ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

House: GOV DPA 6-5-0-0

HB 2598: sanctuary jurisdiction; liability; civil action

Sponsor:  Representative Roberts, LD 11

Caucus & COW

Overview

Mandates that all Arizona agencies and local jurisdictions comply with a valid immigration detainer as requested by the federal government.

History

Current law prohibits an official or agency of this state or a county, city, town or other political subdivision from limiting or restricting the enforcement of federal immigration laws to less than the full extent allowed by federal law.

A legal resident of Arizona may bring an action in superior court to challenge any agency or official of this state or a county, city, town or other political subdivision of this state that adopts or implements a policy that restricts or limits the enforcement of federal immigration laws (A.R.S. § 11-1051).

Provisions

1.    Requires officials and agencies of this state and counties, cities, towns and other political subdivisions of this state, including law enforcement officers, to comply with a valid immigration detainer requested by the federal government or their authorized agent. (Sec. 1)

2.    Prescribes a civil penalty for officials, state agencies or law enforcement officers who intentionally or knowingly fail to comply with a valid immigration detainer. (Sec. 1)

3.    Authorizes the Arizona Attorney General or appropriate county attorney to commence an action in superior court if they find cause to believe that an entity is not complying with a valid immigration detainer as requested by federal officials. (Sec. 1)

4.    Allows an individual (or family member if the individual is deceased) to bring an action for damages against a county, city, town or other political subdivision of this state that is a sanctuary jurisdiction if all of the following apply:

a)    The individual is the victim of sexual assault, murder or any other felony;

b)    An alien was arrested, convicted and sentenced to a term of imprisonment of at least one year for the sexual assault, murder or other felony;

c)    The county, city, town or other political subdivision, within 10 years before the offense occurred, intentionally or knowingly failed to either:

i.      Comply with a lawful request with respect to the alien and a detainer for, or notice about the release of, the alien; or

ii.     Contact the federal government to determine the immigration status of the alien. (Sec. 2)

5.    Directs the court to award the prevailing party the costs and reasonable attorney fees. (Sec. 2)

6.    States that the clerk of the court in which the legal proceedings are held must notify the State Treasurer of the judgement if a county, city, town or other political subdivision is found responsible pursuant to this Act. (Sec. 2)

7.    Specifies that the State Treasurer must prepare an itemized claim against the pertinent jurisdiction for the costs of incarceration of the alien in the Arizona Department of Corrections as a result of the criminal case. (Sec. 2)

8.    Requires the claim to be sent to the city, town, county or other political subdivision for payment and upon receipt, the claim must be payed to the State Treasurer. (Sec. 2)

9.    Instructs the State Treasurer to deposit the monies in the state General Fund. (Sec. 2)

10.  Defines alien and sanctuary jurisdiction. (Sec. 2)

11.  ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteMakes technical and conforming changes. (Sec. 1)

Amendments

Committee on Government

1.    Specifies that the state Department of Corrections must also be notified of a judgement.

2.    Directs the state Department of Corrections to prepare the itemized claim, rather than the State Treasurer.

3.    Stipulates that a copy of the claim must be provided to the State Treasurer.

4.    Requires the city, town or county to pay the State Treasurer within 90 days of receiving the certified claim.

5.    Instructs the State Treasurer to notify the city, town or county and the state Department of Corrections of the payment upon receipt of such payment.

6.    Specifies that if the city, town or county does not pay the State Treasurer in a timely manner, they will withhold their state shared revenues and must continue withholding this revenue until the monies are paid.

7.    Directs the State Treasurer to redistribute the monies withheld among all other cities, towns and counties proportionally by their population.

8.    Prohibits the State Treasurer from withholding any amount that the city, town or county certifies as being necessary to make required deposits or payments for debt service on bonds.

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12.  Initials SJ              Caucus & COW

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