identities.END_STATUTE
Sec. 6. Section 23-212.01, Arizona Revised
Statutes, is amended to read:
START_STATUTE23-212.01. Intentionally employing unauthorized
aliens; prohibition; false and frivolous complaints; violation; classification;
license suspension and revocation; affirmative defense
A. An employer shall not intentionally employ an
unauthorized alien. If, in the case when an employer uses a contract,
subcontract or other independent contractor agreement to obtain the labor of an
alien in this state, the employer intentionally contracts with an unauthorized
alien or with a person who employs or contracts with an unauthorized alien to
perform the labor, the employer violates this subsection.
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 not be required to list the complainant's social security
number on the complaint form or to have the complaint form notarized. On
receipt of a complaint on a prescribed complaint form that an employer
allegedly intentionally employs an unauthorized alien, the attorney general or
county attorney shall investigate whether the employer has violated subsection
A of this section. If a complaint is received but is not submitted
on a prescribed complaint form, the attorney general or county attorney may
investigate whether the employer has violated subsection A of this
section. This subsection shall not be construed to prohibit the filing of
anonymous complaints that are not submitted on a prescribed complaint form.
The attorney general or county attorney shall not investigate complaints that
are based solely on race, color or national origin. A complaint that
is submitted to a county attorney shall be submitted to the county attorney in
the county in which the alleged unauthorized alien is or was employed by the
employer. The county sheriff or any other local law enforcement agency may
assist in investigating a complaint. When investigating a complaint, the
attorney general or county attorney shall verify the work authorization of the
alleged unauthorized alien with the federal government pursuant to 8 United
States Code section 1373(c). A state, county or local official shall not
attempt to independently make a final determination on whether an alien is
authorized to work in the United States. An alien's immigration
status or work authorization status shall be verified with the federal
government pursuant to 8 United States Code section 1373(c). A person who
knowingly files a false and frivolous complaint under this subsection is guilty
of a class 3 misdemeanor.
C. If, after an investigation, the attorney general
or county attorney determines that the complaint is not false and frivolous:
1. The attorney general or county attorney shall
notify the United States immigration and customs enforcement of the
unauthorized alien.
2. The attorney general or county attorney shall
notify the local law enforcement agency of the unauthorized alien.
3. The attorney general shall notify the appropriate
county attorney to bring an action pursuant to subsection D of this section if
the complaint was originally filed with the attorney general.
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 attorney shall not bring an action against any employer
for any violation of subsection A of this section that occurs before January 1,
2008. A second violation of this section shall be based only on an unauthorized
alien who is 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.
E. For any action in superior court under this
section, the court shall expedite the action, including assigning the hearing
at the earliest 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 terminate the employment
of all unauthorized aliens.
(b) Order the employer to be subject to a five year
probationary period for the business location where the unauthorized alien
performed work. During the probationary period the employer shall file
quarterly reports in the form provided in section 23‑722.01 with the
county attorney of each new employee who is hired by the employer at the
business location where the unauthorized alien performed work.
(c) Order the appropriate agencies to suspend all
licenses described in subdivision (d) of this paragraph that are held by the
employer for a minimum of ten days. The court shall base its decision on the
length of the suspension under this subdivision on any evidence or information
submitted to it during the action for a violation of this subsection and shall
consider the following factors, if relevant:
(i) The number of unauthorized aliens employed by
the employer.
(ii) Any prior misconduct by the employer.
(iii) The degree of harm resulting from the
violation.
(iv) Whether the employer made good faith efforts to
comply with any applicable requirements.
(v) The duration of the violation.
(vi) The role of the directors, officers or
principals of the employer in the violation.
(vii) Any other factors the court deems appropriate.
(d) Order the employer to file a signed sworn
affidavit with the county attorney. The affidavit shall state that the
employer has terminated the employment of all unauthorized aliens in this state
and that the employer will not intentionally or knowingly employ an
unauthorized alien in this state. The court shall order the
appropriate agencies to suspend all licenses subject to this subdivision that
are held by the employer if the employer fails to file a signed sworn affidavit
with the county attorney within three business days after the order is
issued. All licenses that are suspended under this subdivision for
failing to file a signed sworn affidavit shall remain suspended until the
employer files a signed sworn affidavit with the county attorney. For the
purposes of this subdivision, the licenses that are subject to suspension under
this subdivision are all licenses that are held by the employer specific to the
business location where the unauthorized alien performed work. If the employer
does not hold a license specific to the business location where the
unauthorized alien performed work, but a license is necessary to operate the
employer's business in general, the licenses that are subject to suspension
under this subdivision are all licenses that are held by the employer at the
employer's primary place of business. On receipt of the court's order and
notwithstanding any other law, the appropriate agencies shall suspend the
licenses according to the court's order. The court shall send a copy of the
court's order to the attorney general and the attorney general shall maintain
the copy pursuant to subsection G of this section.
