HB 2598 — sanctuary jurisdiction; liability; civil action

HB2598 - 542R - IH-Government-Proposed Ver    Fifty-fourth  Legislature                                               REFERENCEGovernment TITLE:Second Regular Session                                                  H.B.

sanctuary  jurisdiction;PROPOSED HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B.

liability;2598 (Reference to printed bill)       Page 1, between lines 1 and 2, insert:

civil"Section 1.  Title action1,  chapter  5,  article  1, State of Arizona HouseRevised ofStatutes, Representativesis Fifty-fourthamended Legislatureby Secondadding Regularsection Session1-503,  to  read:   HB 2598   Introduced by Representatives Roberts:

AllenSTART_STATUTE1-503.  Prohibited J,use Barto,of Biasiucci,public Blackman,resources; Bolick, Bowers, Campbell, Carroll, Cobb, Cook, Dunn, Fillmore, Finchem, Grantham, Griffin, Kavanagh, Kern, Lawrence, Nutt, Osborne, Payne, Petersen, Pierce, Rivero, Shope, Thorpe, Toma, Townsend, Udall, Weninger, Senators Leach, Mesnard     AN ACT   amending section 11-1051, Arizona Revised Statutes;

amendingdeportation titleproceedings; 11, chapter 7, article 8, Arizona Revised Statutes, by adding section 11‑1052;

relatingcivil topenalty; the enforcement of immigration laws.

 violation;   (TEXT OF BILL BEGINS ON NEXT PAGE)   Be it enacted by the Legislature of the State of Arizona:

Section 1.  Sectionclassification 11-1051,A.  Notwithstanding Arizonaany Revisedother Statutes,law isand amendedexcept toas read:required by a court order, an agency of this state, a political subdivision of this state or an employee of an agency or political subdivision of this state acting in the employee's official capacity may not do any of the following:

START_STATUTE11-1051.  Cooperation1.  Knowingly and assistancewillingly participate in any way in the enforcement of immigrationany laws;federal act, law, order, rule or regulation issued, enacted or promulgated regarding the deportation of a person who received protection from deportation from the deferred action for childhood arrivals policy.

indemnification;2.  Use any assets, state monies or monies allocated by this state to political subdivisions of this state on or after the effective date of this section, in whole or in part, to engage in any activity that aids a federal agency, federal agent or corporation providing services to the federal government in the enforcement or any investigation pursuant to the enforcement of any federal act, law, order, rule or regulation issued, enacted or promulgated regarding the deportation of a person who received protection from deportation from the deferred action for childhood arrivals policy.

immigrationB.  Notwithstanding detainers;any other law, the state treasurer may not transfer any monies to a political subdivision of this state in the fiscal year after a final judicial determination is made that the political subdivision of this state adopted a rule, order, ordinance or policy that intentionally violated this section.

civilC.  Any penaltiesagent A.  No An official or agencyemployee of this state or aany county, city, town or other political subdivision of this state maythat notknowingly limitviolates orthis restrictsection theis: enforcement of federal immigration laws to less than the full extent permitted allowed by federal law.

B.  For1.  Subject any lawful stop, detention or arrest made by a law enforcement official or a law enforcement agency of this state or a law enforcement official or a law enforcement agency of a county, city, town or other political subdivision of this state in the enforcement of any other law or ordinance of a county, city or town or this state where reasonable suspicion exists that the person is an alien and is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person, except if the determination may hinder or obstruct an investigation.  Any person who is arrested shall have the person's immigration status determined before the person is released.  The person's immigration status shall be verified with the federal government pursuant to 8 United States Code section 1373(c).  A law enforcement official or agency of this state or a county,civil city,penalty town or other political subdivision of this state may not considermore race,than color$3,000 orfor nationala originfirst inviolation implementing the requirements of this subsectionsection. except to the extent permitted allowed by the United States or Arizona Constitution.  A person is presumed to not be an alien who is unlawfully present in the United States if the person provides to the law enforcement officer or agency any of the following:

1.  A2.  Guilty validof Arizonaa driverclass license.1 misdemeanor for a second or subsequent violation of this section." END_STATUTE Renumber to conform Amend title to conform     ISELA BLANC     2598BLANC 02/19/2020 09:20 AM C:

2.  ALAT valid  Arizona nonoperating identification license.

3.  A valid tribal enrollment card or other form of tribal identification.

4.  If the entity requires proof of legal presence in the United States before issuance, any valid United States federal, state or local government issued identification.

