ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session
	House: JUD DPA 6-3-0-0

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HB 2374: transnational repression; foreign adversaries

Sponsor: Representative Nguyen, LD 1

House Engrossed

Overview

Enhances penalties for certain crimes committed by a foreign government agent and foreign terrorist organization agent (foreign agent) and prohibits unauthorized foreign law enforcement activities in Arizona. Additionally, instructs the Arizona Department of Public Safety (DPS) to create a Transnational Repression Recognition and Response Training Program (Training Program) for peace officers.

History

The Criminal Code defines stalking as intentionally or knowingly engaging in conduct directed at another individual that causes reasonable fear for personal safety or fear of property damage (A.R.S. § 13-2923). Threatening or intimidating is defined as causing a victim to fear physical injury or serious damage to property (A.R.S. § 13-1202). Harassment is defined as knowingly and repeatedly committing harassing acts (A.R.S. § 13-2921). Assault is defined as intentionally, knowingly or recklessly causing physical injury or touching another with such intent (A.R.S. § 13-1203). Aggravated assault is an elevation of assault caused by committing assault with some additional factor, such as using a deadly weapon or causing serious physical injury (A.R.S. § 13-1204).

Provisions

Sentencing enhancement for Transnational Repression

1. Creates a sentencing enhancement that elevates the classification of certain offences — namely, stalking, threatening or intimidating, harassment, assault or aggravated assault — by one class higher than they would otherwise be charged if:

a) the offender is a foreign agent and is intentionally acting at the direction or on behalf of that foreign entity, and

b) the offender does any of the following:

i. coercing another person to act on behalf of the foreign government or foreign terrorist organization;

ii. coercing another person to leave the United States;

iii. coercing a person to cause a third party to leave the United States;

iv. restricting another person from engaging in protected conduct; or

v. retaliating against another person for engaging in protected conduct. (Sec. 1)

2. Defines protected conduct as lawful conduct under federal or state law, including:

a) free exercise of religion;

b) free speech;

c) petitioning the government; and

d) peaceful assembly. (Sec. 1)

Unlawful Foreign Law Enforcement Activity

3. Makes it unlawful for a person acting as a foreign agent to intentionally engage in law enforcement activity, without the knowledge and approval of a federal or state law enforcement agency. (Sec. 2)

4. Classifies unlawful foreign law enforcement activity as a class 2 felony. (Sec. 2)

Transnational Repression Recognition and Response Training Program (Training Program)

5. Instructs DPS to establish the Training Program for peace officers and other law enforcement officers. (Sec. 3)

6. Directs DPS to contract with an organization experienced in developing such training to create the Training Program's curriculum. (Sec. 3)

7. Instructs DPS to update the Training Program annually to address emerging threats and specific tactics used by foreign governments. (Sec. 3)

8. Requires the Training Program to include the following:

a) identifying transnational repression tactics in both physical and nonphysical form;

b) information on the governments known to employ transnational repression, including their common digital surveillance and cyber tactics;

c) best practices for local and state law enforcement to prevent, report and respond to transnational repression; and

d) information about communities that may be targeted by transnational repression, and misinformation that may be perpetuated by foreign governments and foreign terrorist organizations. (Sec. 3)

9. Prohibits the Training Program from including any training on misinformation and from promoting the targeting of any person based on political or religious beliefs. (Sec. 3)

Miscellaneous

10. Defines foreign government agent, foreign terrorist organization agent, and law enforcement activity. (Sec. 1, 2)

11. Contains a severability clause. (Sec. 4)

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                        HB 2374

Initials NM    Page 0 House Engrossed

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