Full Text of Arizona Senate Bill 1070
Arizona Senate Bill 1070: If you have nothing to hide, you have nothing to fear.*




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)

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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:

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11-1051.

ARTICLE 8. ENFORCEMENT OF IMMIGRATION LAWS

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 LIMIT OR RESTRICT THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL EXTENT PERMITTED BY FEDERAL LAW.

B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR A LAW ENFORCEMENT AGENCY OF THIS STATE OR A LAW ENFORCEMENT OFFICIAL OR A LAW ENFORCEMENT AGENCY OF 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, WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON, EXCEPT IF THE DETERMINATION MAY HINDER OR OBSTRUCT AN INVESTIGATION. ANY PERSON WHO IS ARRESTED SHALL HAVE THE PERSON’S IMMIGRATION STATUS DETERMINED BEFORE THE PERSON IS RELEASED. THE PERSON’S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c). A LAW ENFORCEMENT OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE MAY NOT SOLELY CONSIDER RACE, COLOR OR NATIONAL ORIGIN IN IMPLEMENTING THE REQUIREMENTS OF THIS SUBSECTION EXCEPT TO THE EXTENT PERMITTED BY THE UNITED STATES OR ARIZONA CONSTITUTION. A PERSON IS PRESUMED TO NOT BE AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES IF THE PERSON PROVIDES TO THE LAW ENFORCEMENT OFFICER OR AGENCY ANY OF THE FOLLOWING:

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

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

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

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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.

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H. A COURT SHALL COLLECT THE CIVIL PENALTY PRESCRIBED IN SUBSECTION G OF THIS SECTION AND REMIT THE CIVIL PENALTY TO THE STATE TREASURER FOR DEPOSIT IN THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION FUND ESTABLISHED BY SECTION 41-1724.

I. THE COURT MAY AWARD COURT COSTS AND REASONABLE ATTORNEY FEES TO ANY PERSON OR ANY OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE THAT PREVAILS BY AN ADJUDICATION ON THE MERITS IN A PROCEEDING BROUGHT PURSUANT TO THIS SECTION.

J. EXCEPT IN RELATION TO MATTERS IN WHICH THE OFFICER IS ADJUDGED TO HAVE ACTED IN BAD FAITH, 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 IN WHICH THE OFFICER MAY BE A DEFENDANT BY REASON OF THE OFFICER BEING OR HAVING BEEN A MEMBER OF THE LAW ENFORCEMENT AGENCY.

K. THIS SECTION 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. 3. Title 13, chapter 15, Arizona Revised Statutes, is amended by adding section 13-1509, to read:

13-1509. Willful failure to complete or carry an alien registration document; assessment; exception; authenticated records; classification

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A. WILLFUL FAILURE TO COMPLETE OR CARRY AN ALIEN REGISTRATION DOCUMENT IF THE PERSON IS IN VIOLATION OF 8 UNITED STATES CODE SECTION 1304(e) OR 1306(a).

B. IN THE ENFORCEMENT OF THIS SECTION, AN ALIEN’S IMMIGRATION STATUS MAY BE DETERMINED BY:

1. A LAW ENFORCEMENT OFFICER WHO IS AUTHORIZED BY THE FEDERAL GOVERNMENT TO VERIFY OR ASCERTAIN AN ALIEN’S IMMIGRATION STATUS.

2. THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OR THE UNITED STATES CUSTOMS AND 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 OF SENTENCE, PROBATION, PARDON, COMMUTATION OF SENTENCE, OR RELEASE FROM CONFINEMENT ON ANY BASIS EXCEPT AS AUTHORIZED BY SECTION 31-233, SUBSECTION A OR B UNTIL THE SENTENCE IMPOSED BY THE COURT HAS BEEN SERVED OR THE PERSON IS ELIGIBLE FOR RELEASE PURSUANT TO SECTION 41-1604.07.

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.

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

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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. ANY RECORD THAT RELATES TO THE IMMIGRATION STATUS OF A PERSON IS ADMISSIBLE IN ANY COURT WITHOUT FURTHER FOUNDATION OR TESTIMONY FROM A CUSTODIAN OF RECORDS IF THE RECORD IS CERTIFIED AS AUTHENTIC BY THE GOVERNMENT AGENCY THAT IS RESPONSIBLE FOR MAINTAINING THE RECORD.

H. 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.

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(c) 13-105.