2. For a second violation, as described in paragraph
3 of this subsection, the court shall order the appropriate agencies to
permanently revoke all licenses that are held by the employer specific to the
business location where the unauthorized alien performed work. If the employer
does not hold a license specific to the business location where the
unauthorized alien performed work, but a license is necessary to operate the
employer's business in general, the court shall order the appropriate agencies
to permanently revoke all licenses that are held by the employer at the
employer's primary place of business. On receipt of the order and
notwithstanding any other law, the appropriate agencies shall immediately
revoke the licenses.
3. The violation
shall be considered:
(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 under this subsection or section 23‑212,
subsection F for that employer's business location.
(b) A second violation by an employer at a business
location if the violation occurred during a probationary period ordered by the
court under this subsection or section 23‑212, subsection F for that
employer's business location.
G. The attorney general shall maintain copies of
court orders that are received pursuant to subsection F of this section and
shall maintain a database of the employers and business locations that have a
first violation of subsection A of this section and make the court orders
available on the attorney general's website.
H. On determining whether an employee is an
unauthorized alien, the court shall consider only the federal government's
determination pursuant to 8 United States Code section 1373(c). The
federal government's determination creates a rebuttable presumption of the
employee's lawful status. The court may take judicial notice of the federal
government's determination and may request the federal government to provide
automated or testimonial verification pursuant to 8 United States Code section
1373(c).
I. For the purposes of this section, proof of
verifying the employment authorization of an employee through the e-verify program
creates a rebuttable presumption that an employer did not intentionally employ
an unauthorized alien.
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 section 1324a(b) establishes an affirmative defense that the
employer did not intentionally employ an unauthorized alien. An employer is
considered to have complied with the requirements of 8 United States Code
section 1324a(b), notwithstanding an isolated, sporadic or accidental technical
or procedural failure to meet the requirements, if there is a good faith
attempt to comply with the requirements.
K. An
employer is not entrapped under this section if the employer was predisposed to
violate subsection A of this section and law enforcement officers or their
agents merely provided the employer with an opportunity to violate subsection A
of this section. It is not entrapment for law enforcement officers
or their agents merely to use a ruse or to conceal their identities. END_STATUTE
Sec. 7. Section
23-214, Arizona Revised Statutes, is amended to read:
START_STATUTE23-214. Verification of employment
eligibility; e‑verify program; economic development incentives; list of
registered employers
A. After December 31, 2007, every employer, after
hiring an employee, shall verify the employment eligibility of the employee
through the e-verify program and shall
keep a record of the verification for the duration of the employee's employment
or at least three years, whichever is longer.
B. In addition to any other requirement for an
employer to receive an economic development incentive from a government entity,
the employer shall register with and participate in the e-verify program.
Before receiving the economic development incentive, the employer shall provide
proof to the government entity that the employer is registered with and is
participating in the e-verify program. If the government entity
determines that the employer is not complying with this subsection, the
government entity shall notify the employer by certified mail of the government
entity's determination of noncompliance and the employer's right to appeal the
determination. On a final determination of noncompliance, the employer shall
repay all monies received as an economic development incentive to the
government entity within thirty days of the final determination. For the
purposes of this subsection:
1. "Economic development incentive" means
any grant, loan or performance-based incentive from any government entity that
is awarded after September 30, 2008. Economic development incentive does not
include any tax provision under title 42 or 43.
2. "Government entity" means this state
and any political subdivision of this state that receives and uses tax
revenues.
C. Every three months the attorney general shall
request from the United States department of homeland security a list of
employers from this state that are registered with the e-verify program. On
receipt of the list of employers, the attorney general shall make the list
available on the attorney general's website. END_STATUTE
Sec. 8. Section
28-3511, Arizona Revised Statutes, is amended to read:
START_STATUTE28-3511. Removal and immobilization or
impoundment of vehicle
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 driving the vehicle while any
of the following applies:
1. The person's driving privilege is suspended or
revoked for any reason.
