"Don't hurt people and don't take their stuff" - Matt Kibbe

Arizona Immigration Law

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House Engrossed Senate Bill

State of Arizona

Senate

Forty-ninth Legislature

Second Regular Session

2010

SENATE BILL 1070

AN ACT

AMENDING TITLE 11, CHAPTER 7, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 8;

AMENDING TITLE 13, CHAPTER 15, ARIZONA REVISED STATUTES, BY ADDING SECTION

13-1509; AMENDING SECTION 13-2319, ARIZONA REVISED STATUTES; AMENDING TITLE

13, CHAPTER 29, ARIZONA REVISED STATUTES, BY ADDING SECTIONS 13-2928 AND

13-2929; AMENDING SECTIONS 13-3883, 23-212, 23-212.01, 23-214 AND 28-3511,

ARIZONA REVISED STATUTES; AMENDING TITLE 41, CHAPTER 12, ARTICLE 2, ARIZONA

REVISED STATUTES, BY ADDING SECTION 41-1724; RELATING TO UNLAWFULLY PRESENT

ALIENS.

(TEXT OF BILL BEGINS ON NEXT PAGE)

S.B. 1070

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

2 Section 1. Intent

3 The legislature finds that there is a compelling interest in the

4 cooperative enforcement of federal immigration laws throughout all of

5 Arizona. The legislature declares that the intent of this act is to make

6 attrition through enforcement the public policy of all state and local

7 government agencies in Arizona. The provisions of this act are intended to

8 work together to discourage and deter the unlawful entry and presence of

9 aliens and economic activity by persons unlawfully present in the United

10 States.

11 Sec. 2. Title 11, chapter 7, Arizona Revised Statutes, is amended by

12 adding article 8, to read:

13 ARTICLE 8. ENFORCEMENT OF IMMIGRATION LAWS

14 11-1051. Cooperation and assistance in enforcement of

15 immigration laws; indemnification

16 A. NO OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR

17 OTHER POLITICAL SUBDIVISION OF THIS STATE MAY LIMIT OR RESTRICT THE

18 ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL EXTENT

19 PERMITTED BY FEDERAL LAW.

20 B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR A LAW

21 ENFORCEMENT AGENCY OF THIS STATE OR A LAW ENFORCEMENT OFFICIAL OR A LAW

22 ENFORCEMENT AGENCY OF A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF

23 THIS STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO

24 IS UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE

25 MADE, WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON,

26 EXCEPT IF THE DETERMINATION MAY HINDER OR OBSTRUCT AN INVESTIGATION. ANY

27 PERSON WHO IS ARRESTED SHALL HAVE THE PERSON'S IMMIGRATION STATUS DETERMINED

28 BEFORE THE PERSON IS RELEASED. THE PERSON'S IMMIGRATION STATUS SHALL BE

29 VERIFIED WITH THE FEDERAL GOVERNMENT PURSUANT TO 8 UNITED STATES CODE SECTION

30 1373(c). A LAW ENFORCEMENT OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY,

31 CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE MAY NOT SOLELY

32 CONSIDER RACE, COLOR OR NATIONAL ORIGIN IN IMPLEMENTING THE REQUIREMENTS OF

33 THIS SUBSECTION EXCEPT TO THE EXTENT PERMITTED BY THE UNITED STATES OR

34 ARIZONA CONSTITUTION. A PERSON IS PRESUMED TO NOT BE AN ALIEN WHO IS

35 UNLAWFULLY PRESENT IN THE UNITED STATES IF THE PERSON PROVIDES TO THE LAW

36 ENFORCEMENT OFFICER OR AGENCY ANY OF THE FOLLOWING:

37 1. A VALID ARIZONA DRIVER LICENSE.

38 2. A VALID ARIZONA NONOPERATING IDENTIFICATION LICENSE.

39 3. A VALID TRIBAL ENROLLMENT CARD OR OTHER FORM OF TRIBAL

40 IDENTIFICATION.

41 4. IF THE ENTITY REQUIRES PROOF OF LEGAL PRESENCE IN THE UNITED STATES

42 BEFORE ISSUANCE, ANY VALID UNITED STATES FEDERAL, STATE OR LOCAL GOVERNMENT

43 ISSUED IDENTIFICATION.

S.B. 1070

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1 C. IF AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES IS

2 CONVICTED OF A VIOLATION OF STATE OR LOCAL LAW, ON DISCHARGE FROM

3 IMPRISONMENT OR ON THE ASSESSMENT OF ANY MONETARY OBLIGATION THAT IS IMPOSED,

4 THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OR THE UNITED STATES

5 CUSTOMS AND BORDER PROTECTION SHALL BE IMMEDIATELY NOTIFIED.

6 D. NOTWITHSTANDING ANY OTHER LAW, A LAW ENFORCEMENT AGENCY MAY

7 SECURELY TRANSPORT AN ALIEN WHO THE AGENCY HAS RECEIVED VERIFICATION IS

8 UNLAWFULLY PRESENT IN THE UNITED STATES AND WHO IS IN THE AGENCY'S CUSTODY TO

9 A FEDERAL FACILITY IN THIS STATE OR TO ANY OTHER POINT OF TRANSFER INTO

10 FEDERAL CUSTODY THAT IS OUTSIDE THE JURISDICTION OF THE LAW ENFORCEMENT

11 AGENCY. A LAW ENFORCEMENT AGENCY SHALL OBTAIN JUDICIAL AUTHORIZATION BEFORE

12 SECURELY TRANSPORTING AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES

13 TO A POINT OF TRANSFER THAT IS OUTSIDE OF THIS STATE.

14 E. EXCEPT AS PROVIDED IN FEDERAL LAW, OFFICIALS OR AGENCIES OF THIS

15 STATE AND COUNTIES, CITIES, TOWNS AND OTHER POLITICAL SUBDIVISIONS OF THIS

16 STATE MAY NOT BE PROHIBITED OR IN ANY WAY BE RESTRICTED FROM SENDING,

17 RECEIVING OR MAINTAINING INFORMATION RELATING TO THE IMMIGRATION STATUS,

18 LAWFUL OR UNLAWFUL, OF ANY INDIVIDUAL OR EXCHANGING THAT INFORMATION WITH ANY

19 OTHER FEDERAL, STATE OR LOCAL GOVERNMENTAL ENTITY FOR THE FOLLOWING OFFICIAL

20 PURPOSES:

21 1. DETERMINING ELIGIBILITY FOR ANY PUBLIC BENEFIT, SERVICE OR LICENSE

22 PROVIDED BY ANY FEDERAL, STATE, LOCAL OR OTHER POLITICAL SUBDIVISION OF THIS

23 STATE.

24 2. VERIFYING ANY CLAIM OF RESIDENCE OR DOMICILE IF DETERMINATION OF

25 RESIDENCE OR DOMICILE IS REQUIRED UNDER THE LAWS OF THIS STATE OR A JUDICIAL

26 ORDER ISSUED PURSUANT TO A CIVIL OR CRIMINAL PROCEEDING IN THIS STATE.

27 3. IF THE PERSON IS AN ALIEN, DETERMINING WHETHER THE PERSON IS IN

28 COMPLIANCE WITH THE FEDERAL REGISTRATION LAWS PRESCRIBED BY TITLE II, CHAPTER

29 7 OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT.