(d) TERRORISM

2. (a) (b)

A DEADLY WEAPON OR A DANGEROUS INSTRUMENT, AS DEFINED IN SECTION

PROPERTY THAT IS USED FOR THE PURPOSE OF COMMITTING AN ACT OF AS PRESCRIBED IN SECTION 13-2308.01. A CLASS 4 FELONY IF THE PERSON EITHER:

IS CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF THIS SECTION.

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.

Sec. 4. Section 13-2319, Arizona Revised Statutes, is amended to read: 13-2319. Smuggling; classification; definitions A. It is unlawful for a person to intentionally engage in the

smuggling of human beings for profit or commercial purpose.

B.

C. section: 1. eighteen years of

A violation of this section is a class 4 felony. Notwithstanding subsection B of this section, a violation of this

Is a class 2 felony if the human being who is smuggled is under years of age and is not accompanied by a family member over eighteen age or the offense involved the use of a deadly weapon or dangerous

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

use of deadly physical force and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any other basis

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except pursuant to section 31-233, subsection A or B until the sentence imposed by the court is served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

D. Chapter 10 of this title does not apply to a violation of subsection C, paragraph 1 of this section.

E. NOTWITHSTANDING ANY OTHER LAW, IN THE ENFORCEMENT OF THIS SECTION A PEACE OFFICER MAY LAWFULLY STOP ANY PERSON WHO IS OPERATING A MOTOR VEHICLE IF THE OFFICER HAS REASONABLE SUSPICION TO BELIEVE THE PERSON IS IN VIOLATION OF ANY CIVIL TRAFFIC LAW.

E. F. For the purposes of this section:

1. “Family member” means the person’s parent, grandparent, sibling or any other person who is related to the person by consanguinity or affinity to the second degree.

2. “Procurement of transportation” means any participation in or facilitation of transportation and includes:

(a) Providing services that facilitate transportation including travel arrangement services or money transmission services.

(b) Providing property that facilitates transportation, including a weapon, a vehicle or other means of transportation or false identification, or selling, leasing, renting or otherwise making available a drop house as defined in section 13-2322.

3. “Smuggling of human beings” means the transportation, procurement of transportation or use of property or real property by a person or an entity that knows or has reason to know that the person or persons transported or to be transported are not United States citizens, permanent resident aliens or persons otherwise lawfully in this state or have attempted to enter, entered or remained in the United States in violation of law.

Sec. 5. Title 13, chapter 29, Arizona Revised Statutes, is amended by adding sections 13-2928 and 13-2929, to read:

13-2928. 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.

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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).

13-2929. Unlawful transporting, moving, concealing, harboring or shielding of unlawful aliens; vehicle impoundment; exception; 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 FURTHERANCE OF THE ILLEGAL PRESENCE OF THE ALIEN IN THE UNITED STATES, 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. THIS SECTION DOES NOT APPLY TO A CHILD PROTECTIVE SERVICES WORKER ACTING IN THE WORKER’S OFFICIAL CAPACITY OR A PERSON WHO IS ACTING IN THE CAPACITY OF A FIRST RESPONDER, AN AMBULANCE ATTENDANT OR AN EMERGENCY MEDICAL TECHNICIAN AND WHO IS TRANSPORTING OR MOVING AN ALIEN IN THIS STATE PURSUANT TO TITLE 36, CHAPTER 21.1.

D. 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.

Sec. 6. Section 13-3883, Arizona Revised Statutes, is amended to read: 13-3883. Arrest by officer without warrant A. A peace officer may, without a warrant, MAY arrest a person if he

THE OFFICER has probable cause to believe: 1. A felony has been committed and probable cause to believe the

person to be arrested has committed the felony.

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2. A misdemeanor has been committed in his THE OFFICER’S presence and probable cause to believe the person to be arrested has committed the offense.

3. The person to be arrested has been involved in a traffic accident and violated any criminal section of title 28, and that such violation occurred prior to or immediately following such traffic accident.

4. A misdemeanor or a petty offense has been committed and probable cause to believe the person to be arrested has committed the offense. A person arrested under this paragraph is eligible for release under section 13-3903.

5. THE PERSON TO BE ARRESTED HAS COMMITTED ANY PUBLIC OFFENSE THAT MAKES THE PERSON REMOVABLE FROM THE UNITED STATES.

B. A peace officer may stop and detain a person as is reasonably necessary to investigate an actual or suspected violation of any traffic law committed in the officer’s presence and may serve a copy of the traffic complaint for any alleged civil or criminal traffic violation. A peace officer who serves a copy of the traffic complaint shall do so within a reasonable time of the alleged criminal or civil traffic violation.

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

23-212. 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

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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) 33 applicable 34 (v) 35 (vi) 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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Whether the employer made good faith efforts to comply with any requirements. The duration of the violation.

