ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

House: JUD DP 5-3-0-0-0-0

HB 2754: criminal liability; enterprises

Sponsor: Representative Jones, LD 17

Caucus & COW

Overview

Includes nongovernmental organizations in the definition of an enterprise for purposes of criminal liability and subjects an enterprise to criminal liability for the the offense of participating in a human smuggling organization.

History

An enterprise, currently defined in A.R.S. § 13-105 as any corporation, association, labor union or other legal entity, is deemed to have committed a criminal offense if any of the following applies:

1) The conduct constituting the offense consists of a failure to discharge a specific duty imposed by law;

2) The conduct undertaken on behalf of the enterprise and constituting the offense is engaged in, authorized, solicited, commanded or recklessly tolerated by the directors of the enterprise in any manner or by a high managerial agent acting within the scope of employment; or

3) The conduct constituting the offense is engaged in by an agent of the enterprise while acting within the scope of employment and on behalf of the enterprise; and

a) The offense is a misdemeanor or petty offense; or

b) The offense is defined by a statute which imposes criminal liability on an enterprise.

Agent and high managerial agent are defined in statute (A.R.S. § 13-305).

A person commits participating in a human smuggling organization or operation by doing any of the following:

1) Intentionally or knowingly organizing, managing, directing, supervising, coordinating, facilitating, leading, assisting, participating in or financing a human smuggling organization or operation that furthers the criminal objectives of the human smuggling organization or operation;

2) Knowingly directing or instructing others to engage in violence or intimidation to promote or further the criminal objectives of a human smuggling organization or operation;

3) Furnishing advice or direction in the conduct, financing or management of a human smuggling organization's or operation's affairs with the intent to promote or further the criminal objectives of a human smuggling organization or operation;

4) Intentionally promoting or furthering the criminal objectives of a human smuggling organization or operation by inducing or committing any act or omission by a public servant in violation of the public servant's official duty; or

5) Knowingly assisting a human smuggling organization or operation by transporting a person, or procuring the transportation for a person, with the intent to do either of the following:

a) Conceal the person from a peace officer; or

b) Assist the person with fleeing from a peace officer who is attempting to lawfully arrest or detain the person.

Participating in a human smuggling organization or operation is a class 2 felony, and a person convicted of the offense is not eligible for suspension of sentence, probation, pardon or release from confinement, except in specific circumstances, until the imposed sentence has been served or commuted (A.R.S. § 13-2323).

Human smuggling organization and person, as well as the culpable mental states, which include intentionally and knowingly, are defined in A.R.S. § 13-105.

Provisions

1. Expands the definition of enterprise to include nongovernmental organizations. (Sec. 1)

2. Removes the requirement for an agent of an enterprise to be acting within the scope of employment when acting on behalf of the enterprise for purposes of enterprise liability. (Sec. 2)

3. Subjects an enterprise, in addition to a person, to criminal liability for the offense of participating in a human smuggling organization or operation. (Sec. 3)

4. Makes technical changes. (Sec. 2)

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8. HB 2754

9. Initials JL Page 0 Caucus & COW

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