30 4. PURSUANT TO 8 UNITED STATES CODE SECTION 1373 AND 8 UNITED STATES

31 CODE SECTION 1644.

32 F. THIS SECTION DOES NOT IMPLEMENT, AUTHORIZE OR ESTABLISH AND SHALL

33 NOT BE CONSTRUED TO IMPLEMENT, AUTHORIZE OR ESTABLISH THE REAL ID ACT OF 2005

34 (P.L. 109-13, DIVISION B; 119 STAT. 302), INCLUDING THE USE OF A RADIO

35 FREQUENCY IDENTIFICATION CHIP.

36 G. A PERSON WHO IS A LEGAL RESIDENT OF THIS STATE MAY BRING AN ACTION

37 IN SUPERIOR COURT TO CHALLENGE ANY OFFICIAL OR AGENCY OF THIS STATE OR A

38 COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE THAT ADOPTS

39 OR IMPLEMENTS A POLICY OR PRACTICE THAT LIMITS OR RESTRICTS THE ENFORCEMENT

40 OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL EXTENT PERMITTED BY FEDERAL

41 LAW. IF THERE IS A JUDICIAL FINDING THAT AN ENTITY HAS VIOLATED THIS

42 SECTION, THE COURT SHALL ORDER THAT THE ENTITY PAY A CIVIL PENALTY OF NOT

43 LESS THAN ONE THOUSAND DOLLARS AND NOT MORE THAN FIVE THOUSAND DOLLARS FOR

44 EACH DAY THAT THE POLICY HAS REMAINED IN EFFECT AFTER THE FILING OF AN ACTION

45 PURSUANT TO THIS SUBSECTION.

S.B. 1070

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1 H. A COURT SHALL COLLECT THE CIVIL PENALTY PRESCRIBED IN SUBSECTION G

2 OF THIS SECTION AND REMIT THE CIVIL PENALTY TO THE STATE TREASURER FOR

3 DEPOSIT IN THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION

4 FUND ESTABLISHED BY SECTION 41-1724.

5 I. THE COURT MAY AWARD COURT COSTS AND REASONABLE ATTORNEY FEES TO ANY

6 PERSON OR ANY OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR

7 OTHER POLITICAL SUBDIVISION OF THIS STATE THAT PREVAILS BY AN ADJUDICATION ON

8 THE MERITS IN A PROCEEDING BROUGHT PURSUANT TO THIS SECTION.

9 J. EXCEPT IN RELATION TO MATTERS IN WHICH THE OFFICER IS ADJUDGED TO

10 HAVE ACTED IN BAD FAITH, A LAW ENFORCEMENT OFFICER IS INDEMNIFIED BY THE LAW

11 ENFORCEMENT OFFICER'S AGENCY AGAINST REASONABLE COSTS AND EXPENSES, INCLUDING

12 ATTORNEY FEES, INCURRED BY THE OFFICER IN CONNECTION WITH ANY ACTION, SUIT OR

13 PROCEEDING BROUGHT PURSUANT TO THIS SECTION IN WHICH THE OFFICER MAY BE A

14 DEFENDANT BY REASON OF THE OFFICER BEING OR HAVING BEEN A MEMBER OF THE LAW

15 ENFORCEMENT AGENCY.

16 K. THIS SECTION SHALL BE IMPLEMENTED IN A MANNER CONSISTENT WITH

17 FEDERAL LAWS REGULATING IMMIGRATION, PROTECTING THE CIVIL RIGHTS OF ALL

18 PERSONS AND RESPECTING THE PRIVILEGES AND IMMUNITIES OF UNITED STATES

19 CITIZENS.

20 Sec. 3. Title 13, chapter 15, Arizona Revised Statutes, is amended by

21 adding section 13-1509, to read:

22 13-1509. Willful failure to complete or carry an alien

23 registration document; assessment; exception;

24 authenticated records; classification

25 A. IN ADDITION TO ANY VIOLATION OF FEDERAL LAW, A PERSON IS GUILTY OF

26 WILLFUL FAILURE TO COMPLETE OR CARRY AN ALIEN REGISTRATION DOCUMENT IF THE

27 PERSON IS IN VIOLATION OF 8 UNITED STATES CODE SECTION 1304(e) OR 1306(a).

28 B. IN THE ENFORCEMENT OF THIS SECTION, AN ALIEN'S IMMIGRATION STATUS

29 MAY BE DETERMINED BY:

30 1. A LAW ENFORCEMENT OFFICER WHO IS AUTHORIZED BY THE FEDERAL

31 GOVERNMENT TO VERIFY OR ASCERTAIN AN ALIEN'S IMMIGRATION STATUS.

32 2. THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OR THE UNITED

33 STATES CUSTOMS AND BORDER PROTECTION PURSUANT TO 8 UNITED STATES CODE SECTION

34 1373(c).

35 C. A PERSON WHO IS SENTENCED PURSUANT TO THIS SECTION IS NOT ELIGIBLE

36 FOR SUSPENSION OF SENTENCE, PROBATION, PARDON, COMMUTATION OF SENTENCE, OR

37 RELEASE FROM CONFINEMENT ON ANY BASIS EXCEPT AS AUTHORIZED BY SECTION 31-233,

38 SUBSECTION A OR B UNTIL THE SENTENCE IMPOSED BY THE COURT HAS BEEN SERVED OR

39 THE PERSON IS ELIGIBLE FOR RELEASE PURSUANT TO SECTION 41-1604.07.

40 D. IN ADDITION TO ANY OTHER PENALTY PRESCRIBED BY LAW, THE COURT SHALL

41 ORDER THE PERSON TO PAY JAIL COSTS AND AN ADDITIONAL ASSESSMENT IN THE

42 FOLLOWING AMOUNTS:

43 1. AT LEAST FIVE HUNDRED DOLLARS FOR A FIRST VIOLATION.

