ARIZONA STATE SENATE

RESEARCH STAFF

JENNIFER EUGSTER

LEGISLATIVE RESEARCH ANALYST

GOVERNMENT COMMITTEE

Telephone: (602) 926 -3171

Facsimile: (602) 926 -3833

TO:                  SENATOR BARBARA LEFF         

DATE:                        March 31, 2006

SUBJECT:      House Changes to S.B. 1157 – trespassing by illegal aliens

________________________________________________________________________________                                                                                                                                                            

            As passed by the Senate, S.B. 1157 establishes the crime of trespassing by illegal aliens.

            The House of Representatives amended the bill as follows:

1. Permits a peace officer to question a person about his or her immigration status if the peace officer has lawfully detained the person based on the reasonable suspicion that the person has committed, is committing or is about to commit a crime.

2. Instructs that the state and any political subdivision of the state must not prohibit a peace officer from performing this duty.

3. Exempts a public entity or public employee from liability for the act of the public employee questioning a person’s immigration status pursuant to state law.  The public employee must be acting within the scope of his or her employment and cannot intend to cause injury or be grossly negligent.

Senate Action House Action

JUD                 1/30/06    DP    5-2-1-0                       FMPR             3/6/06     DPA     3-2-1-0

3rd Read         2/16/06            17-11-2-0                    3rd Read         3/30/06                32-26-2-0

JE/ac

cc:        All Senators