ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature First Regular Session
	Senate: JUD DP 4-3-0-0 | 3^rd Read DP 16-14-0-0-0 House: JUD DPA/SE 5-3-0-0 | 3^rd Read DPA 31-27-1-0-1 Final Pass: 16-12-2-0-0

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SB 1408: human smuggling; electronic applications

S/E: electronic applications; human smuggling

Sponsor: Senator Wadsack, LD 17

Vetoed

Overview

Creates new class 2 felony offense for using a telephone or computer application or program to knowingly assist in the smuggling of human beings.

History

It is a criminal offense under current statute for a person to intentionally engage in the smuggling of human beings for profit or commercial purposes. This offense is generally classified as a class 4 felony, except in the following circumstances:

1) if the human being who is smuggled is under 18 years old and is not accompanied by a family member over 18 years old, and the offense involved a deadly weapon or dangerous instrument, the offense is a class 2 felony; and

2) if the offense involves the use or threatened use of deadly physical force, the offense is class 3 felony and the convicted person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis, with certain exceptions (A.R.S. § 13-2319).

Class 4, 3 and 2 felony offenses carry presumptive prison sentences of 2.5 years, 3.5 years and 5 years, respectively (A.R.S. § 13-702). All felony offenses carry a maximum fine of $150,000 to be determined by the court (A.R.S. § 13-801).

Provisions

1. Adds new section of statute creating a criminal offense for using a telephone or computer application or program to knowingly assist in the smuggling of human beings. (Sec. 1)

2. Classifies this offense as a class 2 felony without eligibility for suspension of sentence, probation, pardon or release on any basis, with certain exceptions, until the sentence is served, the person is eligible for community supervision or the sentence is commuted. (Sec. 1)

3. Specifies that Chapter 10 of the criminal code, which concerns preparatory offenses, does not apply to this new offense. (Sec. 1)

4. For purposes of this offense, defines smuggling of human beings as the transportation, procurement of transportation or use of property or real property by a person or an entity with the intent to do either of the following:

a) Conceal the person from a peace officer; or

b) Assist the person with fleeing from a peace officer who is attempting to lawfully arrest or detain the person. (Sec. 1)

c)

d)

e) ---------- DOCUMENT FOOTER ---------

f)                         SB 1408

g) Initials JL         Page 0 Vetoed

h)

i) ---------- DOCUMENT FOOTER ---------