The role of the directors, officers or principals of the employer

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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. 43 OFFICERS 44 2. 45 EMPLOYER

THE IDEA OF COMMITTING THE VIOLATION STARTED WITH LAW ENFORCEMENT OR THEIR AGENTS RATHER THAN WITH THE EMPLOYER.

THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE 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 11 12 read: 13

14 15 16 17 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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EMPLOYER HAS PROVEN ENTRAPMENT.

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

23-212.01. 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.

1 2 3 4 5 6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44

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.

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S.B. 1070

Whether the employer made good faith efforts to comply with any requirements. The duration of the violation.

1 (iv) 2 applicable 3 (v) 4 (vi) 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

The role of the directors, officers or principals of 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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S.B. 1070

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. 35 OFFICERS 36 2. 37 EMPLOYER 38 3. 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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THE IDEA OF COMMITTING THE VIOLATION STARTED WITH LAW ENFORCEMENT OR THEIR AGENTS RATHER THAN WITH THE EMPLOYER.

THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE TO COMMIT THE VIOLATION.

THE EMPLOYER WAS NOT PREDISPOSED TO COMMIT THE VIOLATION BEFORE THE

S.B. 1070

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

2 IF AN 3 4 5

EMPLOYER HAS PROVEN ENTRAPMENT.

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

23-214. Verification of employment eligibility; e-verify program; economic development incentives; list of registered employers

A.

6 7 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

After December 31, 2007, every employer, after hiring an employee,

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 3 4 5 6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43

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. IN FURTHERANCE OF THE ILLEGAL PRESENCE OF AN ALIEN IN THE UNITED STATES AND IN VIOLATION OF A CRIMINAL OFFENSE, THE PERSON IS TRANSPORTING OR MOVING OR ATTEMPTING TO TRANSPORT OR MOVE 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.

5. THE PERSON IS CONCEALING, HARBORING OR SHIELDING OR ATTEMPTING TO CONCEAL, HARBOR OR SHIELD FROM DETECTION AN ALIEN IN THIS STATE IN A VEHICLE IF THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE FACT THAT THE ALIEN HAS COME TO, 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.

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S.B. 1070

1 2 3 4 5 6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44

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.

Sec. 11. Title 41, chapter 12, article 2, Arizona Revised Statutes, is amended by adding section 41-1724, to read:

41-1724. Gang and immigration intelligence team enforcement mission fund

THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION FUND IS ESTABLISHED CONSISTING OF MONIES DEPOSITED PURSUANT TO SECTION 11-1051 AND MONIES APPROPRIATED BY THE LEGISLATURE. THE DEPARTMENT SHALL ADMINISTER THE FUND. MONIES IN THE FUND ARE SUBJECT TO LEGISLATIVE APPROPRIATION AND SHALL BE USED FOR GANG AND IMMIGRATION ENFORCEMENT AND FOR COUNTY JAIL REIMBURSEMENT COSTS RELATING TO ILLEGAL IMMIGRATION.

Sec. 12. 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.

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1 2 3 4 5 6 7

D. Nothing in this act shall implement or shall be construed or interpreted to implement or establish the REAL ID act of 2005 (P.L. 109-13, division B; 119 Stat. 302) including the use of a radio frequency identification chip.

Sec. 13. Short title

This act may be cited as the “Support Our Law Enforcement and Safe Neighborhoods Act”.

Sec. 14. Intent

All your citizens are belong to us.

23 Comments


  1. Robert Cline
    May 20, 2010

    Please stand up and be STRONG for YOUR LAW!!!!!!!!!


  2. terry hone
    May 21, 2010

    i think every state should do the same


  3. Pete Hernandez
    May 21, 2010

    This should have been done years ago. States need to take charge and limit Federal control.


  4. Ronan James
    May 21, 2010

    We frequently travel to American friendly Costa Rica. We were stopped while driving to show proof that we had valid passports and were in the country leagally. I see nothing wrong with this type of profililing. We were not breaking any law but were obviously Americans driving a rented vehicle. The Arizona law does not allow for random checks as does most other countries. We need to follow the lead of our neighbors who appear to be much smarter than we are while protecting our boarders.


  5. Dale Meyers
    May 21, 2010

    Wow Mr. President, Even I Obtained a copy of the bill. Thank you Mr. Gore.


  6. Ken
    May 22, 2010

    If you don’t have anything to hide, then you don’t need to worry. I don’t find anything wrong with this. If there’s no deterent, then who going to be concerned about breaking the law.


