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The
Constitution of
The
United States of America
We the People of the United States, in
Order to
form a more perfect Union, establish Justice, insure domestic
Tranquility,
provide for the common defence, promote the general Welfare, and secure
the
Blessings of Liberty to ourselves and our Posterity, do ordain and
establish
this Constitution for the United States of America.
Article
I
Section 1. All legislative Powers herein granted
shall be vested in a Congress of
the United States, which shall consist of a Senate and House of
Representatives.
Section 2. The House of Representatives shall be
composed of Members chosen every
second Year by the People of the several States, and the Electors in
each State
shall have the Qualifications requisite for Electors of the most
numerous
Branch of the State Legislature.
No Person shall be a Representative
who shall
not have attained to the age of twenty five Years, and been seven Years
a
Citizen of the United States, and who shall not, when elected, be an
Inhabitant
of that State in which he shall be chosen.
Representatives and direct Taxes shall
be
apportioned among the several States which may be included within this
Union,
according to their respective Numbers, which shall be determined by
adding to
the whole Number of free Persons, including those bound to Service for
a Term
of Years, and excluding Indians not taxed, three fifths of all other
Persons.
The actual Enumeration shall be made within three Years after the first
Meeting
of the Congress of the United States, and within every subsequent Term
of ten
Years, in such Manner as they shall by Law direct. The Number of
Representatives shall not exceed one for every thirty Thousand, but
each State
shall have at Least one Representative; and until such enumeration
shall be
made, the State of New Hampshire shall be entitled to chuse three,
Massachusetts eight, Rhode-Island and Providence Plantations one,
Connecticut
five, New-York six, New Jersey four, Pennsylvania eight, Delaware one,
Maryland
six, Virginia ten, North Carolina five, South Carolina five, and
Georgia three.
When vacancies happen in the
Representation
from any State, the Executive Authority thereof shall issue Writs of
Election
to fill such Vacancies.
The House of Representatives shall
chuse their
Speaker and other Officers; and shall have the sole Power of
Impeachment.
Section 3. The Senate of the United States shall
be composed of two Senators from
each State, chosen by the Legislature thereof, for six Years; and each
Senator
shall have one Vote.
Immediately after they shall be
assembled in
Consequence of the first Election, they shall be divided as equally as
may be
into three Classes. The Seats of the Senators of the first Class shall
be
vacated at the Expiration of the second Year, of the second Class at
the
Expiration of the fourth Year, and the third Class at the Expiration of
the
sixth Year, so that one third may be chosen every second Year; and if
Vacancies
happen by Resignation, or otherwise, during the Recess of the
Legislature of
any State, the Executive thereof may make temporary Appointments until
the next
Meeting of the Legislature, which shall then fill such Vacancies.
No Person shall be a Senator who shall
not have
attained to the Age of thirty Years, and been nine Years a Citizen of
the
United States and who shall not, when elected, be an Inhabitant of that
State
for which he shall be chosen.
The Vice President of the United
States shall
be President of the Senate, but shall have no Vote, unless they be
equally
divided.
The Senate shall chuse their other
Officers,
and also a President pro tempore, in the Absence of the Vice President,
or when
he shall exercise the Office of President of the United States.
The Senate shall have the sole Power
to try all
Impeachments. When sitting for that Purpose, they shall be on Oath or
Affirmation. When the President of the United States is tried, the
Chief
Justice shall preside: And no Person shall be convicted without the
Concurrence
of two thirds of the Members present.
Judgment in Cases of Impeachment shall
not
extend further than to removal from Office, and disqualification to
hold and
enjoy any Office of Honor, Trust or Profit under the United States: but
the
Party convicted shall nevertheless be liable and subject to Indictment,
Trial,
Judgment and Punishment, according to Law
Section 4. The Times, Places and Manner of
holding Elections for Senators and
Representatives, shall be prescribed in each State by the Legislature
thereof;
but the Congress may at any time by Law make or alter such Regulations,
except
as to the Places of chusing Senators.
The Congress shall assemble at least
once in
every Year, and such Meeting shall be on the first Monday in December,
unless
they shall by Law appoint a different Day.
Section 5. Each House shall be the Judge of the
Elections, Returns and
Qualifications of its own Members, and a Majority of each shall
constitute a
Quorum to do Business; but a smaller Number may adjourn from day to
day, and
may be authorized to compel the Attendance of absent Members, in such
Manner,
and under such Penalties as each House may provide.
