May 18, 2010 5:42:55 PM EDT
Here is the bill
- i -
State of Arizona
Senate
Forty-ninth Legislature
Second Regular Session
2010
SENATE BILL 1070
AN ACT
AMENDING TITLE 11, CHAPTER 7, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 8;
AMENDING TITLE 13, CHAPTER 15, ARIZONA REVISED STATUTES, BY ADDING SECTION
13-1509; AMENDING SECTION 13-2319, ARIZONA REVISED STATUTES; AMENDING TITLE
13, CHAPTER 29, ARIZONA REVISED STATUTES, BY ADDING SECTIONS 13-2928 AND
13-2929; AMENDING SECTIONS 23-212, 23-212.01, 23-214 AND 28-3511, ARIZONA
REVISED STATUTES; AMENDING TITLE 41, CHAPTER 12, ARTICLE 2, ARIZONA REVISED
STATUTES, BY ADDING SECTION 41-1724; RELATING TO UNLAWFULLY PRESENT ALIENS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
S.B. 1070
- 1 -
Be it enacted by the Legislature of the State of Arizona: 1
Section 1. Intent 2
The legislature finds that there is a compelling interest in the 3
cooperative enforcement of federal immigration laws throughout all of 4
Arizona. The legislature declares that the intent of this act is to make 5
attrition through enforcement the public policy of all state and local 6
government agencies in Arizona. The provisions of this act are intended to 7
work together to discourage and deter the unlawful entry and presence of 8
aliens and economic activity by persons unlawfully present in the United 9
States. 10
Sec. 2. Title 11, chapter 7, Arizona Revised Statutes, is amended by 11
adding article 8, to read: 12
ARTICLE 8. ENFORCEMENT OF IMMIGRATION LAWS 13
11-1051. Cooperation and assistance in enforcement of 14
immigration laws; indemnification 15
A. NO OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR 16
OTHER POLITICAL SUBDIVISION OF THIS STATE MAY ADOPT A POLICY THAT LIMITS OR 17
RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL 18
EXTENT PERMITTED BY FEDERAL LAW. 19
B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY 20
OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS 21
STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS 22
UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE, 23
WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE 24
PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT 25
PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c). 26
C. IF AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES IS 27
CONVICTED OF A VIOLATION OF STATE OR LOCAL LAW, ON DISCHARGE FROM 28
IMPRISONMENT OR ASSESSMENT OF ANY FINE THAT IS IMPOSED, THE ALIEN SHALL BE 29
TRANSFERRED IMMEDIATELY TO THE CUSTODY OF THE UNITED STATES IMMIGRATION AND 30
CUSTOMS ENFORCEMENT OR THE UNITED STATES CUSTOMS AND BORDER PROTECTION. 31
D. NOTWITHSTANDING ANY OTHER LAW, A LAW ENFORCEMENT AGENCY MAY 32
SECURELY TRANSPORT AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES 33
AND WHO IS IN THE AGENCY'S CUSTODY TO A FEDERAL FACILITY IN THIS STATE OR TO 34
ANY OTHER POINT OF TRANSFER INTO FEDERAL CUSTODY THAT IS OUTSIDE THE 35
JURISDICTION OF THE LAW ENFORCEMENT AGENCY. 36
E. A LAW ENFORCEMENT OFFICER, WITHOUT A WARRANT, MAY ARREST A PERSON 37
IF THE OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT THE PERSON HAS COMMITTED 38
ANY PUBLIC OFFENSE THAT MAKES THE PERSON REMOVABLE FROM THE UNITED STATES. 39
F. EXCEPT AS PROVIDED IN FEDERAL LAW, OFFICIALS OR AGENCIES OF THIS 40
STATE AND COUNTIES, CITIES, TOWNS AND OTHER POLITICAL SUBDIVISIONS OF THIS 41
STATE MAY NOT BE PROHIBITED OR IN ANY WAY BE RESTRICTED FROM SENDING, 42
RECEIVING OR MAINTAINING INFORMATION RELATING TO THE IMMIGRATION STATUS OF 43
ANY INDIVIDUAL OR EXCHANGING THAT INFORMATION WITH ANY OTHER FEDERAL, STATE 44
OR LOCAL GOVERNMENTAL ENTITY FOR THE FOLLOWING OFFICIAL PURPOSES: 45
S.B. 1070
- 2 -
1. DETERMINING ELIGIBILITY FOR ANY PUBLIC BENEFIT, SERVICE OR LICENSE 1
PROVIDED BY ANY FEDERAL, STATE, LOCAL OR OTHER POLITICAL SUBDIVISION OF THIS 2
STATE. 3
2. VERIFYING ANY CLAIM OF RESIDENCE OR DOMICILE IF DETERMINATION OF 4
RESIDENCE OR DOMICILE IS REQUIRED UNDER THE LAWS OF THIS STATE OR A JUDICIAL 5
ORDER ISSUED PURSUANT TO A CIVIL OR CRIMINAL PROCEEDING IN THIS STATE. 6
3. CONFIRMING THE IDENTITY OF ANY PERSON WHO IS DETAINED. 7
4. IF THE PERSON IS AN ALIEN, DETERMINING WHETHER THE PERSON IS IN 8
COMPLIANCE WITH THE FEDERAL REGISTRATION LAWS PRESCRIBED BY TITLE II, CHAPTER 9
7 OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT. 10
G. A PERSON MAY BRING AN ACTION IN SUPERIOR COURT TO CHALLENGE ANY 11
OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL 12
SUBDIVISION OF THIS STATE THAT ADOPTS OR IMPLEMENTS A POLICY THAT LIMITS OR 13
RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL 14
EXTENT PERMITTED BY FEDERAL LAW. IF THERE IS A JUDICIAL FINDING THAT AN 15
ENTITY HAS VIOLATED THIS SECTION, THE COURT SHALL ORDER ANY OF THE FOLLOWING: 16
1. THAT THE PERSON WHO BROUGHT THE ACTION RECOVER COURT COSTS AND 17
ATTORNEY FEES. 18
2. THAT THE ENTITY PAY A CIVIL PENALTY OF NOT LESS THAN ONE THOUSAND 19
DOLLARS AND NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH DAY THAT THE POLICY 20
HAS REMAINED IN EFFECT AFTER THE FILING OF AN ACTION PURSUANT TO THIS 21
SUBSECTION. 22
H. A COURT SHALL COLLECT THE CIVIL PENALTY PRESCRIBED IN SUBSECTION G 23
AND REMIT THE CIVIL PENALTY TO THE DEPARTMENT OF PUBLIC SAFETY FOR DEPOSIT IN 24
THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION FUND 25
ESTABLISHED BY SECTION 41-1724. 26
I. A LAW ENFORCEMENT OFFICER IS INDEMNIFIED BY THE LAW ENFORCEMENT 27
OFFICER'S AGENCY AGAINST REASONABLE COSTS AND EXPENSES, INCLUDING ATTORNEY 28
FEES, INCURRED BY THE OFFICER IN CONNECTION WITH ANY ACTION, SUIT OR 29
PROCEEDING BROUGHT PURSUANT TO THIS SECTION TO WHICH THE OFFICER MAY BE A 30
PARTY BY REASON OF THE OFFICER BEING OR HAVING BEEN A MEMBER OF THE LAW 31
ENFORCEMENT AGENCY, EXCEPT IN RELATION TO MATTERS IN WHICH THE OFFICER IS 32
ADJUDGED TO HAVE ACTED IN BAD FAITH. 33
