HB2632 - 492R - House Bill Summary

House of Representatives

HB 2632

immigration; law enforcement; safe neighborhoods.

Sponsors: Representatives Gowan, Antenori, Burges, et al.

DPA	Committee on Military Affairs and Public Safety
W/D	Committee on Government
DPA	Caucus and COW
X	House Engrossed

HB 2632 makes changes to laws relating to the enforcement on immigration laws, trespassing by illegal aliens, day laborers, harboring or transporting illegal aliens and employer sanctions.

History

8 U.S.C. § 1373(c) requires Immigration and Customs Enforcement (ICE) to respond to inquiries by federal, state, or local government agencies seeking to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by law, by providing the requested verification or status information.

Currently, Arizona Revised Statutes Title 13, Section 1504 states that a person commits criminal trespass in the first degree by knowingly entering or remaining unlawfully:

In or on a residential structure.
In a fenced residential yard.
On any residential yard and, without lawful authority, looking into the residential structure thereon in reckless disregard of infringing on the inhabitant's right of privacy.
On real property that is subject to a valid mineral claim or lease with the intent to hold, work, take or explore for minerals on the claim or lease.
On the property of another and burning, defacing, mutilating or otherwise desecrating a religious symbol or other religious property.
In or on a critical public service facility.

Criminal trespass in the first degree committed by entering or remaining unlawfully in relation to a residential structure, for the purpose of negatively affecting religious articles or a critical public service facility is a class 6 felony. Offenses under the remaining circumstances are class 1 misdemeanors.

Laws 2007, Ch. 279 enacted the Legal Arizona Workers Act (Act). The Act: expands aggravated taking the identity of another person or entity to include the intent to obtain employment; prohibits an employer from intentionally employing an unauthorized alien or knowingly employing an unauthorized alien; requires the Attorney General (AG) or county attorney to investigate complaints and classifies filing a false and frivolous complaint as a class 3 misdemeanor; provides for license suspension for the first violation; requires license revocation on a second violation during a probationary period; and after December 31, 2007, requires every employer to utilize E-Verify to verify employment eligibility. Laws 2008, Chapter 152 further amended the Act.

Provisions

Enforcement of Federal Immigration Law

· Prohibits officials and agencies of counties, municipalities and political subdivisions from adopting a policy that does not permit enforcement of the federal immigration laws to the full extent permitted by federal law.

· Requires officials and agencies to reasonably attempt to determine the immigration status of a person involved in a legitimate contact where reasonable suspicion exists regarding the immigration status of the person.

· Stipulates that if a person arrested is an alien, the person’s immigration status must be verified with the federal government.

· If the person is convicted of any state or local law, on discharge from imprisonment or any fine imposed, the person must be transferred to ICE or U.S. Customs and Border Protection (CBP).

· Authorizes a law enforcement officer to arrest a person if the officer has probable cause to believe that the person has committed any public offense that makes the person removable from the U.S. without a warrant.

· Prohibits, except as provided in federal law, officials and agencies of counties, cities and towns from being prevented or restricted from sending, receiving or maintaining information relating to the immigration status, of any individual or exchanging that information with another governmental entity for the following official purposes:

Ø Determination of eligibility for any federal, state or local public benefit, service or license that is restricted on the basis of immigration status.

Ø Verification of any claim of legal domicile if legal domicile is required by law or contract.

Ø Confirmation of the identity of any person who is detained.

Ø If the person is an alien, determining whether the person in compliance with federal registration laws.

· Allows a person to bring an action in superior court to challenge officials, agencies or personnel of counties, cities, towns and the state that adopt or implement a policy the enforcement of federal immigration laws to the full extent permitted by federal law.

· Allows the court to order any of the following, if there is a judicial finding of a violation:

Ø That state funding is withheld until the policy is rescinded.

Ø That the entity pays a civil penalty not to exceed $5,000 for each day that the policy has remained in effect after it has been found to be violating these provisions.

· States that the court will collect the penalty and transmit the collected monies to the Department of Public Safety for deposit in the Gang and Immigration Intelligence Team Enforcement Mission (GIITEM) Fund.

· Stipulates that monies in the sub-account are subject to legislative appropriation for distribution for gang and immigration enforcement and for county jail costs relating to illegal immigration.

· Indemnifies officers against actions brought under these provisions, except if the officer has been found to have acted in bad faith.

· Stipulates that these provisions are to be implemented consistent with federal immigration law protecting the civil right of all persons and respecting the privileges and immunities of US citizens.