Each House may determine the Rules of
its
Proceedings, punish its Members for disorderly Behaviour, and, with the
Concurrence of two thirds, expel a Member.
Each House shall keep a Journal of its
Proceedings, and from time to time publish the same, excepting such
Parts as
may in their Judgment require Secrecy; and the Yeas and Nays of the
Members of
either House on any question shall, at the Desire of one fifth of those
Present, be entered on the Journal.
Neither House, during the Session of
Congress,
shall, without the Consent of the other, adjourn for more than three
days, nor
to any other Place than that in which the two Houses shall be sitting.
Section 6. The Senators and Representatives
shall receive a Compensation for their
Services, to be ascertained by Law, and paid out of the Treasury of the
United
States. They shall in all Cases, except Treason, Felony and Breach of
the
Peace, be privileged from Arrest during their Attendance at the Session
of their
respective Houses, and in going to and returning from the same; and for
any
Speech or Debate in either House, they shall not be questioned in any
other
Place.
No Senator or Representative shall,
during the
Time for which he was elected, be appointed to any civil Office under
the
Authority of the United States, which shall have been created, or the
Emoluments whereof shall have been encreased during such time: and no
Person
holding any Office under the United States, shall be a Member of either
House during
his Continuance in Office.
Section 7. All Bills for raising Revenue shall
originate in the House of
Representatives; but the Senate may propose or concur with Amendments
as on
other Bills.
Every Bill which shall have passed the
House of
Representatives and the Senate, shall, before it become a Law, be
presented to
the President of the United States; if he approve he shall sign it, but
if not
he shall return it, with his Objections to that House in which it shall
have
originated, who shall enter the Objections at large on their Journal,
and
proceed to reconsider it. If after such Reconsideration two thirds of
that
House shall agree to pass the Bill, it shall be sent, together with the
Objections, to the other House, by which it shall likewise be
reconsidered, and
if approved by two thirds of that House, it shall become a Law. But in
all such
Cases the Votes of both Houses shall be determined by Yeas and Nays,
and the
Names of the Persons voting for and against the Bill shall be entered
on the
Journal of each House respectively. If any Bill shall not be returned
by the
President within ten Days (Sundays excepted) after it shall have been
presented
to him, the Same shall be a Law, in like Manner as if he had signed it,
unless
the Congress by their Adjournment prevent its Return, in which Case it
shall
not be a Law.
Every Order, Resolution, or Vote to
which the
Concurrence of the Senate and House of Representatives may be necessary
(except
on a question of Adjournment) shall be presented to the President of
the United
States; and before the Same shall take Effect, shall be approved by
him, or
being disapproved by him, shall be repassed by two thirds of the Senate
and
House of Representatives, according to the Rules and Limitations
prescribed in
the Case of a Bill.
Section 8. The Congress shall have Power To lay
and collect Taxes, Duties, Imposts
and Excises, to pay the Debts and provide for the common Defence and
general
Welfare of the United States; but all Duties, Imposts and Excises shall
be
uniform throughout the United States;
To borrow Money on the credit of the
United
States;
To regulate Commerce with foreign
Nations, and
among the several States, and with the Indian Tribes;
To establish an uniform Rule of
Naturalization,
and uniform Laws on the subject of Bankruptcies throughout the United
States;
To coin Money, regulate the Value
thereof, and
of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of
counterfeiting
the Securities and current Coin of the United States;
To establish Post Offices and post
Roads;
To promote the Progress of Science and
useful
Arts, by securing for limited Times to Authors and Inventors the
exclusive
Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to
the supreme
Court;
To define and punish Piracies and
Felonies
committed on the high Seas, and Offences against the Law of Nations;
To declare War, grant Letters of
Marque and
Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no
Appropriation of Money to that Use shall be for a longer Term than two
Years;
To provide and maintain a Navy;
To make Rules for the Government and
Regulation
of the land and naval Forces;
To provide for calling forth the
Militia to
execute the Laws of the Union, suppress Insurrections and repel
Invasions;
To provide for organizing, arming, and
disciplining, the Militia, and for governing such Part of them as may
be
employed in the Service of the United States, reserving to the States
respectively, the Appointment of the Officers, and the Authority of
training
the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in
all Cases
whatsoever, over such District (not exceeding ten Miles square) as may,
by
Cession of particular States, and the Acceptance of Congress, become
the Seat
of the Government of the United States, and to exercise like Authority
over all
Places purchased by the Consent of the Legislature of the State in
which the Same
shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards,
and other
needful Buildings;--And
To make all Laws which shall be
necessary and
proper for carrying into Execution the foregoing Powers, and all other
Powers
vested by this Constitution in the Government of the United States, or
in any
Department or Officer thereof.
