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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
criminal liability; enterprises
Purpose
Adds nongovernmental organizations in the definition of an enterprise for the purpose of determining criminal liability for an enterprise and subjects an enterprise to criminal liability for the offense of participating in a human smuggling organization or operation.
Background
A person commits
participating in a human smuggling organization or operation by:
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 conceal the person from a peace officer or assist the person with
fleeing from a peace officer who is attempting to lawfully arrest or detain the
person (A.R.S.
§ 13-2323).
An enterprise, which includes any corporation, association, labor union or other legal entity, commits an offense if: 1) the conduct constituting the offense consists of a failure to discharge a specific duty imposed by law; 2) the conduct undertaken in 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 in behalf of the enterprise and the offense is either a misdemeanor or petty offense or the offense is defined by a statute which imposes criminal liability on an enterprise (A.R.S. § 13-305).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Modifies the definition of enterprise within the context of the criminal code to include nongovernmental organizations.
2. Subjects an enterprise to criminal liability for the offense of participating in a human smuggling organization or operation
3. Becomes effective on the general effective date.
House Action
JUD 2/15/23 DP 5-3-0-0
3rd Read 3/1/23 31-28-1
Prepared by Senate Research
March 20, 2023
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