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REFERENCE TITLE: unlawful reentry; classification |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HB 2773 |
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Introduced by Representatives Driggs, Crandall, Gowan, Seel: Antenori, Barto, Murphy
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AN ACT
amending title 13, chapter 23, Arizona Revised Statutes, by adding section 13-2323; amending section 13-3906, Arizona Revised Statutes; Relating to Unlawful reentry of aliens.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 23, Arizona Revised Statutes, is amended by adding section 13-2323, to read:
13-2323. Unlawful reentry by illegal aliens; classification
A. A person is guilty of unlawful reentry if the person is present on any public or private land in this state and Has previously been deported or removed from the United States or has departed the United States while an order of exclusion, deportation or removal was outstanding.
B. This section does not apply to a person who maintains authorization from the federal government to remain in the United States.
C. A violation of this section is a class 4 felony.
Sec. 2. Section 13-3906, Arizona Revised Statutes, is amended to read:
13-3906. Processing arrestees; citizenship determination; notice
A. Within twenty-four hours after a person is brought to a law enforcement agency for incarceration, the law enforcement agency shall inquire of the person and determine that person's country of citizenship. If the person is not a United States citizen, the law enforcement agency shall:
1. Notify the person's country of citizenship of the person's detention if the person does not waive notification or if the person's country of citizenship requires notification regardless of the person's waiver of notification.
2. Document the notification to the person's country of citizenship and any waiver of notification.
3. Transmit any information obtained pursuant to this section to the court and the prosecuting agency for the purpose of making a determination pursuant to section 13-2323, section 13‑3961, subsection A, paragraph 5 or section 13‑3967, subsection B, paragraph 11 or for any other lawful purpose.
4. Request information on whether the person has previously been deported or removed from the United States from a law enforcement officer or agency communicating with the United States immigration and customs enforcement or the United States border protection pursuant to 8 United States Code section 1373(c).
B. The failure or inability of a law enforcement agency to provide the notice required by this section does not:
1. Affect the admissibility of any statements, the voluntariness of a guilty plea or the validity of a conviction.
2. Afford a defendant any rights in any proceeding related to deportation, exclusion or denial of naturalization.