Section 9. The Migration or Importation of such
Persons as any of the States now
existing shall think proper to admit, shall not be prohibited by the
Congress
prior to the Year one thousand eight hundred and eight, but a Tax or
duty may
be imposed on such Importation, not exceeding ten dollars for each
Person.
The Privilege of the Writ of Habeas
Corpus
shall not be suspended, unless when in Cases of Rebellion or Invasion
the
public Safety may require it.
No Bill of Attainder or ex post facto
Law shall
be passed.
No Capitation, or other direct, Tax
shall be
laid, unless in Proportion to the Census or Enumeration herein before
directed
to be taken.
No Tax or Duty shall be laid on
Articles
exported from any State.
No Preference shall be given by any
Regulation
of Commerce or Revenue to the Ports of one State over those of another:
nor
shall Vessels bound to, or from, one State, be obliged to enter, clear
or pay
Duties in another.
No Money shall be drawn from the
Treasury, but
in Consequence of Appropriations made by Law; and a regular Statement
and
Account of Receipts and Expenditures of all public Money shall be
published
from time to time.
No Title of Nobility shall be granted
by the
United States: And no Person holding any Office of Profit or Trust
under them,
shall, without the Consent of the Congress, accept of any present,
Emolument,
Office, or Title, of any kind whatever, from any King, Prince, or
foreign
State.
Section 10. No State shall enter into any Treaty,
Alliance, or
Confederation; grant Letters of Marque and Reprisal; coin Money; emit
Bills of
Credit; make any Thing but gold and silver Coin a Tender in Payment of
Debts;
pass any Bill of Attainder, ex post facto Law, or Law impairing the
Obligation
of Contracts, or grant any Title of Nobility.
No State shall, without the Consent of
the
Congress, lay any Imposts or Duties on Imports or Exports, except what
may be
absolutely necessary for executing it's inspection Laws: and the net
Produce of
all Duties and Imposts, laid by any State on Imports or Exports, shall
be for
the Use of the Treasury of the United States; and all such Laws shall
be
subject to the Revision and Controul of the Congress.
No State shall, without the Consent of
Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time
of
Peace, enter into any Agreement or Compact with another State, or with
a
foreign Power, or engage in War, unless actually invaded, or in such
imminent
Danger as will not admit of delay.
Article
II
Section 1. The executive Power shall be vested
in a President of the United States
of America. He shall hold his Office during the Term of four Years,
and,
together with the Vice President, chosen for the same Term, be elected,
as
follows:
Each State shall appoint, in such
Manner as the
Legislature thereof may direct, a Number of Electors, equal to the
whole Number
of Senators and Representatives to which the State may be entitled in
the
Congress: but no Senator or Representative, or Person holding an Office
of
Trust or Profit under the United States, shall be appointed an Elector.
The Electors shall meet in their
respective
States, and vote by Ballot for two Persons, of whom one at least shall
not be
an Inhabitant of the same State with themselves. And they shall make a
List of
all the Persons voted for, and of the Number of Votes for each; which
List they
shall sign and certify, and transmit sealed to the Seat of the
Government of
the United States, directed to the President of the Senate. The
President of
the Senate shall, in the Presence of the Senate and House of
Representatives,
open all the Certificates, and the Votes shall then be counted. The
Person
having the greatest Number of Votes shall be the President, if such
Number be a
Majority of the whole Number of Electors appointed; and if there be
more than
one who have such Majority, and have an equal Number of Votes, then the
House
of Representatives shall immediately chuse by Ballot one of them for
President;
and if no Person have a Majority, then from the five highest on the
List the
said House shall in like Manner chuse the President. But in chusing the
President, the Votes shall be taken by States, the Representation from
each
State having one Vote; A quorum for this Purpose shall consist of a
Member or
Members from two thirds of the States, and a Majority of all the States
shall
be necessary to a Choice. In every Case, after the Choice of the
President, the
Person having the greatest Number of Votes of the Electors shall be the
Vice
President. But if there should remain two or more who have equal Votes,
the
Senate shall chuse from them by Ballot the Vice President.
