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House Engrossed Senate Bill |
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State of Arizona Senate Forty-seventh Legislature Second Regular Session 2006
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SENATE BILL 1157 |
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AN ACT
Amending section 12-820.02, Arizona Revised Statutes; amending title 13, chapter 1, Arizona Revised Statutes, by adding section 13-124; amending title 13, chapter 15, Arizona Revised Statutes, by adding section 13-1509; relating to immigration enforcement.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-820.02, Arizona Revised Statutes, is amended to read:
12-820.02. Qualified immunity
A. Unless a public employee acting within the scope of the public employee's employment intended to cause injury or was grossly negligent, neither a public entity nor a public employee is liable for:
1. The failure to make an arrest or the failure to retain an arrested person in custody.
2. An injury caused by an escaping or escaped prisoner or a youth committed to the department of juvenile corrections.
3. An injury resulting from the probation, community supervision or discharge of a prisoner or a youth committed to the department of juvenile corrections, from the terms and conditions of the prisoner's or youth's probation or community supervision or from the revocation of the prisoner's or youth's probation, community supervision or conditional release under the psychiatric security review board.
4. An injury caused by a prisoner to any other prisoner or an injury caused by a youth committed to the department of juvenile corrections to any other committed youth.
5. The issuance of or failure to revoke or suspend any permit, license, certificate, approval, order or similar authorization for which absolute immunity is not provided pursuant to section 12‑820.01.
6. The failure to discover violations of any provision of law when inspections are done of property other than property owned by the public entity in question.
7. An injury to the driver of a motor vehicle that is attributable to the violation by the driver of section 28‑693, 28‑1381 or 28‑1382.
8. The failure to prevent the sale or transfer of a handgun to a person whose receipt or possession of the handgun is unlawful under any federal law or any law of this state.
9. Preventing the sale or transfer of a handgun to a person who may lawfully receive or possess a handgun.
10. The failure to detain a juvenile taken into temporary custody or arrested for a criminal offense or delinquent or incorrigible act in the appropriate detention facility, jail or lockup described in section 8‑305.
11. questioning immigration status pursuant to section 13-124.
B. The qualified immunity provided in this section applies to a public entity or public employee if the injury or damage was caused by a contractor's employee or a contractor of a public entity acting within the scope of the contract. The qualified immunity provided in this section does not apply to the contractor or the contractor's employee.
Sec. 2. Title 13, chapter 1, Arizona Revised Statutes, is amended by adding section 13-124, to read:
13-124. Peace officers; question immigration status
A. A peace officer who lawfully detains a person based on the reasonable suspicion that the person has committed, is committing or is about to commit a crime may question that person regarding the person's immigration status.
B. This state and any political subdivision of this state shall not prohibit a peace officer from performing the duty authorized by this section.
Sec. 3. Title 13, chapter 15, Arizona Revised Statutes, is amended by adding section 13-1509, to read:
13-1509. Trespassing by illegal aliens; fingerprinting; classification
A. In addition to any violation of federal law, it is unlawful for a person who is a citizen of any country other than the United States to enter into or be on any public or private land in this state if, at the time of the commission of the offense, the person is in violation of 8 United States Code section 1325.
B. The arresting authority shall fingerprint a person who is arrested for a violation of this section. At the discretion of the arresting authority on the first offense, the person may be transferred to the federal agency with jurisdiction or referred for prosecution.
C. A violation of this section is a class 6 felony, except that a second or subsequent violation is a class 4 felony.
D. Notwithstanding subsection C of this section, if the person violates this section while in possession of any of the following, the violation is a class 2 felony:
1. A dangerous drug as defined in section 13-3401.
2. Precursor chemicals that are used in the manufacturing of methamphetamine in violation of section 13-3404.01.
3. A deadly weapon as defined in section 13-3101 or a dangerous instrument as defined in section 13-105.
4. Property that is used for the purpose of committing an act of terrorism as prescribed in section 13-2308.01.
Sec. 4. Legislative intent
It is the intent of the legislature that a person who violates section 13-1509, Arizona Revised Statutes, as added by this act, a second or subsequent time, after having been deported or transferred to the federal agency with jurisdiction on the first offense, be referred for prosecution.