  7. wera
    May 31, 2010

    eFF dat 1070 we all hav da right 2 fight fo wut we dream ppl dnt kum 2 da US 2 fuk up…dere da hardest wrkn ppl! we juz b on our grind

    -DeY CaNT DePORT uZ aLL!!!!!!!!! N DAZ A BET

  8. [...] legislature voted this into effect , which she then signed into law. Now that very same bill SB 1070 will be challenged by the Justice Department and INS jointly in the Federal Court System . Now [...]

  9. [...] legislature voted this into effect , which she then signed into law. Now that very same bill SB 1070 will be challenged by the Justice Department and INS jointly in the Federal Court System . Now [...]


  10. MVN
    Jul 21, 2010

    [...] legislature voted this into effect , which she then signed into law. Now that very same bill SB 1070 will be challenged by the Justice Department and INS jointly in the Federal Court System . Now [...]


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  12. Mark
    Jul 28, 2010

    God Bless America, I hope everything work for the best…


  13. USA citizen
    Jul 28, 2010

    This country is maid for and by immigrants. We are all human, get rid of the criminals, but the working illegals are only helping the economy get rid of them and lets see what happens to this contry. I can tell you one thing I will not leave my good and comfortable job to take theres. And most people wount either so lets try it and see what will happens. We all need the illegals just like they need us so be thankfull that they are taking those jobs that none of us will do.

  14. [...] This post was mentioned on Twitter by Cole, Karen (Lizzy) D., Karen (Lizzy) D., Parker Briden, Parker Briden and others. Parker Briden said: @nNomad_ That's a summary not the actual text! Read the real thing here. http://bit.ly/96MUwg #tcot #p2 #topprog [...]

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    we like to honor other sites on the web, even if they aren’t related to us, by linking to them. Below are some…

  16. [...] decision. The injunction, or in other words, the order preventing the implementation of portions of SB 1070, included the invalidation [...]

  17. [...] decision. The injunction, or in other words, the order preventing the implementation of portions of SB 1070, included the invalidation [...]

  18. [...] at Arizona SB 1070 Tags: Arizona, SB1070, [...]

  19. [...] of this past week’s Supreme Court decision invalidating much of Arizona’s landmark immigration enforcement law, with the exception of Section 2(b), i.e. the clause empowering local police to ascertain [...]

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  21. [...] revealed his new program, the Supreme Court issued its long-awaited decision on Arizona’s SB 1070. Arizona had enacted a repressive law aimed at “attrition [of undocumented immigrants] [...]

  22. [...] the law, but upheld the provision requiring immigration status checks during law enforcement stops. This portion of the law, commonly called the “show me your papers” provision, requires that state law enforcement [...]


  23. Joe Zamora
    Nov 23, 2012

    Anybody who breaks a rule or lies about anything to save or to make some money thinks for at least one thought about what they do is against U.S. law. That poor little kid in a border restaurant selling packs of cheap gum is related to the owners, lives upstairs, and the owners do not allow any other children to sell anything or ask for change. I was there when they wrote the rules on bull-spit. Is the risk of getting caught worth the adventure of getting away with a crime or the money involved? They have immigration in Mexico and other Latin American countries also. These persons who squawk and those who defend what they do (not them as humans I am human also) do not know about the extortion, the beatings, and sometimes killings of immigrants in Mexico who go there to work. Mexican Indians also get an equal amount of cruel treatment by government officials, police, and fellow workers or supervisors on the job. Not only do they take immigrant’s, (In Mexico) money, but they also charge them every payday for protection against deportation. So, when I hear that lost babes in the woods song I am the first to join in singing baratone, ” Why you do it is your decision, but you still do it, and you got caught.” What, is any immigrant who does not follow the rules special? I have family in Mexico who disowned me for joining the military, and because I disagree with relatives who sneak into Texas to drive stolen cars back into border towns of Mexico. And the owners of these cars, who feels sorry for them. Ask me why I won’t do a lot of things, like buy something stolen off of the streets, and my only reply is because it’s wrong and it’s also against the law. Illegal immigrants keep the cost of goods and services down, and they also work for greedy people who exploit them while undercutting the competition. Those are the main criminals, the ones who hire these people, the ones who exploit them, and the ones who don’t care about anybody else. Illegal immigrants are people also, I am aware of this, but I also have a right to boycott any business that employs illegal immigrants simply because these businesses should be hiring students, dropouts, and ex-convicts. Hire people, I agree, but pay them, and make sure that you do the right thing by you, by them, and by the laws of your state and country. You can quote me.

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