44 2. TWICE THE AMOUNT SPECIFIED IN PARAGRAPH 1 OF THIS SUBSECTION IF THE

45 PERSON WAS PREVIOUSLY SUBJECT TO AN ASSESSMENT PURSUANT TO THIS SUBSECTION.

S.B. 1070

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1 E. A COURT SHALL COLLECT THE ASSESSMENTS PRESCRIBED IN SUBSECTION D OF

2 THIS SECTION AND REMIT THE ASSESSMENTS TO THE DEPARTMENT OF PUBLIC SAFETY,

3 WHICH SHALL ESTABLISH A SPECIAL SUBACCOUNT FOR THE MONIES IN THE ACCOUNT

4 ESTABLISHED FOR THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT

5 MISSION APPROPRIATION. MONIES IN THE SPECIAL SUBACCOUNT ARE SUBJECT TO

6 LEGISLATIVE APPROPRIATION FOR DISTRIBUTION FOR GANG AND IMMIGRATION

7 ENFORCEMENT AND FOR COUNTY JAIL REIMBURSEMENT COSTS RELATING TO ILLEGAL

8 IMMIGRATION.

9 F. THIS SECTION DOES NOT APPLY TO A PERSON WHO MAINTAINS AUTHORIZATION

10 FROM THE FEDERAL GOVERNMENT TO REMAIN IN THE UNITED STATES.

11 G. ANY RECORD THAT RELATES TO THE IMMIGRATION STATUS OF A PERSON IS

12 ADMISSIBLE IN ANY COURT WITHOUT FURTHER FOUNDATION OR TESTIMONY FROM A

13 CUSTODIAN OF RECORDS IF THE RECORD IS CERTIFIED AS AUTHENTIC BY THE

14 GOVERNMENT AGENCY THAT IS RESPONSIBLE FOR MAINTAINING THE RECORD.

15 H. A VIOLATION OF THIS SECTION IS A CLASS 1 MISDEMEANOR, EXCEPT THAT A

16 VIOLATION OF THIS SECTION IS:

17 1. A CLASS 3 FELONY IF THE PERSON VIOLATES THIS SECTION WHILE IN

18 POSSESSION OF ANY OF THE FOLLOWING:

19 (a) A DANGEROUS DRUG AS DEFINED IN SECTION 13-3401.

20 (b) PRECURSOR CHEMICALS THAT ARE USED IN THE MANUFACTURING OF

21 METHAMPHETAMINE IN VIOLATION OF SECTION 13-3404.01.

22 (c) A DEADLY WEAPON OR A DANGEROUS INSTRUMENT, AS DEFINED IN SECTION

23 13-105.

24 (d) PROPERTY THAT IS USED FOR THE PURPOSE OF COMMITTING AN ACT OF

25 TERRORISM AS PRESCRIBED IN SECTION 13-2308.01.

26 2. A CLASS 4 FELONY IF THE PERSON EITHER:

27 (a) IS CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF THIS SECTION.

28 (b) WITHIN SIXTY MONTHS BEFORE THE VIOLATION, HAS BEEN REMOVED FROM

29 THE UNITED STATES PURSUANT TO 8 UNITED STATES CODE SECTION 1229a OR HAS

30 ACCEPTED A VOLUNTARY REMOVAL FROM THE UNITED STATES PURSUANT TO 8 UNITED

31 STATES CODE SECTION 1229c.

32 Sec. 4. Section 13-2319, Arizona Revised Statutes, is amended to read:

33 13-2319. Smuggling; classification; definitions

34 A. It is unlawful for a person to intentionally engage in the

35 smuggling of human beings for profit or commercial purpose.

36 B. A violation of this section is a class 4 felony.

37 C. Notwithstanding subsection B of this section, a violation of this

38 section:

39 1. Is a class 2 felony if the human being who is smuggled is under

40 eighteen years of age and is not accompanied by a family member over eighteen

41 years of age or the offense involved the use of a deadly weapon or dangerous

42 instrument.

43 2. Is a class 3 felony if the offense involves the use or threatened

44 use of deadly physical force and the person is not eligible for suspension of

45 sentence, probation, pardon or release from confinement on any other basis

S.B. 1070

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1 except pursuant to section 31-233, subsection A or B until the sentence

2 imposed by the court is served, the person is eligible for release pursuant

3 to section 41-1604.07 or the sentence is commuted.

4 D. Chapter 10 of this title does not apply to a violation of

5 subsection C, paragraph 1 of this section.

6 E. NOTWITHSTANDING ANY OTHER LAW, IN THE ENFORCEMENT OF THIS SECTION A

7 PEACE OFFICER MAY LAWFULLY STOP ANY PERSON WHO IS OPERATING A MOTOR VEHICLE

8 IF THE OFFICER HAS REASONABLE SUSPICION TO BELIEVE THE PERSON IS IN VIOLATION

9 OF ANY CIVIL TRAFFIC LAW.

10 E. F. For the purposes of this section:

11 1. "Family member" means the person's parent, grandparent, sibling or

12 any other person who is related to the person by consanguinity or affinity to

13 the second degree.

14 2. "Procurement of transportation" means any participation in or

15 facilitation of transportation and includes:

16 (a) Providing services that facilitate transportation including travel

17 arrangement services or money transmission services.

18 (b) Providing property that facilitates transportation, including a

19 weapon, a vehicle or other means of transportation or false identification,

20 or selling, leasing, renting or otherwise making available a drop house as

21 defined in section 13-2322.

22 3. "Smuggling of human beings" means the transportation, procurement

23 of transportation or use of property or real property by a person or an

24 entity that knows or has reason to know that the person or persons

25 transported or to be transported are not United States citizens, permanent

26 resident aliens or persons otherwise lawfully in this state or have attempted

27 to enter, entered or remained in the United States in violation of law.

28 Sec. 5. Title 13, chapter 29, Arizona Revised Statutes, is amended by

29 adding sections 13-2928 and 13-2929, to read:

30 13-2928. Unlawful stopping to hire and pick up passengers for

31 work; unlawful application, solicitation or

32 employment; classification; definitions

33 A. IT IS UNLAWFUL FOR AN OCCUPANT OF A MOTOR VEHICLE THAT IS STOPPED

34 ON A STREET, ROADWAY OR HIGHWAY TO ATTEMPT TO HIRE OR HIRE AND PICK UP

35 PASSENGERS FOR WORK AT A DIFFERENT LOCATION IF THE MOTOR VEHICLE BLOCKS OR

36 IMPEDES THE NORMAL MOVEMENT OF TRAFFIC.

37 B. IT IS UNLAWFUL FOR A PERSON TO ENTER A MOTOR VEHICLE THAT IS

38 STOPPED ON A STREET, ROADWAY OR HIGHWAY IN ORDER TO BE HIRED BY AN OCCUPANT

39 OF THE MOTOR VEHICLE AND TO BE TRANSPORTED TO WORK AT A DIFFERENT LOCATION IF

40 THE MOTOR VEHICLE BLOCKS OR IMPEDES THE NORMAL MOVEMENT OF TRAFFIC.

41 C. IT IS UNLAWFUL FOR A PERSON WHO IS UNLAWFULLY PRESENT IN THE UNITED

42 STATES AND WHO IS AN UNAUTHORIZED ALIEN TO KNOWINGLY APPLY FOR WORK, SOLICIT

43 WORK IN A PUBLIC PLACE OR PERFORM WORK AS AN EMPLOYEE OR INDEPENDENT

44 CONTRACTOR IN THIS STATE.

45 D. A VIOLATION OF THIS SECTION IS A CLASS 1 MISDEMEANOR.

S.B. 1070

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1 E. FOR THE PURPOSES OF THIS SECTION:

