SB1177 - 491R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 13, chapter 37, Arizona Revised Statutes, is amended by adding sections 13-3728, 13-3729 and 13-3730, to read:

START_STATUTE13-3728. Unlawful application for or solicitation or performance of work by an unauthorized alien; classification; definitions

A. It is unlawful for a person who is an unauthorized alien to knowingly apply for work, solicit work in a public place or perform work as an employee or independent contractor.

B. A person who violates this section is guilty of a class 1 misdemeanor.

C. For the purposes of this section:

1. "Solicit" means verbal or nonverbal communication by a gesture or a nod that would indicate to a reasonable person that a person is willing to employ or to be employed.

2. "Unauthorized alien" means an alien who does not have the legal right or authorization under federal law to work in the United States as described in 8 United States Code section 1324a(h)(3). END_STATUTE

START_STATUTE13-3728. Unlawful employment; application requirement; publication; classification; definitions

A. It is unlawful for an employer to intentionally or knowingly hire a prospective employee unless, before employment, the prospective employee:

1. Completes a written application for employment.

2. Presents at least one form of identification that includes a picture of the prospective employee.

B. The employer shall maintain a copy of the information required pursuant to this section for the duration of the employee's employment.

C. The attorney general shall publish on its website the name of each employer who is convicted of a violation of this section.

D. A violation of this section is a class 1 misdemeanor.

E. for the purposes of this section:

1. "Employee" has the same meaning prescribed in section 23‑211.

2. "Employer" has the same meaning prescribed in section 23-211. END_STATUTE

START_STATUTE13-3730. Unlawful transporting, transferring, concealing, harboring or sheltering of unlawful aliens; vehicle impoundment; classification; fine

A. It is unlawful for a person to transport, transfer, conceal, harbor, shelter or attempt to transport, transfer, conceal, harbor or shelter another person if the person knows or recklessly disregards the fact that the other person has entered or remained in the United States illegally.

B. If a person is arrested for a violation of this section that involves a motor vehicle, the motor vehicle is subject to mandatory vehicle immobilization or impoundment pursuant to section 28-3511.

C. A person who violates this section is guilty of a class 1 misdemeanor and is subject to a fine of at least one thousand dollars. END_STATUTE

Sec. 2. Section 28-3511, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3511. Removal and immobilization or impoundment of vehicle

A. A peace officer shall cause the removal and either immobilization or impoundment of a vehicle if the peace officer determines that a person is driving the vehicle while either any of the following applies:

1. The person's driving privilege is suspended or revoked for any reason.

2. The person has not ever been issued a valid driver license or permit by this state and the person does not produce evidence of ever having a valid driver license or permit issued by another jurisdiction.

3. The person is subject to an ignition interlock device requirement pursuant to chapter 4 of this title and the person is operating a vehicle without a functioning certified ignition interlock device. This paragraph does not apply to a person operating an employer's vehicle or the operation of a vehicle due to a substantial emergency as defined in section 28‑1464.

4. The person is transporting, transferring, concealing, harboring, sheltering or attempting to transport, transfer, conceal, harbor or shelter another person if the person knows or recklessly disregards the fact that the other person has entered or remained in the United States illegally.

B. A peace officer shall cause the removal and impoundment of a vehicle if the peace officer determines that a person is driving the vehicle and if all of the following apply:

1. The person's driving privilege is canceled, suspended or revoked for any reason or the person has not ever been issued a driver license or permit by this state and the person does not produce evidence of ever having a driver license or permit issued by another jurisdiction.

2. The person is not in compliance with the financial responsibility requirements of chapter 9, article 4 of this title.

3. The person is driving a vehicle that is involved in an accident that results in either property damage or injury to or death of another person.

C. Except as provided in subsection D of this section, while a peace officer has control of the vehicle the peace officer shall cause the removal and either immobilization or impoundment of the vehicle if the peace officer has probable cause to arrest the driver of the vehicle for a violation of section 4‑244, paragraph 33 or section 28‑1382 or 28‑1383.

D. A peace officer shall not cause the removal and either the immobilization or impoundment of a vehicle pursuant to subsection C of this section if all of the following apply:

1. The peace officer determines that the vehicle is currently registered and that the driver or the vehicle is in compliance with the financial responsibility requirements of chapter 9, article 4 of this title.

2. The spouse of the driver is with the driver at the time of the arrest.

3. The peace officer has reasonable grounds to believe that the spouse of the driver:

(a) Has a valid driver license.

(b) Is not impaired by intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances.

4. The spouse notifies the peace officer that the spouse will drive the vehicle from the place of arrest to the driver's home or other place of safety.

5. The spouse drives the vehicle as prescribed by paragraph 4 of this subsection.

E. Except as otherwise provided in this article, a vehicle that is removed and either immobilized or impounded pursuant to subsection A, B or C of this section shall be immobilized or impounded for thirty days. An insurance company does not have a duty to pay any benefits for charges or fees for immobilization or impoundment.

F. The owner of a vehicle that is removed and either immobilized or impounded pursuant to subsection A, B or C of this section, the spouse of the owner and each person identified on the department's record with an interest in the vehicle shall be provided with an opportunity for an immobilization or poststorage hearing pursuant to section 28‑3514. END_STATUTE

Sec. 3. Title 41, chapter 12, article 2, Arizona Revised Statutes, is amended by adding section 41-1724, to read:

START_STATUTE41-1724. Fraudulent documents identification unit; duties

A. The director shall establish a fraudulent documents identification unit in the gang and immigration intelligence team enforcement mission for the purpose of investigating and apprehending persons or entities that participate in the sale or distribution of fraudulent documents used for identification purposes.

B. The unit shall:

1. Collaborate with local, county, state, tribal and federal agencies to effectively coordinate its efforts.

2. Maximize the use of the intelligence resources of all law enforcement agencies.

3. Deploy detectives and other law enforcement personnel to address fraudulent identification documents created and prepared for persons who have entered or remained in the United States illegally. END_STATUTE