J. THIS SECTION SHALL BE IMPLEMENTED IN A MANNER CONSISTENT WITH 34
FEDERAL LAWS REGULATING IMMIGRATION, PROTECTING THE CIVIL RIGHTS OF ALL 35
PERSONS AND RESPECTING THE PRIVILEGES AND IMMUNITIES OF UNITED STATES 36
CITIZENS. 37
Sec. 3. Title 13, chapter 15, Arizona Revised Statutes, is amended by 38
adding section 13-1509, to read: 39
13-1509. Trespassing by illegal aliens; assessment; exception; 40
classification 41
A. IN ADDITION TO ANY VIOLATION OF FEDERAL LAW, A PERSON IS GUILTY OF 42
TRESPASSING IF THE PERSON IS BOTH: 43
1. PRESENT ON ANY PUBLIC OR PRIVATE LAND IN THIS STATE. 44
2. IN VIOLATION OF 8 UNITED STATES CODE SECTION 1304(e) OR 1306(a). 45
S.B. 1070
- 3 -
B. IN THE ENFORCEMENT OF THIS SECTION, THE FINAL DETERMINATION OF AN 1
ALIEN'S IMMIGRATION STATUS SHALL BE DETERMINED BY EITHER: 2
1. A LAW ENFORCEMENT OFFICER WHO IS AUTHORIZED BY THE FEDERAL 3
GOVERNMENT TO VERIFY OR ASCERTAIN AN ALIEN'S IMMIGRATION STATUS. 4
2. A LAW ENFORCEMENT OFFICER OR AGENCY COMMUNICATING WITH THE UNITED 5
STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OR THE UNITED STATES BORDER 6
PROTECTION PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c). 7
C. A PERSON WHO IS SENTENCED PURSUANT TO THIS SECTION IS NOT ELIGIBLE 8
FOR SUSPENSION OR COMMUTATION OF SENTENCE OR RELEASE ON ANY BASIS UNTIL THE 9
SENTENCE IMPOSED IS SERVED. 10
D. IN ADDITION TO ANY OTHER PENALTY PRESCRIBED BY LAW, THE COURT SHALL 11
ORDER THE PERSON TO PAY JAIL COSTS AND AN ADDITIONAL ASSESSMENT IN THE 12
FOLLOWING AMOUNTS: 13
1. AT LEAST FIVE HUNDRED DOLLARS FOR A FIRST VIOLATION. 14
2. TWICE THE AMOUNT SPECIFIED IN PARAGRAPH 1 OF THIS SUBSECTION IF THE 15
PERSON WAS PREVIOUSLY SUBJECT TO AN ASSESSMENT PURSUANT TO THIS SUBSECTION. 16
E. A COURT SHALL COLLECT THE ASSESSMENTS PRESCRIBED IN SUBSECTION D OF 17
THIS SECTION AND REMIT THE ASSESSMENTS TO THE DEPARTMENT OF PUBLIC SAFETY, 18
WHICH SHALL ESTABLISH A SPECIAL SUBACCOUNT FOR THE MONIES IN THE ACCOUNT 19
ESTABLISHED FOR THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT 20
MISSION APPROPRIATION. MONIES IN THE SPECIAL SUBACCOUNT ARE SUBJECT TO 21
LEGISLATIVE APPROPRIATION FOR DISTRIBUTION FOR GANG AND IMMIGRATION 22
ENFORCEMENT AND FOR COUNTY JAIL REIMBURSEMENT COSTS RELATING TO ILLEGAL 23
IMMIGRATION. 24
F. THIS SECTION DOES NOT APPLY TO A PERSON WHO MAINTAINS AUTHORIZATION 25
FROM THE FEDERAL GOVERNMENT TO REMAIN IN THE UNITED STATES. 26
G. A VIOLATION OF THIS SECTION IS A CLASS 1 MISDEMEANOR, EXCEPT THAT A 27
VIOLATION OF THIS SECTION IS: 28
1. A CLASS 3 FELONY IF THE PERSON VIOLATES THIS SECTION WHILE IN 29
POSSESSION OF ANY OF THE FOLLOWING: 30
(a) A DANGEROUS DRUG AS DEFINED IN SECTION 13-3401. 31
(b) PRECURSOR CHEMICALS THAT ARE USED IN THE MANUFACTURING OF 32
METHAMPHETAMINE IN VIOLATION OF SECTION 13-3404.01. 33
(c) A DEADLY WEAPON OR A DANGEROUS INSTRUMENT, AS DEFINED IN SECTION 34
13-105. 35
(d) PROPERTY THAT IS USED FOR THE PURPOSE OF COMMITTING AN ACT OF 36
TERRORISM AS PRESCRIBED IN SECTION 13-2308.01. 37
2. A CLASS 4 FELONY IF THE PERSON EITHER: 38
(a) IS CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF THIS SECTION. 39
(b) WITHIN SIXTY MONTHS BEFORE THE VIOLATION, HAS BEEN REMOVED FROM 40
THE UNITED STATES PURSUANT TO 8 UNITED STATES CODE SECTION 1229a OR HAS 41
ACCEPTED A VOLUNTARY REMOVAL FROM THE UNITED STATES PURSUANT TO 8 UNITED 42
STATES CODE SECTION 1229c. 43
S.B. 1070
- 4 -
Sec. 4. Section 13-2319, Arizona Revised Statutes, is amended to read: 1
13-2319. Smuggling; classification; definitions 2
A. It is unlawful for a person to intentionally engage in the 3
smuggling of human beings for profit or commercial purpose. 4
B. A violation of this section is a class 4 felony. 5
C. Notwithstanding subsection B of this section, a violation of this 6
section: 7
1. Is a class 2 felony if the human being who is smuggled is under 8
eighteen years of age and is not accompanied by a family member over eighteen 9
years of age or the offense involved the use of a deadly weapon or dangerous 10
instrument. 11
2. Is a class 3 felony if the offense involves the use or threatened 12
use of deadly physical force and the person is not eligible for suspension of 13
sentence, probation, pardon or release from confinement on any other basis 14
except pursuant to section 31-233, subsection A or B until the sentence 15
imposed by the court is served, the person is eligible for release pursuant 16
to section 41-1604.07 or the sentence is commuted. 17
D. Chapter 10 of this title does not apply to a violation of 18
subsection C, paragraph 1 of this section. 19
E. NOTWITHSTANDING ANY OTHER LAW, A PEACE OFFICER MAY LAWFULLY STOP 20
ANY PERSON WHO IS OPERATING A MOTOR VEHICLE IF THE OFFICER HAS REASONABLE 21
SUSPICION TO BELIEVE THE PERSON IS IN VIOLATION OF ANY CIVIL TRAFFIC LAW AND 22
THIS SECTION. 23
E. F. For the purposes of this section: 24
1. "Family member" means the person's parent, grandparent, sibling or 25
any other person who is related to the person by consanguinity or affinity to 26
the second degree. 27
2. "Procurement of transportation" means any participation in or 28
facilitation of transportation and includes: 29
(a) Providing services that facilitate transportation including travel 30
arrangement services or money transmission services. 31
(b) Providing property that facilitates transportation, including a 32
weapon, a vehicle or other means of transportation or false identification, 33
or selling, leasing, renting or otherwise making available a drop house as 34
defined in section 13-2322. 35
3. "Smuggling of human beings" means the transportation, procurement 36
of transportation or use of property or real property by a person or an 37
entity that knows or has reason to know that the person or persons 38
transported or to be transported are not United States citizens, permanent 39