2 1. "SOLICIT" MEANS VERBAL OR NONVERBAL COMMUNICATION BY A GESTURE OR A

3 NOD THAT WOULD INDICATE TO A REASONABLE PERSON THAT A PERSON IS WILLING TO BE

4 EMPLOYED.

5 2. "UNAUTHORIZED ALIEN" MEANS AN ALIEN WHO DOES NOT HAVE THE LEGAL

6 RIGHT OR AUTHORIZATION UNDER FEDERAL LAW TO WORK IN THE UNITED STATES AS

7 DESCRIBED IN 8 UNITED STATES CODE SECTION 1324a(h)(3).

8 13-2929. Unlawful transporting, moving, concealing, harboring

9 or shielding of unlawful aliens; vehicle

10 impoundment; exception; classification

11 A. IT IS UNLAWFUL FOR A PERSON WHO IS IN VIOLATION OF A CRIMINAL

12 OFFENSE TO:

13 1. TRANSPORT OR MOVE OR ATTEMPT TO TRANSPORT OR MOVE AN ALIEN IN THIS

14 STATE, IN FURTHERANCE OF THE ILLEGAL PRESENCE OF THE ALIEN IN THE UNITED

15 STATES, IN A MEANS OF TRANSPORTATION IF THE PERSON KNOWS OR RECKLESSLY

16 DISREGARDS THE FACT THAT THE ALIEN HAS COME TO, HAS ENTERED OR REMAINS IN THE

17 UNITED STATES IN VIOLATION OF LAW.

18 2. CONCEAL, HARBOR OR SHIELD OR ATTEMPT TO CONCEAL, HARBOR OR SHIELD

19 AN ALIEN FROM DETECTION IN ANY PLACE IN THIS STATE, INCLUDING ANY BUILDING OR

20 ANY MEANS OF TRANSPORTATION, IF THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE

21 FACT THAT THE ALIEN HAS COME TO, HAS ENTERED OR REMAINS IN THE UNITED STATES

22 IN VIOLATION OF LAW.

23 3. ENCOURAGE OR INDUCE AN ALIEN TO COME TO OR RESIDE IN THIS STATE IF

24 THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE FACT THAT SUCH COMING TO,

25 ENTERING OR RESIDING IN THIS STATE IS OR WILL BE IN VIOLATION OF LAW.

26 B. A MEANS OF TRANSPORTATION THAT IS USED IN THE COMMISSION OF A

27 VIOLATION OF THIS SECTION IS SUBJECT TO MANDATORY VEHICLE IMMOBILIZATION OR

28 IMPOUNDMENT PURSUANT TO SECTION 28-3511.

29 C. THIS SECTION DOES NOT APPLY TO A CHILD PROTECTIVE SERVICES WORKER

30 ACTING IN THE WORKER'S OFFICIAL CAPACITY OR A PERSON WHO IS ACTING IN THE

31 CAPACITY OF A FIRST RESPONDER, AN AMBULANCE ATTENDANT OR AN EMERGENCY MEDICAL

32 TECHNICIAN AND WHO IS TRANSPORTING OR MOVING AN ALIEN IN THIS STATE PURSUANT

33 TO TITLE 36, CHAPTER 21.1.

34 D. A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A CLASS 1

35 MISDEMEANOR AND IS SUBJECT TO A FINE OF AT LEAST ONE THOUSAND DOLLARS, EXCEPT

36 THAT A VIOLATION OF THIS SECTION THAT INVOLVES TEN OR MORE ILLEGAL ALIENS IS

37 A CLASS 6 FELONY AND THE PERSON IS SUBJECT TO A FINE OF AT LEAST ONE THOUSAND

38 DOLLARS FOR EACH ALIEN WHO IS INVOLVED.

39 Sec. 6. Section 13-3883, Arizona Revised Statutes, is amended to read:

40 13-3883. Arrest by officer without warrant

41 A. A peace officer may, without a warrant, MAY arrest a person if he

42 THE OFFICER has probable cause to believe:

43 1. A felony has been committed and probable cause to believe the

44 person to be arrested has committed the felony.

S.B. 1070

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1 2. A misdemeanor has been committed in his THE OFFICER'S presence and

2 probable cause to believe the person to be arrested has committed the

3 offense.

4 3. The person to be arrested has been involved in a traffic accident

5 and violated any criminal section of title 28, and that such violation

6 occurred prior to or immediately following such traffic accident.

7 4. A misdemeanor or a petty offense has been committed and probable

8 cause to believe the person to be arrested has committed the offense. A

9 person arrested under this paragraph is eligible for release under section

10 13-3903.

11 5. THE PERSON TO BE ARRESTED HAS COMMITTED ANY PUBLIC OFFENSE THAT

12 MAKES THE PERSON REMOVABLE FROM THE UNITED STATES.

13 B. A peace officer may stop and detain a person as is reasonably

14 necessary to investigate an actual or suspected violation of any traffic law

15 committed in the officer's presence and may serve a copy of the traffic

16 complaint for any alleged civil or criminal traffic violation. A peace

17 officer who serves a copy of the traffic complaint shall do so within a

18 reasonable time of the alleged criminal or civil traffic violation.

19 Sec. 7. Section 23-212, Arizona Revised Statutes, is amended to read:

20 23-212. Knowingly employing unauthorized aliens; prohibition;

21 false and frivolous complaints; violation;

22 classification; license suspension and revocation;

23 affirmative defense

24 A. An employer shall not knowingly employ an unauthorized alien. If,

25 in the case when an employer uses a contract, subcontract or other

26 independent contractor agreement to obtain the labor of an alien in this

27 state, the employer knowingly contracts with an unauthorized alien or with a

28 person who employs or contracts with an unauthorized alien to perform the

29 labor, the employer violates this subsection.

30 B. The attorney general shall prescribe a complaint form for a person

31 to allege a violation of subsection A of this section. The complainant shall

32 not be required to list the complainant's social security number on the

33 complaint form or to have the complaint form notarized. On receipt of a

34 complaint on a prescribed complaint form that an employer allegedly knowingly

35 employs an unauthorized alien, the attorney general or county attorney shall

36 investigate whether the employer has violated subsection A of this section.

