House Engrossed Senate Bill

 

human smuggling; electronic applications

(now:  electronic applications; human smuggling)

 

 

 

 

State of Arizona

Senate

Fifty-sixth Legislature

First Regular Session

2023

 

 

 

SENATE BILL 1408

 

 

 

An Act

 

amending title 13, chapter 23, Arizona Revised Statutes, by adding section 13-2324; relating to smuggling.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 13, chapter 23, Arizona Revised Statutes, is amended by adding section 13-2324, to read:

START_STATUTE13-2324. Unlawful use of an electronic device to smuggle; classification; definition

A. It is unlawful for a person to use a telephone or computer application or program to knowingly assist in the smuggling of human beings.

B. Chapter 10 of this title does not apply to a violation of this section.

C. A violation of this section is a class 2 felony and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any other basis, except as specifically authorized pursuant to section 31-233, subsection A or B until the sentence imposed by the court is served, the person is eligible for release pursuant to SECTION 41-1604.07 or the sentence is commuted.

D. For the purposes of this section, "smuggling of human beings" means the transportation, procurement of transportation or use of property or real property by a person or an entity with the intent to do either of the following:

1. Conceal the person from a peace officer.

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