Trespassing by an Illegal Alien

· Specifies that in addition to any violation of federal law, a person is guilty of trespassing if the person is present on public or private land and in violation of 8 U.S.C. § 1304(e) or 1306(a).

· Stipulates that the final determination of immigration status must be made by either:

Ø A law enforcement officer who is authorized to verify or ascertain an alien’s immigration status.

Ø A law enforcement officer or agency communicating with ICE or CBP.

· Prevents a person convicted of the new offense from being eligible for suspension or commutation of sentence or release on any basis until the sentence is served.

· Requires the court to order the person to pay jail costs and an additional assessment of:

Ø At least $500 for a first offense.

Ø Twice the amount the person was ordered to pay for the first offense if this is the second or subsequent offense.

· States that the court will collect the assessments and transmit the collected monies to the Department of Public Safety for deposit in a special sub-account of the account established for GIITEM.

· Stipulates that monies in the sub-account are subject to legislative appropriation for distribution for gang and immigration enforcement and for county jail costs relating to illegal immigration.

· Makes a first offense a class 1 misdemeanor.

· Increases the penalty to a class 3 felony if the person commits the offense while in possession of:

Ø A dangerous drug (A.R.S. § 13-3401).

Ø Precursor chemicals used to manufacture methamphetamine (A.R.S. § 13-3404.01).

Ø A deadly weapon (A.R.S. § 13-3101).

Ø A dangerous instrument (A.R.S. § 13-105).

Ø Property used for committing an act of terrorism (A.R.S. § 13-2308.01).

· Makes violations a class 4 felony if either:

Ø It is a second or subsequent violation.

Ø Within 60 days, the person has been removed from the U.S. either under 8 U.S.C. § 1229a or 8 U.S.C. § 1229c.

Unlawfully Picking up Passengers for Work

· Specifies that it is a class 1 misdemeanor 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.

· Specifies that it is a class 1 misdemeanor 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.

· Specifies that it is a class 1 misdemeanor for a person who is unlawfully present 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.

· Defines solicit and unauthorized alien.

Unlawfully Transporting or Harboring Unlawful Aliens

· Stipulates that it is unlawful for a person to:

Ø Transport or move an alien in a means of transportation, or attempt to do so, if the person knows or recklessly disregards the fact that the alien is here unlawfully.

Ø Conceal, harbor or shield an alien, or attempt to, if the person knows or recklessly disregards the fact that the alien is here unlawfully.

Ø Encourage or induce an alien to come to this state if the person knows or recklessly disregards the fact that doing so would be a violation of law.

· Stipulates that these provisions do not apply to persons acting in the capacity of a first responder, ambulance attendant or an emergency medical technician and that are transporting or moving an alien in relation to emergency medical services.

· Specifies that a means of transportation used in a violation of these provisions is subject to mandatory vehicle immobilization or impoundment.

· Stipulates that violators are guilty of a class 1 misdemeanor and subject to a fine of at least $1,000. However, a violation involving 10 or more illegal aliens is a class 6 felony and subject to a fine of at least $1,000 for each alien involved.

· Requires a peace officer to immobilize or impound a vehicle if the officer determines that the person driving the vehicle is transporting, moving, concealing, harboring or shielding an alien in this state, or attempting to do so, if the person knows or recklessly disregards the fact that the alien is here unlawfully.

Employer Sanctions

· Provides employers with the affirmative defense that they were entrapped if they meet certain criteria.

· Stipulates that an employer is not entrapped if the employer was predisposed to violate the law and law enforcement merely provided the employer with the opportunity. Additionally, it is not entrapment for law enforcement to use a ruse to conceal their identities.

· Requires employers to keep a record of the employment verification from E-verify for the duration of an employee’s employment, or three years, whichever is longer.

Miscellaneous

· Contains intent and severability clauses.

· Authorizes peace officers to lawfully stop a person if they have reasonable suspicion to believe the person is in violation of a civil traffic offense and human smuggling laws.

· Specifies that this act may be cited as the “Support Our Law Enforcement and Safe Neighborhoods Act.”

· Establishes the GIITEM fund (fund) and directs monies collected from penalties resulting from policies limiting the enforcement of federal immigration law to the fund.

· Requires the Arizona Department of Public Safety to administer the fund, which is subject to legislative appropriation and is to be used for gang and immigration enforcement and for county jail reimbursement for costs relating to illegal immigration.

· Makes technical and conforming changes.

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· Forty-ninth Legislature