37 If a complaint is received but is not submitted on a prescribed complaint

38 form, the attorney general or county attorney may investigate whether the

39 employer has violated subsection A of this section. This subsection shall

40 not be construed to prohibit the filing of anonymous complaints that are not

41 submitted on a prescribed complaint form. The attorney general or county

42 attorney shall not investigate complaints that are based solely on race,

43 color or national origin. A complaint that is submitted to a county attorney

44 shall be submitted to the county attorney in the county in which the alleged

45 unauthorized alien is or was employed by the employer. The county sheriff or

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1 any other local law enforcement agency may assist in investigating a

2 complaint. When investigating a complaint, the attorney general or county

3 attorney shall verify the work authorization of the alleged unauthorized

4 alien with the federal government pursuant to 8 United States Code section

5 1373(c). A state, county or local official shall not attempt to

6 independently make a final determination on whether an alien is authorized to

7 work in the United States. An alien's immigration status or work

8 authorization status shall be verified with the federal government pursuant

9 to 8 United States Code section 1373(c). A person who knowingly files a

10 false and frivolous complaint under this subsection is guilty of a class 3

11 misdemeanor.

12 C. If, after an investigation, the attorney general or county attorney

13 determines that the complaint is not false and frivolous:

14 1. The attorney general or county attorney shall notify the United

15 States immigration and customs enforcement of the unauthorized alien.

16 2. The attorney general or county attorney shall notify the local law

17 enforcement agency of the unauthorized alien.

18 3. The attorney general shall notify the appropriate county attorney

19 to bring an action pursuant to subsection D of this section if the complaint

20 was originally filed with the attorney general.

21 D. An action for a violation of subsection A of this section shall be

22 brought against the employer by the county attorney in the county where the

23 unauthorized alien employee is or was employed by the employer. The county

24 attorney shall not bring an action against any employer for any violation of

25 subsection A of this section that occurs before January 1, 2008. A second

26 violation of this section shall be based only on an unauthorized alien who is

27 or was employed by the employer after an action has been brought for a

28 violation of subsection A of this section or section 23-212.01, subsection A.

29 E. For any action in superior court under this section, the court

30 shall expedite the action, including assigning the hearing at the earliest

31 practicable date.

32 F. On a finding of a violation of subsection A of this section:

33 1. For a first violation, as described in paragraph 3 of this

34 subsection, the court:

35 (a) Shall order the employer to terminate the employment of all

36 unauthorized aliens.

37 (b) Shall order the employer to be subject to a three year

38 probationary period for the business location where the unauthorized alien

39 performed work. During the probationary period the employer shall file

40 quarterly reports in the form provided in section 23-722.01 with the county

41 attorney of each new employee who is hired by the employer at the business

42 location where the unauthorized alien performed work.

43 (c) Shall order the employer to file a signed sworn affidavit with the

44 county attorney within three business days after the order is issued. The

45 affidavit shall state that the employer has terminated the employment of all

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1 unauthorized aliens in this state and that the employer will not

2 intentionally or knowingly employ an unauthorized alien in this state. The

3 court shall order the appropriate agencies to suspend all licenses subject to

4 this subdivision that are held by the employer if the employer fails to file

5 a signed sworn affidavit with the county attorney within three business days

6 after the order is issued. All licenses that are suspended under this

7 subdivision shall remain suspended until the employer files a signed sworn

8 affidavit with the county attorney. Notwithstanding any other law, on filing

9 of the affidavit the suspended licenses shall be reinstated immediately by

10 the appropriate agencies. For the purposes of this subdivision, the licenses

11 that are subject to suspension under this subdivision are all licenses that

12 are held by the employer specific to the business location where the

13 unauthorized alien performed work. If the employer does not hold a license

14 specific to the business location where the unauthorized alien performed

15 work, but a license is necessary to operate the employer's business in

16 general, the licenses that are subject to suspension under this subdivision

17 are all licenses that are held by the employer at the employer's primary

18 place of business. On receipt of the court's order and notwithstanding any

19 other law, the appropriate agencies shall suspend the licenses according to

20 the court's order. The court shall send a copy of the court's order to the

21 attorney general and the attorney general shall maintain the copy pursuant to

22 subsection G of this section.

23 (d) May order the appropriate agencies to suspend all licenses

24 described in subdivision (c) of this paragraph that are held by the employer

25 for not to exceed ten business days. The court shall base its decision to

26 suspend under this subdivision on any evidence or information submitted to it

27 during the action for a violation of this subsection and shall consider the

28 following factors, if relevant:

29 (i) The number of unauthorized aliens employed by the employer.

30 (ii) Any prior misconduct by the employer.

31 (iii) The degree of harm resulting from the violation.

32 (iv) Whether the employer made good faith efforts to comply with any

33 applicable requirements.

34 (v) The duration of the violation.

35 (vi) The role of the directors, officers or principals of the employer

36 in the violation.

37 (vii) Any other factors the court deems appropriate.

38 2. For a second violation, as described in paragraph 3 of this

39 subsection, the court shall order the appropriate agencies to permanently

40 revoke all licenses that are held by the employer specific to the business

41 location where the unauthorized alien performed work. If the employer does

42 not hold a license specific to the business location where the unauthorized

43 alien performed work, but a license is necessary to operate the employer's

44 business in general, the court shall order the appropriate agencies to

45 permanently revoke all licenses that are held by the employer at the

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1 employer's primary place of business. On receipt of the order and

2 notwithstanding any other law, the appropriate agencies shall immediately

3 revoke the licenses.

4 3. The violation shall be considered:

5 (a) A first violation by an employer at a business location if the

6 violation did not occur during a probationary period ordered by the court

7 under this subsection or section 23-212.01, subsection F for that employer's

8 business location.

9 (b) A second violation by an employer at a business location if the

10 violation occurred during a probationary period ordered by the court under

11 this subsection or section 23-212.01, subsection F for that employer's

12 business location.

13 G. The attorney general shall maintain copies of court orders that are

14 received pursuant to subsection F of this section and shall maintain a

15 database of the employers and business locations that have a first violation

16 of subsection A of this section and make the court orders available on the

17 attorney general's website.

18 H. On determining whether an employee is an unauthorized alien, the

19 court shall consider only the federal government's determination pursuant to

20 8 United States Code section 1373(c). The federal government's determination

21 creates a rebuttable presumption of the employee's lawful status. The court

22 may take judicial notice of the federal government's determination and may

23 request the federal government to provide automated or testimonial

24 verification pursuant to 8 United States Code section 1373(c).

25 I. For the purposes of this section, proof of verifying the employment

26 authorization of an employee through the e-verify program creates a

27 rebuttable presumption that an employer did not knowingly employ an

28 unauthorized alien.