resident aliens or persons otherwise lawfully in this state or have attempted 40
to enter, entered or remained in the United States in violation of law. 41
S.B. 1070
- 5 -
Sec. 5. Title 13, chapter 29, Arizona Revised Statutes, is amended by 1
adding sections 13-2928 and 13-2929, to read: 2
13-2928. Unlawful stopping to hire and pick up passengers for 3
work; unlawful application, solicitation or 4
employment; classification; definitions 5
A. IT IS UNLAWFUL FOR AN OCCUPANT OF A MOTOR VEHICLE THAT IS STOPPED 6
ON A STREET, ROADWAY OR HIGHWAY TO ATTEMPT TO HIRE OR HIRE AND PICK UP 7
PASSENGERS FOR WORK AT A DIFFERENT LOCATION IF THE MOTOR VEHICLE BLOCKS OR 8
IMPEDES THE NORMAL MOVEMENT OF TRAFFIC. 9
B. IT IS UNLAWFUL FOR A PERSON TO ENTER A MOTOR VEHICLE THAT IS 10
STOPPED ON A STREET, ROADWAY OR HIGHWAY IN ORDER TO BE HIRED BY AN OCCUPANT 11
OF THE MOTOR VEHICLE AND TO BE TRANSPORTED TO WORK AT A DIFFERENT LOCATION IF 12
THE MOTOR VEHICLE BLOCKS OR IMPEDES THE NORMAL MOVEMENT OF TRAFFIC. 13
C. IT IS UNLAWFUL FOR A PERSON WHO IS UNLAWFULLY PRESENT IN THE UNITED 14
STATES AND WHO IS AN UNAUTHORIZED ALIEN TO KNOWINGLY APPLY FOR WORK, SOLICIT 15
WORK IN A PUBLIC PLACE OR PERFORM WORK AS AN EMPLOYEE OR INDEPENDENT 16
CONTRACTOR IN THIS STATE. 17
D. A VIOLATION OF THIS SECTION IS A CLASS 1 MISDEMEANOR. 18
E. FOR THE PURPOSES OF THIS SECTION: 19
1. "SOLICIT" MEANS VERBAL OR NONVERBAL COMMUNICATION BY A GESTURE OR A 20
NOD THAT WOULD INDICATE TO A REASONABLE PERSON THAT A PERSON IS WILLING TO BE 21
EMPLOYED. 22
2. "UNAUTHORIZED ALIEN" MEANS AN ALIEN WHO DOES NOT HAVE THE LEGAL 23
RIGHT OR AUTHORIZATION UNDER FEDERAL LAW TO WORK IN THE UNITED STATES AS 24
DESCRIBED IN 8 UNITED STATES CODE SECTION 1324a(h)(3). 25
13-2929. Unlawful transporting, moving, concealing, harboring 26
or shielding of unlawful aliens; vehicle 27
impoundment; classification 28
A. IT IS UNLAWFUL FOR A PERSON WHO IS IN VIOLATION OF A CRIMINAL 29
OFFENSE TO: 30
1. TRANSPORT OR MOVE OR ATTEMPT TO TRANSPORT OR MOVE AN ALIEN IN THIS 31
STATE IN A MEANS OF TRANSPORTATION IF THE PERSON KNOWS OR RECKLESSLY 32
DISREGARDS THE FACT THAT THE ALIEN HAS COME TO, HAS ENTERED OR REMAINS IN THE 33
UNITED STATES IN VIOLATION OF LAW. 34
2. CONCEAL, HARBOR OR SHIELD OR ATTEMPT TO CONCEAL, HARBOR OR SHIELD 35
AN ALIEN FROM DETECTION IN ANY PLACE IN THIS STATE, INCLUDING ANY BUILDING OR 36
ANY MEANS OF TRANSPORTATION, IF THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE 37
FACT THAT THE ALIEN HAS COME TO, HAS ENTERED OR REMAINS IN THE UNITED STATES 38
IN VIOLATION OF LAW. 39
3. ENCOURAGE OR INDUCE AN ALIEN TO COME TO OR RESIDE IN THIS STATE IF 40
THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE FACT THAT SUCH COMING TO, 41
ENTERING OR RESIDING IN THIS STATE IS OR WILL BE IN VIOLATION OF LAW. 42
B. A MEANS OF TRANSPORTATION THAT IS USED IN THE COMMISSION OF A 43
VIOLATION OF THIS SECTION IS SUBJECT TO MANDATORY VEHICLE IMMOBILIZATION OR 44
IMPOUNDMENT PURSUANT TO SECTION 28-3511. 45
S.B. 1070
- 6 -
C. A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A CLASS 1 1
MISDEMEANOR AND IS SUBJECT TO A FINE OF AT LEAST ONE THOUSAND DOLLARS, EXCEPT 2
THAT A VIOLATION OF THIS SECTION THAT INVOLVES TEN OR MORE ILLEGAL ALIENS IS 3
A CLASS 6 FELONY AND THE PERSON IS SUBJECT TO A FINE OF AT LEAST ONE THOUSAND 4
DOLLARS FOR EACH ALIEN WHO IS INVOLVED. 5
Sec. 6. Section 23-212, Arizona Revised Statutes, is amended to read: 6
23-212. Knowingly employing unauthorized aliens; prohibition; 7
false and frivolous complaints; violation; 8
classification; license suspension and revocation; 9
affirmative defense 10
A. An employer shall not knowingly employ an unauthorized alien. If, 11
in the case when an employer uses a contract, subcontract or other 12
independent contractor agreement to obtain the labor of an alien in this 13
state, the employer knowingly contracts with an unauthorized alien or with a 14
person who employs or contracts with an unauthorized alien to perform the 15
labor, the employer violates this subsection. 16
B. The attorney general shall prescribe a complaint form for a person 17
to allege a violation of subsection A of this section. The complainant shall 18
not be required to list the complainant's social security number on the 19
complaint form or to have the complaint form notarized. On receipt of a 20
complaint on a prescribed complaint form that an employer allegedly knowingly 21
employs an unauthorized alien, the attorney general or county attorney shall 22
investigate whether the employer has violated subsection A of this section. 23
If a complaint is received but is not submitted on a prescribed complaint 24
form, the attorney general or county attorney may investigate whether the 25
employer has violated subsection A of this section. This subsection shall 26
not be construed to prohibit the filing of anonymous complaints that are not 27
submitted on a prescribed complaint form. The attorney general or county 28
attorney shall not investigate complaints that are based solely on race, 29
color or national origin. A complaint that is submitted to a county attorney 30
shall be submitted to the county attorney in the county in which the alleged 31
unauthorized alien is or was employed by the employer. The county sheriff or 32
any other local law enforcement agency may assist in investigating a 33
complaint. When investigating a complaint, the attorney general or county 34
attorney shall verify the work authorization of the alleged unauthorized 35
alien with the federal government pursuant to 8 United States Code section 36
1373(c). A state, county or local official shall not attempt to 37
independently make a final determination on whether an alien is authorized to 38
work in the United States. An alien's immigration status or work 39
authorization status shall be verified with the federal government pursuant 40
