ARIZONA STATE SENATE
Forty-eighth Legislature, Second Regular Session
REVISED
FACT SHEET FOR H.B. 2412
criminal trespass; day laborers
Purpose
Expands the definition of criminal trespass to
include specific activities involving the solicitation of day labor
employment. Defines terms.
Background
Arizona Revised Statutes § 13-1504 provides that a
person commits criminal trespass in the first degree by knowingly entering or
remaining unlawfully: a) in or on a residential structure; b) in a fenced
residential yard; c) in any residential yard and, without lawful authority,
looking into the residential structure in reckless disregard of infringing on
the inhabitant's right of privacy; d) on real property that is subject to a
valid mineral claim or lease with the intent to hold, work, take or explore for
minerals on the claim or lease; e) on the property of another and burning,
defacing, mutilating or otherwise desecrating a religious symbol or other
religious property of another without the express permission of the owner of
the property; or f) in or on a critical public service facility.
Depending on the circumstances, criminal trespass in
the first degree provides penalties ranging from a class 1 misdemeanor to a
class 6 felony.
H.B. 2412 is similar to H.B. 2589, which passed out of
the Legislature in 2007 and was vetoed by the Governor. The Governor indicated
in her veto message that H.B. 2589 was vague, overbroad and discriminatory.
While the Governor recognized the need to stop unlawful employment practices
that fuel demand for illegal immigration, H.B. 2589 applied to any Arizona adult citizen seeking work while standing adjacent to a public street, and hard
working Arizonans willing to “pound the pavement” to find lawful work should
not be subject to criminal penalties. The Governor also expressed concern that
H.B. 2589 would be found unconstitutional as it allowed such solicitations by
persons under 18 years of age and noted that there is no rational basis for discriminating
on the basis of age for this type of conduct.
There is no anticipated fiscal impact to the state
General Fund associated with this legislation; however, expanding the
classification of criminal trespass in the first degree could increase incarceration
costs.
Provisions
1.
Classifies as criminal trespass in the first degree, if a person
knowingly: a) stands or remains on any public highway or public street or any
property adjacent and disrupts vehicle or pedestrian traffic for the purpose of
soliciting day labor employment; b) stands or remains unlawfully on any private
property after a reasonable request to leave by the owner or any other person
having lawful control over the property, or reasonable notice prohibiting
entry, for the purpose of soliciting day labor employment.
2.
Defines “day labor employment” as employment in which the initial
employment offer occurs at an uncontrolled location; promptly or shortly after
the employment offer is made, the employer, directly or through an agent,
transports the employee from the uncontrolled location to a different location
where the employee will work or otherwise directs the employee to that
location; and the duration of the employment does not exceed two days.
3.
Presumes any employment in which the initial offer occurs at an
uncontrolled location and the employee is transported or directed from an
uncontrolled location to a direct location by the employer or agent, promptly
or shortly after the employment offer is made, to be for two days or less.
Allows the presumption to be rebutted by presenting evidence of a written
employment contract for a period of three or more days.
4.
Defines “soliciting” as verbal or nonverbal communication by a gesture
or nod that would indicate to a reasonable person that a person is willing to
employ or to be employed.
5.
Defines “uncontrolled location” as all locations except property that is
owned, rented or otherwise controlled by the employer and property where the
employer serves as a contractor or subcontractor if any work offer made by the
employer or an agent of the employer is for work at that property.
6.
Makes a technical change.
7.
Becomes effective on the general effective date.
Revision
·
Added Governor’s veto message from H.B. 2589, passed by the
Legislature in 2007.
House Action
HSPR 2/18/08 DP 5-3-0-2-0
3rd Read 3/11/08
37-22-1-0
Prepared by Senate Research
April 7, 2008
CEW/HB/ac