29 J. For the purposes of this section, an employer that establishes that

30 it has complied in good faith with the requirements of 8 United States Code

31 section 1324a(b) establishes an affirmative defense that the employer did not

32 knowingly employ an unauthorized alien. An employer is considered to have

33 complied with the requirements of 8 United States Code section 1324a(b),

34 notwithstanding an isolated, sporadic or accidental technical or procedural

35 failure to meet the requirements, if there is a good faith attempt to comply

36 with the requirements.

37 K. IT IS AN AFFIRMATIVE DEFENSE TO A VIOLATION OF SUBSECTION A OF THIS

38 SECTION THAT THE EMPLOYER WAS ENTRAPPED. TO CLAIM ENTRAPMENT, THE EMPLOYER

39 MUST ADMIT BY THE EMPLOYER'S TESTIMONY OR OTHER EVIDENCE THE SUBSTANTIAL

40 ELEMENTS OF THE VIOLATION. AN EMPLOYER WHO ASSERTS AN ENTRAPMENT DEFENSE HAS

41 THE BURDEN OF PROVING THE FOLLOWING BY A PREPONDERANCE OF THE EVIDENCE:

42 1. THE IDEA OF COMMITTING THE VIOLATION STARTED WITH LAW ENFORCEMENT

43 OFFICERS OR THEIR AGENTS RATHER THAN WITH THE EMPLOYER.

44 2. THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE

45 EMPLOYER TO COMMIT THE VIOLATION.

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1 3. THE EMPLOYER WAS NOT PREDISPOSED TO COMMIT THE VIOLATION BEFORE THE

2 LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE EMPLOYER TO

3 COMMIT THE VIOLATION.

4 L. AN EMPLOYER DOES NOT ESTABLISH ENTRAPMENT IF THE EMPLOYER WAS

5 PREDISPOSED TO VIOLATE SUBSECTION A OF THIS SECTION AND THE LAW ENFORCEMENT

6 OFFICERS OR THEIR AGENTS MERELY PROVIDED THE EMPLOYER WITH AN OPPORTUNITY TO

7 COMMIT THE VIOLATION. IT IS NOT ENTRAPMENT FOR LAW ENFORCEMENT OFFICERS OR

8 THEIR AGENTS MERELY TO USE A RUSE OR TO CONCEAL THEIR IDENTITY. THE CONDUCT

9 OF LAW ENFORCEMENT OFFICERS AND THEIR AGENTS MAY BE CONSIDERED IN DETERMINING

10 IF AN EMPLOYER HAS PROVEN ENTRAPMENT.

11 Sec. 8. Section 23-212.01, Arizona Revised Statutes, is amended to

12 read:

13 23-212.01. Intentionally employing unauthorized aliens;

14 prohibition; false and frivolous complaints;

15 violation; classification; license suspension and

16 revocation; affirmative defense

17 A. An employer shall not intentionally employ an unauthorized alien.

18 If, in the case when an employer uses a contract, subcontract or other

19 independent contractor agreement to obtain the labor of an alien in this

20 state, the employer intentionally contracts with an unauthorized alien or

21 with a person who employs or contracts with an unauthorized alien to perform

22 the labor, the employer violates this subsection.

23 B. The attorney general shall prescribe a complaint form for a person

24 to allege a violation of subsection A of this section. The complainant shall

25 not be required to list the complainant's social security number on the

26 complaint form or to have the complaint form notarized. On receipt of a

27 complaint on a prescribed complaint form that an employer allegedly

28 intentionally employs an unauthorized alien, the attorney general or county

29 attorney shall investigate whether the employer has violated subsection A of

30 this section. If a complaint is received but is not submitted on a

31 prescribed complaint form, the attorney general or county attorney may

32 investigate whether the employer has violated subsection A of this section.

33 This subsection shall not be construed to prohibit the filing of anonymous

34 complaints that are not submitted on a prescribed complaint form. The

35 attorney general or county attorney shall not investigate complaints that are

36 based solely on race, color or national origin. A complaint that is

37 submitted to a county attorney shall be submitted to the county attorney in

38 the county in which the alleged unauthorized alien is or was employed by the

39 employer. The county sheriff or any other local law enforcement agency may

40 assist in investigating a complaint. When investigating a complaint, the

41 attorney general or county attorney shall verify the work authorization of

42 the alleged unauthorized alien with the federal government pursuant to

43 8 United States Code section 1373(c). A state, county or local official

44 shall not attempt to independently make a final determination on whether an

45 alien is authorized to work in the United States. An alien's immigration

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1 status or work authorization status shall be verified with the federal

2 government pursuant to 8 United States Code section 1373(c). A person who

3 knowingly files a false and frivolous complaint under this subsection is

4 guilty of a class 3 misdemeanor.

5 C. If, after an investigation, the attorney general or county attorney

6 determines that the complaint is not false and frivolous:

7 1. The attorney general or county attorney shall notify the United

8 States immigration and customs enforcement of the unauthorized alien.

9 2. The attorney general or county attorney shall notify the local law

10 enforcement agency of the unauthorized alien.

11 3. The attorney general shall notify the appropriate county attorney

12 to bring an action pursuant to subsection D of this section if the complaint

13 was originally filed with the attorney general.

14 D. An action for a violation of subsection A of this section shall be

15 brought against the employer by the county attorney in the county where the

16 unauthorized alien employee is or was employed by the employer. The county

17 attorney shall not bring an action against any employer for any violation of

18 subsection A of this section that occurs before January 1, 2008. A second

19 violation of this section shall be based only on an unauthorized alien who is

20 or was employed by the employer after an action has been brought for a

21 violation of subsection A of this section or section 23-212, subsection A.

22 E. For any action in superior court under this section, the court

23 shall expedite the action, including assigning the hearing at the earliest

24 practicable date.

25 F. On a finding of a violation of subsection A of this section:

26 1. For a first violation, as described in paragraph 3 of this

27 subsection, the court shall:

28 (a) Order the employer to terminate the employment of all unauthorized

29 aliens.

30 (b) Order the employer to be subject to a five year probationary

31 period for the business location where the unauthorized alien performed work.

32 During the probationary period the employer shall file quarterly reports in

33 the form provided in section 23-722.01 with the county attorney of each new

34 employee who is hired by the employer at the business location where the

35 unauthorized alien performed work.

36 (c) Order the appropriate agencies to suspend all licenses described

37 in subdivision (d) of this paragraph that are held by the employer for a

38 minimum of ten days. The court shall base its decision on the length of the

39 suspension under this subdivision on any evidence or information submitted to

40 it during the action for a violation of this subsection and shall consider

41 the following factors, if relevant:

42 (i) The number of unauthorized aliens employed by the employer.

43 (ii) Any prior misconduct by the employer.

44 (iii) The degree of harm resulting from the violation.

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1 (iv) Whether the employer made good faith efforts to comply with any

2 applicable requirements.

3 (v) The duration of the violation.

4 (vi) The role of the directors, officers or principals of the employer

5 in the violation.