The Congress may determine the Time of
chusing
the Electors, and the Day on which they shall give their Votes; which
Day shall
be the same throughout the United States.
No Person except a natural born
Citizen, or a
Citizen of the United States, at the time of the Adoption of this
Constitution,
shall be eligible to the Office of President; neither shall any Person
be
eligible to that Office who shall not have attained to the Age of
thirty five
Years, and been fourteen Years a Resident within the United States.
In Case of the Removal of the
President from
Office, or of his Death, Resignation, or Inability to discharge the
Powers and
Duties of the said Office, the Same shall devolve on the Vice
President, and
the Congress may by Law provide for the Case of Removal, Death,
Resignation or
Inability, both of the President and Vice President, declaring what
Officer
shall then act as President, and such Officer shall act accordingly,
until the
Disability be removed, or a President shall be elected.
The President shall, at stated Times,
receive
for his Services, a Compensation, which shall neither be encreased nor
diminished during the Period for which he shall have been elected, and
he shall
not receive within that Period any other Emolument from the United
States, or
any of them.
Before he enter on the Execution of
his Office,
he shall take the following Oath or Affirmation:--"I do solemnly swear
(or
affirm) that I will faithfully execute the Office of President of the
United
States, and will to the best of my Ability, preserve, protect and
defend the
Constitution of the United States."
Section 2. The President shall be Commander in
Chief of the Army and Navy of the
United States, and of the Militia of the several States, when called
into the
actual Service of the United States; he may require the Opinion, in
writing, of
the principal Officer in each of the executive Departments, upon any
Subject
relating to the Duties of their respective Offices, and he shall have
Power to
grant Reprieves and Pardons for Offences against the United States,
except in
Cases of Impeachment.
He shall have Power, by and with the
Advice and
Consent of the Senate, to make Treaties, provided two thirds of the
Senators
present concur; and he shall nominate, and by and with the Advice and
Consent
of the Senate, shall appoint Ambassadors, other public Ministers and
Consuls,
Judges of the supreme Court, and all other Officers of the United
States, whose
Appointments are not herein otherwise provided for, and which shall be
established by Law: but the Congress may by Law vest the Appointment of
such
inferior Officers, as they think proper, in the President alone, in the
Courts
of Law, or in the Heads of Departments.
The President shall have Power to fill
up all
Vacancies that may happen during the Recess of the Senate, by granting
Commissions which shall expire at the End of their next Session.
Section 3. He shall from time to time give to
the Congress Information of the
State of the Union, and recommend to their Consideration such Measures
as he
shall judge necessary and expedient; he may, on extraordinary
Occasions,
convene both Houses, or either of them, and in Case of Disagreement
between
them, with Respect to the Time of Adjournment, he may adjourn them to
such Time
as he shall think proper; he shall receive Ambassadors and other public
Ministers; he shall take Care that the Laws be faithfully executed, and
shall
Commission all the Officers of the United States.
Section 4. The President, Vice President and all
civil Officers of the United
States, shall be removed from Office on Impeachment for, and Conviction
of,
Treason, Bribery, or other high Crimes and Misdemeanor
Article
III
Section 1. The judicial Power of the United
States, shall be vested in one supreme
Court, and in such inferior Courts as the Congress may from time to
time ordain
and establish. The Judges, both of the supreme and inferior Courts,
shall hold
their Offices during good Behaviour, and shall, at stated Times,
receive for
their Services, a Compensation, which shall not be diminished during
their
Continuance in Office.
Section 2. The judicial Power shall extend to
all Cases, in Law and Equity,
arising under this Constitution, the Laws of the United States, and
Treaties
made, or which shall be made, under their Authority;--to all Cases
affecting
Ambassadors, other public Ministers and Consuls;--to all Cases of
admiralty and
maritime Jurisdiction;--to Controversies to which the United States
shall be a
Party;--to Controversies between two or more States;--between a State
and
Citizens of another State;--between Citizens of different
States;--between
Citizens of the same State claiming Lands under Grants of different
States, and
between a State, or the Citizens thereof, and foreign States, Citizens
or
Subjects.
