SB1157 - 472R - House Bill Summary

House of Representatives

SB 1157

trespassing by illegal aliens

Sponsors: Senator Leff, Allen, Bee, et al

DPA	Committee on Federal Mandates and Property Rights
X	Caucus and COW
	As Engrossed and As Passed the House

SB 1157 declares it unlawful for a person who is not a United States citizen to trespass onto private or public lands.

History

In accordance with 8 United States Code (USC) §1325, penalties are provided for an alien who:

1. Enters or attempts to enter the US at any time or place other than as designated by immigration officers;

2. Eludes examination or inspection by immigration officers; or

3. Attempts to enter/obtain entry into the US by false representation.

For first time offenders of a crime, the sentence of imprisonment for a Class 6 felony is up to one year. A Class 2 felony may result in up to five years of imprisonment with a Class 4 felony resulting in up to 2 ½ years of imprisonment. Subsequent offenses result in increased imprisonment.

According Arizona Revised Statute (A.R.S.) §13-3401, a dangerous drug is defined as the following:

(a) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances and their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation.

(b) Any material, compound, mixture or preparation which contains any quantity of the following substances and their salts, optical isomers, and salts of optical isomers having a potential for abuse associated with a stimulant effect on the central nervous system

(c) Any material, compound, mixture or preparation, which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system.

(d) Any material, compound, mixture or preparation, which contains any quantity of the following anabolic steroids and their salts, isomers or esters.

A.R.S. §13-3404.01 prohibits a person from knowingly possessing a precursor chemical II or from possessing, purchasing specified amounts of precursor chemicals in the form of pseudoephedrine, norpseudoephedrine, ephedrine or phenylpropanolamine without a license or permit. A person may not sell transfer or otherwise furnish any precursor chemical, regulated chemical or other substance or equipment with knowledge that the recipient will use the precursor chemical, regulated chemical substance or equipment to unlawfully manufacture a dangerous or narcotic drug.

A.R.S. §13-3101 defines a deadly weapon as anything that is designed for lethal use including a firearm. In accordance with A.R.S. §13-105, a dangerous instrument is defined as anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury.

A.R.S. §13-2308.01 states that it is unlawful for a person to intentionally or knowingly do any of the following:

1. Engage in an act of terrorism.

2. Organize, manage, direct, supervise or finance an act of terrorism.

3. Solicit, incite or induce others to promote or further an act of terrorism.

4. Without lawful authority or when exceeding lawful authority, manufacture, sell, deliver, display, use, make accessible to others, possess or exercise control over a weapon of mass destruction knowing or having reason to know that the device or object involved is a weapon of mass destruction.

5. Make property available to another, by transaction, transportation or otherwise, knowing or having reason to know that the property is intended to facilitate an act of terrorism.

6. Provide advice, assistance or direction in the conduct, financing or management of an act of terrorism knowing or having reason to know that an act of terrorism has occurred or may result by:

(a) Harboring or concealing any person or property.

(b) Warning any person of impending discovery, apprehension, prosecution or conviction. This subdivision does not apply to a warning that is given in connection with an effort to bring another person into compliance with the law.

(c) Providing any person with material support or resources or any other means of avoiding discovery, apprehension, prosecution or conviction.

(d) Concealing or disguising the nature, location, source, ownership or control of material support or resources.

(e) Preventing or obstructing by means of force, deception or intimidation anyone from performing an act that might aid in the discovery, apprehension, prosecution or conviction of any person or that might aid in the prevention of an act of terrorism.

(f) Suppressing by any act of concealment, alteration or destruction any physical evidence that might aid in the discovery, apprehension, prosecution or conviction of any person or that might aid in the prevention of an act of terrorism.

(g) Concealing the identity of any person.

Provisions

· Declares that in addition to any violation of federal law, it is unlawful for a person who is not a citizen of the United States to enter into or be on any public or private land if the person is in violation of 8 USC §1325.

· Requires the arresting party to fingerprint a person who is arrested for being in violation of trespassing as an illegal alien and allows the arresting party to transfer the person on the first offense to the federal agency with jurisdiction or refer them for prosecution.

· Creates the crime of trespassing if a person has entered this state and found to be in violation of 8 USC §1325 and makes the first offense a Class 6 felony and any subsequent violations a Class 4 felony.

· Establishes a Class 2 felony for a person who violates this act while in possession of any of the following:

1. A dangerous drug as defined in A.R.S. §13-3401.

2. Precursor chemicals that are used in the manufacturing of methamphetamine in violation of A.R.S. § 13-3404.01.

3. A deadly weapon as defined in A.R.S. §13-3101 or a dangerous instrument as defined in A.R.S. §13-105.

4. Property that is used for committing an act of terrorism as prescribed in §13-2308.01.

· Contains a legislative intent clause.

Amendments

Federal Mandates and Property Rights:

· Grants qualified immunity to a public employee for questioning a person’s immigration status.

· Allows a peace officer to question a person who has been lawfully detained about that person’s immigration status and stipulates that this state or any of its political subdivisions will not prohibit a peace officer from performing that duty.

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· Forty-seventh Legislature