C.  If an alien who is unlawfully present in the United States is convicted of a violation of state or local law, on discharge from imprisonment or on the assessment of any monetary obligation that is imposed, the United States immigration and customs enforcement or the United States customs and border protection shall be immediately notified.

D.  Notwithstanding any other law, a law enforcement agency may securely transport an alien who the agency has received verification is unlawfully present in the United States and who is in the agency's custody to a federal facility in this state or to any other point of transfer into federal custody that is outside the jurisdiction of the law enforcement agency.  A law enforcement agency shall obtain judicial authorization before securely transporting an alien who is unlawfully present in the United States to a point of transfer that is outside of this state.

E.  In the implementation of this section, an alien's immigration status may be determined by:

1.  A law enforcement officer who is authorized by the federal government to verify or ascertain an alien's immigration status.

2.  The United States immigration and customs enforcement or the United States customs and border protection pursuant to 8 United States Code section 1373(c).

F.  Officials and agencies of this state and counties, cities, towns and other political subdivisions of this state, including law enforcement officers, shall comply with a valid immigration detainer that is requested by the federal government or an authorized agent of the federal government.  An official, an agency or a law enforcement officer that intentionally or knowingly fails to comply with a valid immigration detainer that is issued for a person who is detained or incarcerated by the official, agency or law enforcement officer is subject to a civil penalty.  If the attorney general or county attorney finds cause to believe that an entity is violating this subsection, the attorney general or county attorney shall commence an action in superior court.

F.  G.  Except as provided in federal law, officials or agencies of this state and counties, cities, towns and other political subdivisions of this state may not be prohibited or in any way be restricted from sending, receiving or maintaining information relating to the immigration status, lawful or unlawful, of any individual or exchanging that information with any other federal, state or local governmental entity for the following official purposes:

1.  Determining eligibility for any public benefit, service or license provided by any federal, state, local or other political subdivision of this state.

2.  Verifying any claim of residence or domicile if determination of residence or domicile is required under the laws of this state or a judicial order issued pursuant to a civil or criminal proceeding in this state.

3.  If the person is an alien, determining whether the person is in compliance with the federal registration laws prescribed by title II, chapter 7 of the federal immigration and nationality act.

4.  Pursuant to 8 United States Code section 1373 and United States Code section 1644.

G.  H.  This section does not implement, authorize or establish and shall not be construed to implement, authorize or establish the REAL ID act of 2005 (P.L. 109-13, division B;

119 Stat. 302), including the use of a radio frequency identification chip.

H.  I.  A person who is a legal resident of this state may bring an action in superior court to challenge any official or agency of this state or a county, city, town or other political subdivision of this state that adopts or implements a policy that limits or restricts the enforcement of federal immigration laws, including United States Code sections 1373 and 1644, to less than the full extent permitted allowed by federal law.  If there is a judicial finding that an entity has violated this section, the court shall order that the entity pay a civil penalty of not less than five hundred dollars at least $500 and not more than five thousand dollars $5,000 for each day that the policy has remained in effect after the filing of an action pursuant to this subsection.

I.  J.  A court shall collect the civil penalty penalties prescribed in subsection H of this section and remit the civil penalty penalties to the state treasurer for deposit in the gang and immigration intelligence team enforcement mission fund established by section 41‑1724.

J.  K.  The court may award court costs and reasonable attorney fees to any person or any official or agency of this state or a county, city, town or other political subdivision of this state that prevails by an adjudication on the merits in a proceeding brought pursuant to this section.

K.  L.  Except in relation to matters in which the officer is adjudged to have acted in bad faith, a law enforcement officer is indemnified by the law enforcement officer's agency against reasonable costs and expenses, including attorney fees, incurred by the officer in connection with any action, suit or proceeding brought pursuant to this section in which the officer may be a defendant by reason of the officer being or having been a member of the law enforcement agency.

L.  M.  This section shall be implemented in a manner consistent with federal laws regulating immigration, protecting the civil rights of all persons and respecting the privileges and immunities of United States citizens.

END_STATUTE Sec. 2.  Title 11, chapter 7, article 8, Arizona Revised Statutes, is amended by adding section 11-1052, to read:

START_STATUTE11-1052.  Sanctuary jurisdiction liability;

crime victim damages;  notice to state treasurer;

incarceration costs;