6 (vii) Any other factors the court deems appropriate.

7 (d) Order the employer to file a signed sworn affidavit with the

8 county attorney. The affidavit shall state that the employer has terminated

9 the employment of all unauthorized aliens in this state and that the employer

10 will not intentionally or knowingly employ an unauthorized alien in this

11 state. The court shall order the appropriate agencies to suspend all

12 licenses subject to this subdivision that are held by the employer if the

13 employer fails to file a signed sworn affidavit with the county attorney

14 within three business days after the order is issued. All licenses that are

15 suspended under this subdivision for failing to file a signed sworn affidavit

16 shall remain suspended until the employer files a signed sworn affidavit with

17 the county attorney. For the purposes of this subdivision, the licenses that

18 are subject to suspension under this subdivision are all licenses that are

19 held by the employer specific to the business location where the unauthorized

20 alien performed work. If the employer does not hold a license specific to

21 the business location where the unauthorized alien performed work, but a

22 license is necessary to operate the employer's business in general, the

23 licenses that are subject to suspension under this subdivision are all

24 licenses that are held by the employer at the employer's primary place of

25 business. On receipt of the court's order and notwithstanding any other law,

26 the appropriate agencies shall suspend the licenses according to the court's

27 order. The court shall send a copy of the court's order to the attorney

28 general and the attorney general shall maintain the copy pursuant to

29 subsection G of this section.

30 2. For a second violation, as described in paragraph 3 of this

31 subsection, the court shall order the appropriate agencies to permanently

32 revoke all licenses that are held by the employer specific to the business

33 location where the unauthorized alien performed work. If the employer does

34 not hold a license specific to the business location where the unauthorized

35 alien performed work, but a license is necessary to operate the employer's

36 business in general, the court shall order the appropriate agencies to

37 permanently revoke all licenses that are held by the employer at the

38 employer's primary place of business. On receipt of the order and

39 notwithstanding any other law, the appropriate agencies shall immediately

40 revoke the licenses.

41 3. The violation shall be considered:

42 (a) A first violation by an employer at a business location if the

43 violation did not occur during a probationary period ordered by the court

44 under this subsection or section 23-212, subsection F for that employer's

45 business location.

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1 (b) A second violation by an employer at a business location if the

2 violation occurred during a probationary period ordered by the court under

3 this subsection or section 23-212, subsection F for that employer's business

4 location.

5 G. The attorney general shall maintain copies of court orders that are

6 received pursuant to subsection F of this section and shall maintain a

7 database of the employers and business locations that have a first violation

8 of subsection A of this section and make the court orders available on the

9 attorney general's website.

10 H. On determining whether an employee is an unauthorized alien, the

11 court shall consider only the federal government's determination pursuant to

12 8 United States Code section 1373(c). The federal government's determination

13 creates a rebuttable presumption of the employee's lawful status. The court

14 may take judicial notice of the federal government's determination and may

15 request the federal government to provide automated or testimonial

16 verification pursuant to 8 United States Code section 1373(c).

17 I. For the purposes of this section, proof of verifying the employment

18 authorization of an employee through the e-verify program creates a

19 rebuttable presumption that an employer did not intentionally employ an

20 unauthorized alien.

21 J. For the purposes of this section, an employer that establishes that

22 it has complied in good faith with the requirements of 8 United States Code

23 section 1324a(b) establishes an affirmative defense that the employer did not

24 intentionally employ an unauthorized alien. An employer is considered to

25 have complied with the requirements of 8 United States Code section 1324a(b),

26 notwithstanding an isolated, sporadic or accidental technical or procedural

27 failure to meet the requirements, if there is a good faith attempt to comply

28 with the requirements.

29 K. IT IS AN AFFIRMATIVE DEFENSE TO A VIOLATION OF SUBSECTION A OF THIS

30 SECTION THAT THE EMPLOYER WAS ENTRAPPED. TO CLAIM ENTRAPMENT, THE EMPLOYER

31 MUST ADMIT BY THE EMPLOYER'S TESTIMONY OR OTHER EVIDENCE THE SUBSTANTIAL

32 ELEMENTS OF THE VIOLATION. AN EMPLOYER WHO ASSERTS AN ENTRAPMENT DEFENSE HAS

33 THE BURDEN OF PROVING THE FOLLOWING BY A PREPONDERANCE OF THE EVIDENCE:

34 1. THE IDEA OF COMMITTING THE VIOLATION STARTED WITH LAW ENFORCEMENT

35 OFFICERS OR THEIR AGENTS RATHER THAN WITH THE EMPLOYER.

36 2. THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE

37 EMPLOYER TO COMMIT THE VIOLATION.

38 3. THE EMPLOYER WAS NOT PREDISPOSED TO COMMIT THE VIOLATION BEFORE THE

39 LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE EMPLOYER TO

40 COMMIT THE VIOLATION.

41 L. AN EMPLOYER DOES NOT ESTABLISH ENTRAPMENT IF THE EMPLOYER WAS

42 PREDISPOSED TO VIOLATE SUBSECTION A OF THIS SECTION AND THE LAW ENFORCEMENT

43 OFFICERS OR THEIR AGENTS MERELY PROVIDED THE EMPLOYER WITH AN OPPORTUNITY TO

44 COMMIT THE VIOLATION. IT IS NOT ENTRAPMENT FOR LAW ENFORCEMENT OFFICERS OR

45 THEIR AGENTS MERELY TO USE A RUSE OR TO CONCEAL THEIR IDENTITY. THE CONDUCT

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1 OF LAW ENFORCEMENT OFFICERS AND THEIR AGENTS MAY BE CONSIDERED IN DETERMINING

2 IF AN EMPLOYER HAS PROVEN ENTRAPMENT.

3 Sec. 9. Section 23-214, Arizona Revised Statutes, is amended to read:

4 23-214. Verification of employment eligibility; e-verify

5 program; economic development incentives; list of

6 registered employers

7 A. After December 31, 2007, every employer, after hiring an employee,

8 shall verify the employment eligibility of the employee through the e-verify

9 program AND SHALL KEEP A RECORD OF THE VERIFICATION FOR THE DURATION OF THE

10 EMPLOYEE'S EMPLOYMENT OR AT LEAST THREE YEARS, WHICHEVER IS LONGER.

11 B. In addition to any other requirement for an employer to receive an

12 economic development incentive from a government entity, the employer shall

13 register with and participate in the e-verify program. Before receiving the

14 economic development incentive, the employer shall provide proof to the

15 government entity that the employer is registered with and is participating

16 in the e-verify program. If the government entity determines that the

17 employer is not complying with this subsection, the government entity shall

18 notify the employer by certified mail of the government entity's

19 determination of noncompliance and the employer's right to appeal the

20 determination. On a final determination of noncompliance, the employer shall

21 repay all monies received as an economic development incentive to the

22 government entity within thirty days of the final determination. For the

23 purposes of this subsection:

24 1. "Economic development incentive" means any grant, loan or

25 performance-based incentive from any government entity that is awarded after

26 September 30, 2008. Economic development incentive does not include any tax

27 provision under title 42 or 43.