to 8 United States Code section 1373(c). A person who knowingly files a 41
false and frivolous complaint under this subsection is guilty of a class 3 42
misdemeanor. 43
S.B. 1070
- 7 -
C. If, after an investigation, the attorney general or county attorney 1
determines that the complaint is not false and frivolous: 2
1. The attorney general or county attorney shall notify the United 3
States immigration and customs enforcement of the unauthorized alien. 4
2. The attorney general or county attorney shall notify the local law 5
enforcement agency of the unauthorized alien. 6
3. The attorney general shall notify the appropriate county attorney 7
to bring an action pursuant to subsection D of this section if the complaint 8
was originally filed with the attorney general. 9
D. An action for a violation of subsection A of this section shall be 10
brought against the employer by the county attorney in the county where the 11
unauthorized alien employee is or was employed by the employer. The county 12
attorney shall not bring an action against any employer for any violation of 13
subsection A of this section that occurs before January 1, 2008. A second 14
violation of this section shall be based only on an unauthorized alien who is 15
or was employed by the employer after an action has been brought for a 16
violation of subsection A of this section or section 23-212.01, subsection A. 17
E. For any action in superior court under this section, the court 18
shall expedite the action, including assigning the hearing at the earliest 19
practicable date. 20
F. On a finding of a violation of subsection A of this section: 21
1. For a first violation, as described in paragraph 3 of this 22
subsection, the court: 23
(a) Shall order the employer to terminate the employment of all 24
unauthorized aliens. 25
(b) Shall order the employer to be subject to a three year 26
probationary period for the business location where the unauthorized alien 27
performed work. During the probationary period the employer shall file 28
quarterly reports in the form provided in section 23-722.01 with the county 29
attorney of each new employee who is hired by the employer at the business 30
location where the unauthorized alien performed work. 31
(c) Shall order the employer to file a signed sworn affidavit with the 32
county attorney within three business days after the order is issued. The 33
affidavit shall state that the employer has terminated the employment of all 34
unauthorized aliens in this state and that the employer will not 35
intentionally or knowingly employ an unauthorized alien in this state. The 36
court shall order the appropriate agencies to suspend all licenses subject to 37
this subdivision that are held by the employer if the employer fails to file 38
a signed sworn affidavit with the county attorney within three business days 39
after the order is issued. All licenses that are suspended under this 40
subdivision shall remain suspended until the employer files a signed sworn 41
affidavit with the county attorney. Notwithstanding any other law, on filing 42
of the affidavit the suspended licenses shall be reinstated immediately by 43
the appropriate agencies. For the purposes of this subdivision, the licenses 44
that are subject to suspension under this subdivision are all licenses that 45
S.B. 1070
- 8 -
are held by the employer specific to the business location where the 1
unauthorized alien performed work. If the employer does not hold a license 2
specific to the business location where the unauthorized alien performed 3
work, but a license is necessary to operate the employer's business in 4
general, the licenses that are subject to suspension under this subdivision 5
are all licenses that are held by the employer at the employer's primary 6
place of business. On receipt of the court's order and notwithstanding any 7
other law, the appropriate agencies shall suspend the licenses according to 8
the court's order. The court shall send a copy of the court's order to the 9
attorney general and the attorney general shall maintain the copy pursuant to 10
subsection G of this section. 11
(d) May order the appropriate agencies to suspend all licenses 12
described in subdivision (c) of this paragraph that are held by the employer 13
for not to exceed ten business days. The court shall base its decision to 14
suspend under this subdivision on any evidence or information submitted to it 15
during the action for a violation of this subsection and shall consider the 16
following factors, if relevant: 17
(i) The number of unauthorized aliens employed by the employer. 18
(ii) Any prior misconduct by the employer. 19
(iii) The degree of harm resulting from the violation. 20
(iv) Whether the employer made good faith efforts to comply with any 21
applicable requirements. 22
(v) The duration of the violation. 23
(vi) The role of the directors, officers or principals of the employer 24
in the violation. 25
(vii) Any other factors the court deems appropriate. 26
2. For a second violation, as described in paragraph 3 of this 27
subsection, the court shall order the appropriate agencies to permanently 28
revoke all licenses that are held by the employer specific to the business 29
location where the unauthorized alien performed work. If the employer does 30
not hold a license specific to the business location where the unauthorized 31
alien performed work, but a license is necessary to operate the employer's 32
business in general, the court shall order the appropriate agencies to 33
permanently revoke all licenses that are held by the employer at the 34
employer's primary place of business. On receipt of the order and 35
notwithstanding any other law, the appropriate agencies shall immediately 36
revoke the licenses. 37
