House Engrossed
transnational repression; foreign adversaries |
State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
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HOUSE BILL 2374 |
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An Act
amending title 13, chapter 7, Arizona Revised Statutes, by adding section 13-721; amending title 13, chapter 38, Arizona Revised Statutes, by adding article 15; amending title 41, chapter 12, article 2, Arizona Revised Statutes, by adding section 41-1735; relating to criminal investigation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 7, Arizona Revised Statutes, is amended by adding section 13-721, to read:
13-721. Sentencing enhancement for transnational repression; definitions
A. a
person who is convicted of stalking, threatening or intimidating, harassment,
assault or aggravated assault shall be sentenced for the next higher class of
offense than that for which the person currently is convicted if the person is
a foreign government agent or foreign terrorist organization agent, intentionally acts at the direction of or on
behalf of the foreign government or foreign terrorist organization in the commission of the offense and does any of the following at the direction
of or on behalf of the foreign government or foreign terrorist
organization during the cof the foreign
government or foreign terrorist organization during the commission
of the offense:
1. Coerces another person to act on behalf of the foreign government or foreign terrorist organization.
2. Coerces another person to leave the United States.
3. coerces a person to cause another person to leave the United States.
4. restricts another person from engaging in protected conduct.
5. Retaliates against another person for engaging in protected conduct.
B. for the purposes of this section:
1. "Foreign government agent" means an agent who is directed or controlled by a foreign government or the proxies of that foreign government.
2. "Foreign terrorist organization agent" means an agent who is directed or controlled by a foreign terrorist organization or the proxies of that foreign terrorist organization.
3. "Protected conduct" means conduct that is Lawful under federal or state law, including any of the following:
(a) Free exercise of religion.
(b) free Speech, whether oral or written or in print or digital form, on a matter of public interest or concern.
(c) Petitioning any federal or state government entity for redress of grievances.
(d) Peaceful assembly.
Sec. 2. Title 13, chapter 38, Arizona Revised Statutes, is amended by adding article 15, to read:
ARTICLE 15. FOREIGN LAW ENFORCEMENT
13-4006. Unlawful foreign law enforcement activity; classification; definitions
A. It is unlawful for a person, when intentionally acting as a foreign government agent or foreign terrorist organization agent, at the direction of or on behalf of the foreign government or foreign terrorist organization, to intentionally engage in law enforcement activity without the knowledge and approval of a federal or state law enforcement agency.
B. A person who violates this section is guilty of a class 2 felony.
C. for the purposes of this section:
1. "Foreign government agent" means an agent who is directed or controlled by a foreign government or the proxies of that foreign government.
2. "Foreign terrorist organization agent" means an agent who is directed or controlled by a foreign terrorist organization or the proxies of that foreign terrorist organization.
3. "LAW ENFORCEMENT
ACTIVITY" MEANS UNDERTAKING A CRIMINAL INVESTIGATION AT THE
DIRECTION OF THE PROSECUTOR OR a POLICE officer OF A FO3. “LAW
ENFORCEMENT ACTIVITY” MEANS UNDERTAKING A CRIMINAL INVESTIGATION AT THE
DIRECTION OF THE PROSECUTOR OR POLICE officer OF A FOREIGN
GOVERNMENT.
Sec. 3. Title 41, chapter 12, article 2, Arizona Revised Statutes, is amended by adding section 41-1735, to read:
41-1735. Transnational repression recognition and response training program
A. the department shall establish a transnational repression recognition and response training program to offer peace officers and other law enforcement officers specialized training. The department shall contract with an organization that has experience in developing and implementing transnational repression recognition and response training to develop the training curriculum. The department shall establish and oversee the process for selecting program participants and certifying program participants who successfully complete transnational repression recognition and response training. The training program shall be updated every year to address emerging threats and specific information on tactics that are used by specific foreign governments.
B. The training program shall include all of the following:
1. How to identify different tactics of transnational repression in physical and nonphysical forms.
2. information on the governments that are known to employ transnational repression, including those governments that use transnational repression most frequently and those governments that use transnational repression most egregiously. The training shall include information on tools of digital surveillance and other cyber tools that are frequently used to carry out transnational repression activities.
3. Best practices for appropriate local and state law enforcement prevention, reporting and response tactics.
4. Information about communities that may be targeted by transnational repression and misinformation that may be perpetuated by foreign governments and foreign terrorist organizations.
c. THE TRAINING
PROGRAM may NOT INCLUDE ANY TRAINING ON MITHE
TRAINING PROGRAM SHALL NOT INCLUDE ANY TRAINING ON MISINFORMATION
OR PROMOTE THE TARGETING OF ANY PERSON BASED ON POLITICAL OR RELIGIOUS BELIEFS.
Sec. 4. Severability
If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.