28 2. "Government entity" means this state and any political subdivision

29 of this state that receives and uses tax revenues.

30 C. Every three months the attorney general shall request from the

31 United States department of homeland security a list of employers from this

32 state that are registered with the e-verify program. On receipt of the list

33 of employers, the attorney general shall make the list available on the

34 attorney general's website.

35 Sec. 10. Section 28-3511, Arizona Revised Statutes, is amended to

36 read:

37 28-3511. Removal and immobilization or impoundment of vehicle

38 A. A peace officer shall cause the removal and either immobilization

39 or impoundment of a vehicle if the peace officer determines that a person is

40 driving the vehicle while any of the following applies:

41 1. The person's driving privilege is suspended or revoked for any

42 reason.

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1 2. The person has not ever been issued a valid driver license or

2 permit by this state and the person does not produce evidence of ever having

3 a valid driver license or permit issued by another jurisdiction. This

4 paragraph does not apply to the operation of an implement of husbandry.

5 3. The person is subject to an ignition interlock device requirement

6 pursuant to chapter 4 of this title and the person is operating a vehicle

7 without a functioning certified ignition interlock device. This paragraph

8 does not apply to a person operating an employer's vehicle or the operation

9 of a vehicle due to a substantial emergency as defined in section 28-1464.

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

11 STATES AND IN VIOLATION OF A CRIMINAL OFFENSE, THE PERSON IS TRANSPORTING OR

12 MOVING OR ATTEMPTING TO TRANSPORT OR MOVE AN ALIEN IN THIS STATE IN A VEHICLE

13 IF THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE FACT THAT THE ALIEN HAS COME

14 TO, HAS ENTERED OR REMAINS IN THE UNITED STATES IN VIOLATION OF LAW.

15 5. THE PERSON IS CONCEALING, HARBORING OR SHIELDING OR ATTEMPTING TO

16 CONCEAL, HARBOR OR SHIELD FROM DETECTION AN ALIEN IN THIS STATE IN A VEHICLE

17 IF THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE FACT THAT THE ALIEN HAS COME

18 TO, ENTERED OR REMAINS IN THE UNITED STATES IN VIOLATION OF LAW.

19 B. A peace officer shall cause the removal and impoundment of a

20 vehicle if the peace officer determines that a person is driving the vehicle

21 and if all of the following apply:

22 1. The person's driving privilege is canceled, suspended or revoked

23 for any reason or the person has not ever been issued a driver license or

24 permit by this state and the person does not produce evidence of ever having

25 a driver license or permit issued by another jurisdiction.

26 2. The person is not in compliance with the financial responsibility

27 requirements of chapter 9, article 4 of this title.

28 3. The person is driving a vehicle that is involved in an accident

29 that results in either property damage or injury to or death of another

30 person.

31 C. Except as provided in subsection D of this section, while a peace

32 officer has control of the vehicle the peace officer shall cause the removal

33 and either immobilization or impoundment of the vehicle if the peace officer

34 has probable cause to arrest the driver of the vehicle for a violation of

35 section 4-244, paragraph 34 or section 28-1382 or 28-1383.

36 D. A peace officer shall not cause the removal and either the

37 immobilization or impoundment of a vehicle pursuant to subsection C of this

38 section if all of the following apply:

39 1. The peace officer determines that the vehicle is currently

40 registered and that the driver or the vehicle is in compliance with the

41 financial responsibility requirements of chapter 9, article 4 of this title.

42 2. The spouse of the driver is with the driver at the time of the

43 arrest.

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1 3. The peace officer has reasonable grounds to believe that the spouse

2 of the driver:

3 (a) Has a valid driver license.

4 (b) Is not impaired by intoxicating liquor, any drug, a vapor

5 releasing substance containing a toxic substance or any combination of

6 liquor, drugs or vapor releasing substances.

7 (c) Does not have any spirituous liquor in the spouse's body if the

8 spouse is under twenty-one years of age.

9 4. The spouse notifies the peace officer that the spouse will drive

10 the vehicle from the place of arrest to the driver's home or other place of

11 safety.

12 5. The spouse drives the vehicle as prescribed by paragraph 4 of this

13 subsection.

14 E. Except as otherwise provided in this article, a vehicle that is

15 removed and either immobilized or impounded pursuant to subsection A, B or C

16 of this section shall be immobilized or impounded for thirty days. An

17 insurance company does not have a duty to pay any benefits for charges or

18 fees for immobilization or impoundment.

19 F. The owner of a vehicle that is removed and either immobilized or

20 impounded pursuant to subsection A, B or C of this section, the spouse of the

21 owner and each person identified on the department's record with an interest

22 in the vehicle shall be provided with an opportunity for an immobilization or

23 poststorage hearing pursuant to section 28-3514.

24 Sec. 11. Title 41, chapter 12, article 2, Arizona Revised Statutes, is

25 amended by adding section 41-1724, to read:

26 41-1724. Gang and immigration intelligence team enforcement

27 mission fund

28 THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION FUND IS

29 ESTABLISHED CONSISTING OF MONIES DEPOSITED PURSUANT TO SECTION 11-1051 AND

30 MONIES APPROPRIATED BY THE LEGISLATURE. THE DEPARTMENT SHALL ADMINISTER THE

31 FUND. MONIES IN THE FUND ARE SUBJECT TO LEGISLATIVE APPROPRIATION AND SHALL

32 BE USED FOR GANG AND IMMIGRATION ENFORCEMENT AND FOR COUNTY JAIL

33 REIMBURSEMENT COSTS RELATING TO ILLEGAL IMMIGRATION.

34 Sec. 12. Severability, implementation and construction

35 A. If a provision of this act or its application to any person or

36 circumstance is held invalid, the invalidity does not affect other provisions

37 or applications of the act that can be given effect without the invalid

38 provision or application, and to this end the provisions of this act are

39 severable.

40 B. The terms of this act regarding immigration shall be construed to

41 have the meanings given to them under federal immigration law.

42 C. This act shall be implemented in a manner consistent with federal

43 laws regulating immigration, protecting the civil rights of all persons and

44 respecting the privileges and immunities of United States citizens.

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1 D. Nothing in this act shall implement or shall be construed or

2 interpreted to implement or establish the REAL ID act of 2005 (P.L. 109-13,

3 division B; 119 Stat. 302) including the use of a radio frequency

4 identification chip.

5 Sec. 13. Short title

6 This act may be cited as the "Support Our Law Enforcement and Safe

7 Neighborhoods Act".