3. The violation shall be considered: 38
(a) A first violation by an employer at a business location if the 39
violation did not occur during a probationary period ordered by the court 40
under this subsection or section 23-212.01, subsection F for that employer's 41
business location. 42
(b) A second violation by an employer at a business location if the 43
violation occurred during a probationary period ordered by the court under 44
S.B. 1070
- 9 -
this subsection or section 23-212.01, subsection F for that employer's 1
business location. 2
G. The attorney general shall maintain copies of court orders that are 3
received pursuant to subsection F of this section and shall maintain a 4
database of the employers and business locations that have a first violation 5
of subsection A of this section and make the court orders available on the 6
attorney general's website. 7
H. On determining whether an employee is an unauthorized alien, the 8
court shall consider only the federal government's determination pursuant to 9
8 United States Code section 1373(c). The federal government's determination 10
creates a rebuttable presumption of the employee's lawful status. The court 11
may take judicial notice of the federal government's determination and may 12
request the federal government to provide automated or testimonial 13
verification pursuant to 8 United States Code section 1373(c). 14
I. For the purposes of this section, proof of verifying the employment 15
authorization of an employee through the e-verify program creates a 16
rebuttable presumption that an employer did not knowingly employ an 17
unauthorized alien. 18
J. For the purposes of this section, an employer that establishes that 19
it has complied in good faith with the requirements of 8 United States Code 20
section 1324a(b) establishes an affirmative defense that the employer did not 21
knowingly employ an unauthorized alien. An employer is considered to have 22
complied with the requirements of 8 United States Code section 1324a(b), 23
notwithstanding an isolated, sporadic or accidental technical or procedural 24
failure to meet the requirements, if there is a good faith attempt to comply 25
with the requirements. 26
K. IT IS AN AFFIRMATIVE DEFENSE TO A VIOLATION OF SUBSECTION A OF THIS 27
SECTION THAT THE EMPLOYER WAS ENTRAPPED. TO CLAIM ENTRAPMENT, THE EMPLOYER 28
MUST ADMIT BY THE EMPLOYER'S TESTIMONY OR OTHER EVIDENCE THE SUBSTANTIAL 29
ELEMENTS OF THE VIOLATION. AN EMPLOYER WHO ASSERTS AN ENTRAPMENT DEFENSE HAS 30
THE BURDEN OF PROVING THE FOLLOWING BY CLEAR AND CONVINCING EVIDENCE: 31
1. THE IDEA OF COMMITTING THE VIOLATION STARTED WITH LAW ENFORCEMENT 32
OFFICERS OR THEIR AGENTS RATHER THAN WITH THE EMPLOYER. 33
2. THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE 34
EMPLOYER TO COMMIT THE VIOLATION. 35
3. THE EMPLOYER WAS NOT PREDISPOSED TO COMMIT THE VIOLATION BEFORE THE 36
LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE EMPLOYER TO 37
COMMIT THE VIOLATION. 38
L. AN EMPLOYER DOES NOT ESTABLISH ENTRAPMENT IF THE EMPLOYER WAS 39
PREDISPOSED TO VIOLATE SUBSECTION A OF THIS SECTION AND THE LAW ENFORCEMENT 40
OFFICERS OR THEIR AGENTS MERELY PROVIDED THE EMPLOYER WITH AN OPPORTUNITY TO 41
COMMIT THE VIOLATION. IT IS NOT ENTRAPMENT FOR LAW ENFORCEMENT OFFICERS OR 42
THEIR AGENTS MERELY TO USE A RUSE OR TO CONCEAL THEIR IDENTITY. THE CONDUCT 43
OF LAW ENFORCEMENT OFFICERS AND THEIR AGENTS MAY BE CONSIDERED IN DETERMINING 44
IF AN EMPLOYER HAS PROVEN ENTRAPMENT. 45
S.B. 1070
- 10 -
Sec. 7. Section 23-212.01, Arizona Revised Statutes, is amended to 1
read: 2
23-212.01. Intentionally employing unauthorized aliens; 3
prohibition; false and frivolous complaints; 4
violation; classification; license suspension and 5
revocation; affirmative defense 6
A. An employer shall not intentionally employ an unauthorized alien. 7
If, in the case when an employer uses a contract, subcontract or other 8
independent contractor agreement to obtain the labor of an alien in this 9
state, the employer intentionally contracts with an unauthorized alien or 10
with a person who employs or contracts with an unauthorized alien to perform 11
the labor, the employer violates this subsection. 12
B. The attorney general shall prescribe a complaint form for a person 13
to allege a violation of subsection A of this section. The complainant shall 14
not be required to list the complainant's social security number on the 15
complaint form or to have the complaint form notarized. On receipt of a 16
complaint on a prescribed complaint form that an employer allegedly 17
intentionally employs an unauthorized alien, the attorney general or county 18
attorney shall investigate whether the employer has violated subsection A of 19
this section. If a complaint is received but is not submitted on a 20
prescribed complaint form, the attorney general or county attorney may 21
investigate whether the employer has violated subsection A of this section. 22
This subsection shall not be construed to prohibit the filing of anonymous 23
complaints that are not submitted on a prescribed complaint form. The 24
attorney general or county attorney shall not investigate complaints that are 25
based solely on race, color or national origin. A complaint that is 26
submitted to a county attorney shall be submitted to the county attorney in 27
the county in which the alleged unauthorized alien is or was employed by the 28
employer. The county sheriff or any other local law enforcement agency may 29
assist in investigating a complaint. When investigating a complaint, the 30
attorney general or county attorney shall verify the work authorization of 31
the alleged unauthorized alien with the federal government pursuant to 32
8 United States Code section 1373(c). A state, county or local official 33
