ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

 

HB 2649: concurrent jurisdiction; Yuma proving ground

Sponsor: Representative Dunn, LD 13

Committee on Land, Agriculture & Rural Affairs

Overview

Designates the Yuma Proving Ground as a land where the United States and Arizona have concurrent criminal jurisdiction once the Governor grants such jurisdiction and a memorandum of understanding with the appropriate county sheriffs has been signed.

History

The Yuma Proving Ground is a U.S. Army proving ground used for long range artillery testing and is located in southwestern La Paz County and western Yuma County.

The Assimilative Crimes Act allows state laws to be enforceable on certain federal lands, such as military bases and installations, provided these lands have concurrent jurisdiction. For example, military police on a military base with concurrent jurisdiction can enforce both federal and state laws within the bounds of the base (18 U.S.C. § 13).

Some federally administered lands within Arizona, such as the Grand Canyon National Park and Hoover Dam, have concurrent criminal jurisdiction. To establish this jurisdiction, the federal government must submit a request and an accompanying legal description and plat of the area to the Governor. Upon the Governor's approval, Arizona can enter into a concurrent criminal jurisdiction agreement with the federal government. However, there is an additional requirement for the Barry M. Goldwater Range, which is administered by the Department of Defense. Specifically, concurrent criminal jurisdiction required a signed memorandum of understanding with the appropriate county sheriffs to clarify coordination matters and investigative agency responsibilities on specific crimes (A.R.S. § 37-2649).  

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteAdds the Yuma Proving Ground to the list of lands in which concurrent criminal jurisdiction exists between the United States and Arizona. (Sec. 1)

2.   Specifies that concurrent criminal jurisdiction is only effective after a memorandum of understanding has been completed with the appropriate county sheriffs. (Sec. 1)

3.   Makes technical changes. (Sec. 1)

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7.                     HB 2649

8.   Initials PAB/JH     Page 0 Land, Agriculture & Rural Affairs

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