In all Cases affecting Ambassadors,
other
public Ministers and Consuls, and those in which a State shall be
Party, the
supreme Court shall have original Jurisdiction. In all the other Cases
before
mentioned, the supreme Court shall have appellate Jurisdiction, both as
to Law
and Fact, with such Exceptions, and under such Regulations as the
Congress
shall make.
The Trial of all Crimes, except in
Cases of
Impeachment, shall be by Jury; and such Trial shall be held in the
State where
the said Crimes shall have been committed; but when not committed
within any
State, the Trial shall be at such Place or Places as the Congress may
by Law
have directed.
Section 3. Treason against the United States,
shall consist only in
levying War against them, or in adhering to their Enemies, giving them
Aid and
Comfort. No Person shall be convicted of Treason unless on the
Testimony of two
Witnesses to the same overt Act, or on Confession in open Court.
The Congress shall have Power to
declare the
Punishment of Treason, but no Attainder of Treason shall work
Corruption of
Blood, or Forfeiture except during the Life of the Person attainted.
Article
IV
Section 1. Full Faith and Credit shall be given
in each State to the public Acts,
Records, and judicial Proceedings of every other State. And the
Congress may by
general Laws prescribe the Manner in which such Acts, Records, and
Proceedings
shall be proved, and the Effect thereof.
Section 2. The Citizens of each State shall be
entitled to all Privileges and
Immunities of Citizens in the several States.
A Person charged in any State with
Treason,
Felony, or other Crime, who shall flee from Justice, and be found in
another
State, shall on Demand of the executive Authority of the State from
which he
fled, be delivered up, to be removed to the State having Jurisdiction
of the
Crime.
No Person held to Service or Labour in
one
State, under the Laws thereof, escaping into another, shall, in
Consequence of
any Law or Regulation therein, be discharged from such Service or
Labour, but
shall be delivered up on Claim of the Party to whom such Service or
Labour may
be due.
Section 3. New States may be admitted by the
Congress into this Union; but no new
States shall be formed or erected within the Jurisdiction of any other
State;
nor any State be formed by the Junction of two or more States, or Parts
of
States, without the Consent of the Legislatures of the States concerned
as well
as of the Congress.
The Congress shall have Power to
dispose of and
make all needful Rules and Regulations respecting the Territory or
other
Property belonging to the United States; and nothing in this
Constitution shall
be so construed as to Prejudice any Claims of the United States, or of
any
particular State.
Section 4. The United States shall guarantee to
every State in this Union a
Republican Form of Government, and shall protect each of them against
Invasion;
and on Application of the Legislature, or of the Executive (when the
Legislature
cannot be convened) against domestic Violence.
Article
V
The Congress, whenever two thirds of
both
Houses shall deem it necessary, shall propose Amendments to this
Constitution,
or, on the Application of the Legislatures of two thirds of the several
States,
shall call a Convention for proposing Amendments, which, in either
Case, shall
be valid to all Intents and Purposes, as Part of this Constitution,
when
ratified by the Legislatures of three fourths of the several States, or
by
Conventions in three fourths thereof, as the one or the other Mode of
Ratification may be proposed by the Congress; Provided that no
Amendment which
may be made prior to the Year One thousand eight hundred and eight
shall in any
Manner affect the first and fourth Clauses in the Ninth Section of the
first
Article; and that no State, without its Consent, shall be deprived of
its equal
Suffrage in the Senate.
Article
VI
All Debts contracted and Engagements
entered
into, before the Adoption of this Constitution, shall be as valid
against the
United States under this Constitution, as under the Confederation.
This Constitution, and the Laws of the
United
States which shall be made in Pursuance thereof; and all Treaties made,
or
which shall be made, under the Authority of the United States, shall be
the
supreme Law of the Land; and the Judges in every State shall be bound
thereby,
any Thing in the Constitution or Laws of any State to the Contrary
notwith-standing.
The Senators and Representatives
before
mentioned, and the Members of the several State Legislatures, and all
executive
and judicial Officers, both of the United States and of the several
States,
shall be bound by Oath or Affirmation, to support this Constitution;
but no
religious Test shall ever be required as a Qualification to any Office
or
public Trust under the United States.