shall not attempt to independently make a final determination on whether an 34
alien is authorized to work in the United States. An alien's immigration 35
status or work authorization status shall be verified with the federal 36
government pursuant to 8 United States Code section 1373(c). A person who 37
knowingly files a false and frivolous complaint under this subsection is 38
guilty of a class 3 misdemeanor. 39
C. If, after an investigation, the attorney general or county attorney 40
determines that the complaint is not false and frivolous: 41
1. The attorney general or county attorney shall notify the United 42
States immigration and customs enforcement of the unauthorized alien. 43
2. The attorney general or county attorney shall notify the local law 44
enforcement agency of the unauthorized alien. 45
S.B. 1070
- 11 -
3. The attorney general shall notify the appropriate county attorney 1
to bring an action pursuant to subsection D of this section if the complaint 2
was originally filed with the attorney general. 3
D. An action for a violation of subsection A of this section shall be 4
brought against the employer by the county attorney in the county where the 5
unauthorized alien employee is or was employed by the employer. The county 6
attorney shall not bring an action against any employer for any violation of 7
subsection A of this section that occurs before January 1, 2008. A second 8
violation of this section shall be based only on an unauthorized alien who is 9
or was employed by the employer after an action has been brought for a 10
violation of subsection A of this section or section 23-212, subsection A. 11
E. For any action in superior court under this section, the court 12
shall expedite the action, including assigning the hearing at the earliest 13
practicable date. 14
F. On a finding of a violation of subsection A of this section: 15
1. For a first violation, as described in paragraph 3 of this 16
subsection, the court shall: 17
(a) Order the employer to terminate the employment of all unauthorized 18
aliens. 19
(b) Order the employer to be subject to a five year probationary 20
period for the business location where the unauthorized alien performed work. 21
During the probationary period the employer shall file quarterly reports in 22
the form provided in section 23-722.01 with the county attorney of each new 23
employee who is hired by the employer at the business location where the 24
unauthorized alien performed work. 25
(c) Order the appropriate agencies to suspend all licenses described 26
in subdivision (d) of this paragraph that are held by the employer for a 27
minimum of ten days. The court shall base its decision on the length of the 28
suspension under this subdivision on any evidence or information submitted to 29
it during the action for a violation of this subsection and shall consider 30
the following factors, if relevant: 31
(i) The number of unauthorized aliens employed by the employer. 32
(ii) Any prior misconduct by the employer. 33
(iii) The degree of harm resulting from the violation. 34
(iv) Whether the employer made good faith efforts to comply with any 35
applicable requirements. 36
(v) The duration of the violation. 37
(vi) The role of the directors, officers or principals of the employer 38
in the violation. 39
(vii) Any other factors the court deems appropriate. 40
(d) Order the employer to file a signed sworn affidavit with the 41
county attorney. The affidavit shall state that the employer has terminated 42
the employment of all unauthorized aliens in this state and that the employer 43
will not intentionally or knowingly employ an unauthorized alien in this 44
state. The court shall order the appropriate agencies to suspend all 45
S.B. 1070
- 12 -
licenses subject to this subdivision that are held by the employer if the 1
employer fails to file a signed sworn affidavit with the county attorney 2
within three business days after the order is issued. All licenses that are 3
suspended under this subdivision for failing to file a signed sworn affidavit 4
shall remain suspended until the employer files a signed sworn affidavit with 5
the county attorney. For the purposes of this subdivision, the licenses that 6
are subject to suspension under this subdivision are all licenses that are 7
held by the employer specific to the business location where the unauthorized 8
alien performed work. If the employer does not hold a license specific to 9
the business location where the unauthorized alien performed work, but a 10
license is necessary to operate the employer's business in general, the 11
licenses that are subject to suspension under this subdivision are all 12
licenses that are held by the employer at the employer's primary place of 13
business. On receipt of the court's order and notwithstanding any other law, 14
the appropriate agencies shall suspend the licenses according to the court's 15
order. The court shall send a copy of the court's order to the attorney 16
general and the attorney general shall maintain the copy pursuant to 17
subsection G of this section. 18
2. For a second violation, as described in paragraph 3 of this 19
subsection, the court shall order the appropriate agencies to permanently 20
revoke all licenses that are held by the employer specific to the business 21
location where the unauthorized alien performed work. If the employer does 22
not hold a license specific to the business location where the unauthorized 23
alien performed work, but a license is necessary to operate the employer's 24
business in general, the court shall order the appropriate agencies to 25
permanently revoke all licenses that are held by the employer at the 26
employer's primary place of business. On receipt of the order and 27
notwithstanding any other law, the appropriate agencies shall immediately 28
revoke the licenses. 29
