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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
transnational repression; foreign adversaries
Purpose
Establishes sentencing enhancements for crimes committed by an agent of a foreign government or a foreign terrorist organization and requires the Department of Public Safety (DPS) to establish a Transnational Repression Recognition and Response Training Program (Program).
Background
The Arizona Counter Terrorism Information Center (ACTIC) was established in 2004 to support homeland security and is jointly operated by DPS, the Arizona Department of Homeland Security and the Federal Bureau of Investigation. ACTIC is tasked with the protection of citizens and critical infrastructure of Arizona by enhancing and coordinating counter-terrorism intelligence, and other investigative support efforts among local, state and federal law enforcement agencies (DPS).
The federal Foreign Agents Registration Act (FARA) requires individuals doing political or advocacy work on behalf of foreign entities in the United States to register with the U.S. Department of Justice and to disclose the foreign agent's relationship, activities, receipts and disbursements in support of the foreign agent's activities. FARA requires the U.S. Attorney General to maintain a public database of registration statements. Individuals who willfully violate FARA or associated regulations are subject to fines up to $10,000 and imprisonment up to five years (22 U.S.C. ยงยง 612, 615 and 618).
According to the Joint Legislative Budget Committee, H.B. 2374 would increase operating costs for the Arizona Department of Corrections, Rehabilitation and Reentry if individuals convicted under new or enhanced sentencing requirements spend more time in prison that currently required by law. DPS estimates one-time costs of $250,000 in FY 26 and $100,000 ongoing to establish and maintain the required training program (JLBC fiscal note).
Provisions
1. Requires a person to be sentenced to the next higher class of offense than the person is currently convicted for if the person:
a) is convicted of stalking, threatening or intimidating, harassment, assault or aggravated assault;
b) is an agent of a foreign government or a foreign terrorist organization, and who intentionally acts at the direction of or on behalf of that entity in the commission of the offense; and
c) during the commission of the offense, the person:
i. coerces another person to act on behalf of the foreign government or foreign terrorist organization;
ii. coerces another person to leave the United States;
iii. coerces a person to cause another person to leave the United States;
iv. restricts another person from engaging in protected conduct; or
v. retaliates against another person for engaging in protected conduct.
2. Classifies, as a class 2 felony, intentionally engaging in law enforcement activity without knowledge and approval of a federal or state law enforcement agency, when intentionally acting as an agent for a foreign government or foreign terrorist organization.
3. Requires DPS to establish the Program to offer peace officers and other law enforcement officers specialized training.
4. Requires DPS to contract with an organization that has experience in developing and implementing transnational repression recognition and response training to develop the curriculum.
5. Requires DPS to establish and oversee the process for selecting program participants and certifying program participants who successfully complete the training.
6. Requires the Program to be updated every year to address emerging threats and specific information on tactics that are used by specific foreign governments.
7. Requires the Program to include:
a) how to identify different tactics of transnational repression in physical and nonphysical forms;
b) information on the governments that are known to employ transnational repression, including those governments that use transnational repression most frequently and most egregiously;
c) tools of digital surveillance and other cyber tools that are frequently used to carry out repression activities;
d) best practices for appropriate local and state law enforcement, prevention, reporting and response tactics; and
e) information about communities that may be targeted by transnational repression and misinformation that may be perpetuated by foreign governments and foreign terrorist organizations.
8. Prohibits the Program from including any training on misinformation or promoting the targeting of any person based on political or religious beliefs.
9. Defines foreign government agent as an agent who is directed or controlled by a foreign government or the proxies of that foreign government.
10. Defines foreign government organization agent as an agent who is directed or controlled by a foreign terrorist organization or the proxies of that foreign terrorist organization.
11. Defines protected conduct as conduct that is lawful under federal or state law, including free exercise of religion, free speech, whether oral or written or in print or digital form, on a matter of public interest or concern, petitioning any federal or state government entity for redress of grievances, and peaceful assembly.
12. Defines law enforcement activity as undertaking a criminal investigation at the direction of the prosecutor or a police officer of a foreign government.
13. Contains a severability clause.
14. Becomes effective on the general effective date.
House Action
JUD 2/5/25 DPA 6-3-0-0
3rd Read 2/26/25 35-25-0
Prepared by Senate Research
March 17, 2025
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