Article
VII
The Ratification of the Conventions of
nine
States, shall be sufficient for the Establishment of this Constitution
between
the States so ratifying the Same.
Done in Convention by the Unanimous
Consent of
the States present the Seventeenth Day of September in the Year of our
Lord one
thousand seven hundred and Eighty seven and of the Independence of the
United
States of America the Twelfth
In witness whereof We have hereunto
subscribed our Names,
George Washington--President and
deputy from
Virginia
New Hampshire: John Langdon, Nicholas
Gilman
Massachusetts: Nathaniel Gorham, Rufus
King
Connecticut: William Samuel Johnson,
Roger
Sherman
New York: Alexander Hamilton
New Jersey: William Livingston, David
Brearly,
William Paterson, Jonathan Dayton
Pennsylvania: Benjamin Franklin,
Thomas
Mifflin, Robert Morris, George Clymer, Thomas FitzSimons, Jared
Ingersoll,
James Wilson, Gouverneur Morris
Delaware: George Read, Gunning
Bedford, Jr.,
John Dickinson, Richard Bassett, Jacob Broom
Maryland: James McHenry, Daniel of
Saint Thomas
Jenifer, Daniel Carroll
Virginia: John Blair, James Madison,
Jr.
North Carolina: William Blount,
Richard Dobbs
Spaight, Hugh Williamson
South Carolina: John Rutledge, Charles
Cotesworth Pinckney, Charles Pinckney, Pierce Butler
Georgia: William Few, Abraham Baldwin
Here
is the complete text of the original twelve amendments to the U.S.
Constitution.
Article
I
After the first enumeration required
by the
first article of the Constitution, there shall be one representative
for every
thirty thousand, until the number shall amount to one hundred, after
which the
proportion shall be so regulated by Congress, that there shall be not
less than
one hundred representatives, nor less than one representative for every
forty
thousand persons, until the number of representatives shall amount to
two
hundred; after which the proportion shall be so regulated by Congress,
that
there shall be not less than two hundred representatives, nor more than
one
representative for every fifty thousand persons.
Article II
No law varying the compensation for
the
services of the Senators and Representatives, shall take effect, until
an
election of Representatives shall have intervened.
Article III
Congress shall make no law respecting
an
establishment of religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press; or the right of the
people
peaceably to assemble, and to petition the Government for a redress of
grievances.
Article IV
A well regulated Militia, being
necessary to
the security of a free State, the right of the people to keep and bear
Arms,
shall not be infringed.
Article V
No Soldier shall, in time of peace be
quartered
in any house, without the consent of the Owner, nor in time of war, but
in a
manner to be prescribed by law.
Article VI
The right of the people to be secure
in their
persons, houses, papers, and effects, against unreasonable searches and
seizures, shall not be violated, and no Warrants shall issue, but upon
probable
cause, supported by Oath or affirmation, and particularly describing
the place
to be searched, and the persons or things to be seized.
Article VII
No person shall be held to answer for
a
capital, or otherwise infamous crime, unless on a presentment or
indictment of
a Grand Jury, except in cases arising in the land or naval forces, or
in the
Militia, when in actual service in time of War or public danger; nor
shall any
person be subject for the same offence to be twice put in jeopardy of
life or
limb; nor shall be compelled in any criminal case to be a witness
against
himself, nor be deprived of life, liberty, or property, without due
process of
law; nor shall private property be taken for public use, without just
compensation.
Article VIII
In all criminal prosecutions, the
accused shall
enjoy the right to a speedy and public trial, by an impartial jury of
the State
and district wherein the crime shall have been committed, which
district shall
have been previously ascertained by law, and to be informed of the
nature and
cause of the accusation; to be confronted with the witnesses against
him; to
have compulsory process for obtaining witnesses in his favor, and to
have the
Assistance of Counsel for his defence.
Article IX
In Suits at common law, where the
value in
controversy shall exceed twenty dollars, the right of trial by jury
shall be
preserved, and no fact tried by a jury, shall be otherwise re-examined
in any
Court of the United States, than according to the rules of the common
law.
Article X
Excessive bail shall not be required,
nor
excessive fines imposed, nor cruel and unusual punishments inflicted.
Article XI
The enumeration in the Constitution,
of certain
rights, shall not be construed to deny or disparage others retained by
the
people.