3. The violation shall be considered: 30
(a) A first violation by an employer at a business location if the 31
violation did not occur during a probationary period ordered by the court 32
under this subsection or section 23-212, subsection F for that employer's 33
business location. 34
(b) A second violation by an employer at a business location if the 35
violation occurred during a probationary period ordered by the court under 36
this subsection or section 23-212, subsection F for that employer's business 37
location. 38
G. The attorney general shall maintain copies of court orders that are 39
received pursuant to subsection F of this section and shall maintain a 40
database of the employers and business locations that have a first violation 41
of subsection A of this section and make the court orders available on the 42
attorney general's website. 43
H. On determining whether an employee is an unauthorized alien, the 44
court shall consider only the federal government's determination pursuant to 45
S.B. 1070
- 13 -
8 United States Code section 1373(c). The federal government's determination 1
creates a rebuttable presumption of the employee's lawful status. The court 2
may take judicial notice of the federal government's determination and may 3
request the federal government to provide automated or testimonial 4
verification pursuant to 8 United States Code section 1373(c). 5
I. For the purposes of this section, proof of verifying the employment 6
authorization of an employee through the e-verify program creates a 7
rebuttable presumption that an employer did not intentionally employ an 8
unauthorized alien. 9
J. For the purposes of this section, an employer that establishes that 10
it has complied in good faith with the requirements of 8 United States Code 11
section 1324a(b) establishes an affirmative defense that the employer did not 12
intentionally employ an unauthorized alien. An employer is considered to 13
have complied with the requirements of 8 United States Code section 1324a(b), 14
notwithstanding an isolated, sporadic or accidental technical or procedural 15
failure to meet the requirements, if there is a good faith attempt to comply 16
with the requirements. 17
K. IT IS AN AFFIRMATIVE DEFENSE TO A VIOLATION OF SUBSECTION A OF THIS 18
SECTION THAT THE EMPLOYER WAS ENTRAPPED. TO CLAIM ENTRAPMENT, THE EMPLOYER 19
MUST ADMIT BY THE EMPLOYER'S TESTIMONY OR OTHER EVIDENCE THE SUBSTANTIAL 20
ELEMENTS OF THE VIOLATION. AN EMPLOYER WHO ASSERTS AN ENTRAPMENT DEFENSE HAS 21
THE BURDEN OF PROVING THE FOLLOWING BY CLEAR AND CONVINCING EVIDENCE: 22
1. THE IDEA OF COMMITTING THE VIOLATION STARTED WITH LAW ENFORCEMENT 23
OFFICERS OR THEIR AGENTS RATHER THAN WITH THE EMPLOYER. 24
2. THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE 25
EMPLOYER TO COMMIT THE VIOLATION. 26
3. THE EMPLOYER WAS NOT PREDISPOSED TO COMMIT THE VIOLATION BEFORE THE 27
LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE EMPLOYER TO 28
COMMIT THE VIOLATION. 29
L. AN EMPLOYER DOES NOT ESTABLISH ENTRAPMENT IF THE EMPLOYER WAS 30
PREDISPOSED TO VIOLATE SUBSECTION A OF THIS SECTION AND THE LAW ENFORCEMENT 31
OFFICERS OR THEIR AGENTS MERELY PROVIDED THE EMPLOYER WITH AN OPPORTUNITY TO 32
COMMIT THE VIOLATION. IT IS NOT ENTRAPMENT FOR LAW ENFORCEMENT OFFICERS OR 33
THEIR AGENTS MERELY TO USE A RUSE OR TO CONCEAL THEIR IDENTITY. THE CONDUCT 34
OF LAW ENFORCEMENT OFFICERS AND THEIR AGENTS MAY BE CONSIDERED IN DETERMINING 35
IF AN EMPLOYER HAS PROVEN ENTRAPMENT. 36
Sec. 8. Section 23-214, Arizona Revised Statutes, is amended to read: 37
23-214. Verification of employment eligibility; e-verify 38
program; economic development incentives; list of 39
registered employers 40
A. After December 31, 2007, every employer, after hiring an employee, 41
shall verify the employment eligibility of the employee through the e-verify 42
program AND SHALL KEEP A RECORD OF THE VERIFICATION FOR THE DURATION OF THE 43
EMPLOYEE'S EMPLOYMENT OR AT LEAST THREE YEARS, WHICHEVER IS LONGER. 44
S.B. 1070
- 14 -
B. In addition to any other requirement for an employer to receive an 1
economic development incentive from a government entity, the employer shall 2
register with and participate in the e-verify program. Before receiving the 3
economic development incentive, the employer shall provide proof to the 4
government entity that the employer is registered with and is participating 5
in the e-verify program. If the government entity determines that the 6
employer is not complying with this subsection, the government entity shall 7
notify the employer by certified mail of the government entity's 8
determination of noncompliance and the employer's right to appeal the 9
determination. On a final determination of noncompliance, the employer shall 10
repay all monies received as an economic development incentive to the 11
government entity within thirty days of the final determination. For the 12
purposes of this subsection: 13
1. "Economic development incentive" means any grant, loan or 14
performance-based incentive from any government entity that is awarded after 15
September 30, 2008. Economic development incentive does not include any tax 16
provision under title 42 or 43. 17
2. "Government entity" means this state and any political subdivision 18
of this state that receives and uses tax revenues. 19
C. Every three months the attorney general shall request from the 20
United States department of homeland security a list of employers from this 21
state that are registered with the e-verify program. On receipt of the list 22
of employers, the attorney general shall make the list available on the 23
attorney general's website. 24
Sec. 9. Section 28-3511, Arizona Revised Statutes, is amended to read: 25
28-3511. Removal and immobilization or impoundment of vehicle 26
