SB 1408 — human smuggling; electronic applications

House Engrossed Senate BillEngrossed human smuggling;

electronic applications (now:State of Arizona Senate Fifty-sixth Legislature First Regular Session SENATE BILL 1408 AN ACT AMENDING SECTION 13-2319, ARIZONA REVISED STATUTES;

electronic applications;

human smuggling) State of Arizona Senate Fifty-sixth Legislature First Regular Session SENATE BILL 1408 AN ACT AMENDING TITLE 13, CHAPTER 23, ARIZONA REVISED STATUTES, BY ADDING SECTION 13-2324;

TitleSection 13,13-2319, chapter 23, Arizona Revised Statutes, is amended by adding section 13-2324, to read:

13-2324.13-2319.

UnlawfulSmuggling; use of an electronic device to smuggle;

using electronic device to smuggle;

definitiondefinitions A.

ITIt ISis UNLAWFULunlawful FORfor Aa PERSONperson TOto USEintentionally Aengage TELEPHONEin ORthe COMPUTERsmuggling APPLICATIONof ORhuman PROGRAMbeings TOfor KNOWINGLYprofit ASSISTor INcommercial THEpurpose. SMUGGLING OF HUMAN BEINGS.

CHAPTERIT 10IS OFUNLAWFUL THISFOR TITLEA DOESPERSON NOTTO APPLYINTENTIONALLY TOOR KNOWINGLY USE A VIOLATIONTELEPHONE OR COMPUTER APPLICATION OR PROGRAM THAT ASSISTS IN THE SMUGGLING OF THISHUMAN SECTION.BEINGS.

B.

A VIOLATIONviolation OFof THISthis SECTIONsection ISis Aa CLASSclass 4 2 FELONYfelony. AND THE PERSON IS NOT ELIGIBLE FOR SUSPENSION OF SENTENCE, PROBATION, PARDON OR RELEASE FROM CONFINEMENT ON ANY OTHER BASIS, EXCEPT AS SPECIFICALLY AUTHORIZED PURSUANT TO SECTION 31-233, SUBSECTION A OR B UNTIL THE SENTENCE IMPOSED BY THE COURT IS SERVED, THE PERSON IS ELIGIBLE FOR RELEASE PURSUANT TO SECTION 41-1604.07 OR THE SENTENCE IS COMMUTED.

C.

Notwithstanding subsection B of this section, a violation of this section:

1.

Is a class 2 felony if the human being who is smuggled is under eighteen years of age and is not accompanied by a family member over eighteen years of age or the offense involved the use of a deadly weapon or dangerous instrument.

2.

Is a class 3 felony if the offense involves the use or threatened use of deadly physical force and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any other basis except pursuant to section 31-233, subsection A or B until the sentence imposed by the court is served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

FORChapter THE10 PURPOSESof OFthis THIStitle SECTION,does "SMUGGLINGnot OFapply HUMANto BEINGS"a MEANSviolation THEof TRANSPORTATION,subsection PROCUREMENTC, OFparagraph TRANSPORTATION1 ORof USEthis OFsection. PROPERTY OR REAL PROPERTY BY A PERSON OR AN ENTITY WITH THE INTENT TO DO EITHER OF THE FOLLOWING:

E.

Notwithstanding any other law, in the enforcement of this section a peace officer may lawfully stop any person who is operating a motor vehicle if the officer has reasonable suspicion to believe the person is in violation of any civil traffic law.

F.

For the purposes of this section:

CONCEAL"Family THEmember" PERSONmeans FROMthe Aperson's PEACEparent, OFFICER.grandparent, sibling or any other person who is related to the person by consanguinity or affinity to the second degree.

ASSIST1. THE PERSON WITH FLEEING FROM A PEACE OFFICER WHO IS ATTEMPTING TO LAWFULLY ARREST OR DETAIN THE PERSON.

-"Procurement 1of -transportation" means any participation in or facilitation of transportation and includes:

(a) Providing services that facilitate transportation including travel arrangement services or money transmission services.

(b) Providing property that facilitates transportation, including a weapon, a vehicle or other means of transportation or false identification, or selling, leasing, renting or otherwise making available a drop house as defined in section 13-2322.

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1408 3.

2.

"Smuggling of human beings" means the transportation, procurement of transportation or use of property or real property by a person or an entity that knows or has reason to know that the person or persons transported or to be transported are not United States citizens, permanent resident aliens or persons otherwise lawfully in this state or have attempted to enter, entered or remained in the United States in violation of law.

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