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 a valid driver license or permit issued by another
jurisdiction. This paragraph does not apply to the operation of an
implement of husbandry.
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 without a functioning certified ignition interlock device.
This paragraph 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.
4. The
person is transporting, moving, concealing, harboring or shielding or
attempting to transport, move, conceal, harbor or shield an alien in this state
in a vehicle if the person knows or recklessly disregards the fact that the
alien has come to, has entered or remains in the United States in violation of
law.
B. A peace officer shall cause the removal and
impoundment of a vehicle if the peace officer determines that a person is
driving the vehicle and if all of the following apply:
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 permit by this state and the person does not produce evidence
of ever having a driver license or permit issued by another jurisdiction.
2. The person is not in compliance with the
financial responsibility requirements of chapter 9, article 4 of this title.
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 person.
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 and either immobilization or impoundment of the vehicle
if the peace officer 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.
D. A peace officer shall not cause the removal and either
the immobilization or impoundment of a vehicle pursuant to subsection C of this
section if all of the following apply:
1. The peace officer determines that the vehicle is
currently registered and that the driver or the vehicle is in compliance with the
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 arrest.
3. The peace officer has reasonable grounds to
believe that the spouse of the driver:
(a) Has a valid driver license.
(b) Is not impaired by intoxicating liquor, any
drug, a vapor releasing substance containing a toxic substance or any
combination of liquor, drugs or vapor releasing substances.
(c) Does not have any spirituous liquor in the
spouse's body if the spouse is under twenty‑one years of age.
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 safety.
5. The spouse drives the vehicle as prescribed by
paragraph 4 of this subsection.
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 of this section shall be immobilized or impounded for
thirty days. An insurance company does not have a duty to pay any benefits for
charges or fees for immobilization or impoundment.
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 owner and each person identified on the department's record with
an interest in the vehicle shall be provided with an opportunity for an
immobilization or poststorage hearing pursuant to section 28‑3514.END_STATUTE
Sec. 9. Severability, implementation and construction
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 or applications of the act that can be given effect without
the invalid provision or application, and to this end the provisions of this
act are severable.
B. The terms of this act regarding immigration shall
be construed to 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.
Sec. 10. Short title
This act may be cited as the "Support Our Law Enforcement
and Safe Neighborhoods Act".
5 Comments in Response to Arizona House to approve Real ID, mandatory identification today
DID You people even take the time to read what is printed right above here, or do you not process things for yourselves??? NO WHERE does it address people who are here LEGALLY.. Please do not blindly follow these Agendized news media articles. Stop being a sheeple and read for yourself. If you actually read and Understand the bill(this is the hard part as they try and trick us with legal wording so it takes some work) and do not like it, then I can respect you, but to say it is bad because someone told you it was. That is not doing yourself credit.
WHAT?!
This is just one more example of how completely fascist our state governments, particularily Arizona, have become. I am in the process of writing a multi part series which will illustrate how Arizona's state government has totally negated the 5th Amendment to the Constitution.
Powell has done another public service in bringing this to our attention. I actually predicted this would happen when I wrote a multi part series, three years ago, entitled Back to the Future: Papers Please
Powell, I certainly hope you are considering a run against Trent "Ball Park" Franks for his Congressional seat. With the social networking available, you might offset the money disadvantage.
Meanwhile, this piece trash legislation is clearly unconstitutional and all of us have a duty to disobey anything like this that comes out of Arizona's Reichstag.
Dave Hodges
Here you go.
F. Except as provided in federal law, officials or agencies of this state and counties, cities, towns and other political subdivisions of this state may not be prohibited or in any way be restricted from sending, receiving or maintaining information relating to the immigration status of any individual or exchanging that information with any other federal, state or local governmental entity for the following official purposes:
3. Confirming the identity of any person who is detained.
I. A law enforcement officer is indemnified by the law enforcement officer's agency against reasonable costs and expenses, including attorney fees, incurred by the officer in connection with any action, suit or proceeding brought pursuant to this section to which the officer may be a party by reason of the officer being or having been a member of the law enforcement agency, except in relation to matters in which the officer is adjudged to have acted in bad faith.END_STATUTE
I probably missed it, but I scanned the text and I don't see where it refers to any federal ID.