A. A peace officer shall cause the removal and either immobilization 27
or impoundment of a vehicle if the peace officer determines that a person is 28
driving the vehicle while any of the following applies: 29
1. The person's driving privilege is suspended or revoked for any 30
reason. 31
2. The person has not ever been issued a valid driver license or 32
permit by this state and the person does not produce evidence of ever having 33
a valid driver license or permit issued by another jurisdiction. This 34
paragraph does not apply to the operation of an implement of husbandry. 35
3. The person is subject to an ignition interlock device requirement 36
pursuant to chapter 4 of this title and the person is operating a vehicle 37
without a functioning certified ignition interlock device. This paragraph 38
does not apply to a person operating an employer's vehicle or the operation 39
of a vehicle due to a substantial emergency as defined in section 28-1464. 40
4. THE PERSON IS IN VIOLATION OF A CRIMINAL OFFENSE AND IS 41
TRANSPORTING, MOVING, CONCEALING, HARBORING OR SHIELDING OR ATTEMPTING TO 42
TRANSPORT, MOVE, CONCEAL, HARBOR OR SHIELD AN ALIEN IN THIS STATE IN A 43
VEHICLE IF THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE FACT THAT THE ALIEN 44
HAS COME TO, HAS ENTERED OR REMAINS IN THE UNITED STATES IN VIOLATION OF LAW. 45
S.B. 1070
- 15 -
B. A peace officer shall cause the removal and impoundment of a 1
vehicle if the peace officer determines that a person is driving the vehicle 2
and if all of the following apply: 3
1. The person's driving privilege is canceled, suspended or revoked 4
for any reason or the person has not ever been issued a driver license or 5
permit by this state and the person does not produce evidence of ever having 6
a driver license or permit issued by another jurisdiction. 7
2. The person is not in compliance with the financial responsibility 8
requirements of chapter 9, article 4 of this title. 9
3. The person is driving a vehicle that is involved in an accident 10
that results in either property damage or injury to or death of another 11
person. 12
C. Except as provided in subsection D of this section, while a peace 13
officer has control of the vehicle the peace officer shall cause the removal 14
and either immobilization or impoundment of the vehicle if the peace officer 15
has probable cause to arrest the driver of the vehicle for a violation of 16
section 4-244, paragraph 34 or section 28-1382 or 28-1383. 17
D. A peace officer shall not cause the removal and either the 18
immobilization or impoundment of a vehicle pursuant to subsection C of this 19
section if all of the following apply: 20
1. The peace officer determines that the vehicle is currently 21
registered and that the driver or the vehicle is in compliance with the 22
financial responsibility requirements of chapter 9, article 4 of this title. 23
2. The spouse of the driver is with the driver at the time of the 24
arrest. 25
3. The peace officer has reasonable grounds to believe that the spouse 26
of the driver: 27
(a) Has a valid driver license. 28
(b) Is not impaired by intoxicating liquor, any drug, a vapor 29
releasing substance containing a toxic substance or any combination of 30
liquor, drugs or vapor releasing substances. 31
(c) Does not have any spirituous liquor in the spouse's body if the 32
spouse is under twenty-one years of age. 33
4. The spouse notifies the peace officer that the spouse will drive 34
the vehicle from the place of arrest to the driver's home or other place of 35
safety. 36
5. The spouse drives the vehicle as prescribed by paragraph 4 of this 37
subsection. 38
E. Except as otherwise provided in this article, a vehicle that is 39
removed and either immobilized or impounded pursuant to subsection A, B or C 40
of this section shall be immobilized or impounded for thirty days. An 41
insurance company does not have a duty to pay any benefits for charges or 42
fees for immobilization or impoundment. 43
F. The owner of a vehicle that is removed and either immobilized or 44
impounded pursuant to subsection A, B or C of this section, the spouse of the 45
S.B. 1070
owner and each person identified on the department's record with an interest 1
in the vehicle shall be provided with an opportunity for an immobilization or 2
poststorage hearing pursuant to section 28-3514. 3
Sec. 10. Title 41, chapter 12, article 2, Arizona Revised Statutes, is 4
amended by adding section 41-1724, to read: 5
41-1724. Gang and immigration intelligence team enforcement 6
mission fund 7
THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION FUND IS 8
ESTABLISHED CONSISTING OF MONIES DEPOSITED PURSUANT TO SECTION 11-1051 AND 9
MONIES APPROPRIATED BY THE LEGISLATURE. THE DEPARTMENT SHALL ADMINISTER THE 10
FUND. MONIES IN THE FUND ARE SUBJECT TO LEGISLATIVE APPROPRIATION AND SHALL 11
BE USED FOR GANG AND IMMIGRATION ENFORCEMENT AND FOR COUNTY JAIL 12
REIMBURSEMENT COSTS RELATING TO ILLEGAL IMMIGRATION. 13
Sec. 11. Severability, implementation and construction 14
A. If a provision of this act or its application to any person or 15
circumstance is held invalid, the invalidity does not affect other provisions 16
or applications of the act that can be given effect without the invalid 17
provision or application, and to this end the provisions of this act are 18
severable. 19
B. The terms of this act regarding immigration shall be construed to 20
have the meanings given to them under federal immigration law. 21
C. This act shall be implemented in a manner consistent with federal 22
laws regulating immigration, protecting the civil rights of all persons and 23
respecting the privileges and immunities of United States citizens. 24
Sec. 12. Short title 25
This act may be cited as the "Support Our Law Enforcement and Safe 26
Neighborhoods Act". 27