Article XII
The powers not delegated to the United
States
by the Constitution, nor prohibited by it to the States, are reserved
to the
States respectively, or to the people.
Declaration
of the Thirteen United
States of America
When, in the course of human events,
it becomes
necessary for one people to dissolve the political bands which have
connected
them with another, and to assume among the powers of the earth, the
separate
and equal station to which the laws of nature and of nature's God
entitle them,
a decent respect to the opinions of mankind requires that they should
declare
the causes which impel them to the separation.
We hold these truths to be
self-evident, that
all men are created equal, that they are endowed by their Creator with
certain
unalienable rights, that among these are life, liberty and the pursuit
of
happiness. That to secure these rights, governments are instituted
among men,
deriving their just powers from the consent of the governed. That
whenever any
form of government becomes destructive to these ends, it is the right
of the
people to alter or to abolish it, and to institute new government,
laying its
foundation on such principles and organizing its powers in such form,
as to
them shall seem most likely to effect their safety and happiness.
Prudence,
indeed, will dictate that governments long established should not be
changed
for light and transient causes; and accordingly all experience hath
shown that
mankind are more disposed to suffer, while evils are sufferable, than
to right
themselves by abolishing the forms to which they are accustomed. But
when a
long train of abuses and usurpations, pursuing invariably the same
object
evinces a design to reduce them under absolute despotism, it is their
right, it
is their duty, to throw off such government, and to provide new guards
for
their future security. --Such has been the patient sufferance of these
colonies; and such is now the necessity which constrains them to alter
their
former systems of government. The history of the present King of Great
Britain
is a history of repeated injuries and usurpations, all having in direct
object
the establishment of an absolute tyranny over these states. To prove
this, let
facts be submitted to a candid world.
He has refused his assent to laws, the
most
wholesome and necessary for the public good.
He has forbidden his governors to pass
laws of
immediate and pressing importance, unless suspended in their operation
till his
assent should be obtained; and when so suspended, he has utterly
neglected to
attend to them.
He has refused to pass other laws for
the
accommodation of large districts of people, unless those people would
relinquish the right of representation in the legislature, a right
inestimable
to them and formidable to tyrants only.
He has called together legislative
bodies at
places unusual, uncomfortable, and distant from the depository of their
public
records, for the sole purpose of fatiguing them into compliance with
his
measures.
He has dissolved representative houses
repeatedly, for opposing with manly firmness his invasions on the
rights of the
people.
He has refused for a long time, after
such
dissolutions, to cause others to be elected; whereby the legislative
powers,
incapable of annihilation, have returned to the people at large for
their
exercise; the state remaining in the meantime exposed to all the
dangers of
invasion from without, and convulsions within.
He has endeavored to prevent the
population of
these states; for that purpose obstructing the laws for naturalization
of
foreigners; refusing to pass others to encourage their migration
hither, and
raising the conditions of new appropriations of lands.
He has obstructed the administration
of
justice, by refusing his assent to laws for establishing judiciary
powers.
He has made judges dependent on his
will alone,
for the tenure of their offices, and the amount and payment of their
salaries.
He has erected a multitude of new
offices, and
sent hither swarms of officers to harass our people, and eat out their
substance.
He has kept among us, in times of
peace,
standing armies without the consent of our legislature.
He has affected to render the military
independent
of and superior to civil power.
He has combined with others to subject
us to a
jurisdiction foreign to our constitution, and unacknowledged by our
laws;
giving his assent to their acts of pretended legislation:
For quartering large bodies of armed
troops
among us:
For protecting them, by mock trial,
from
punishment for any murders which they should commit on the inhabitants
of these
states:
For cutting off our trade with all
parts of the
world:
For imposing taxes on us without our
consent:
For depriving us in many cases, of the
benefits
of trial by jury:
For transporting us beyond seas to be
tried for
pretended offenses:
|
|
For abolishing the free system of
English laws
in a neighboring province, establishing therein an arbitrary
government, and
enlarging its boundaries so as to render it at once an example and fit
instrument for introducing the same absolute rule in these colonies:
For taking away our charters,
abolishing our
most valuable laws, and altering fundamentally the forms of our
governments:
For suspending our own legislatures,
and
declaring themselves invested with power to legislate for us in all
cases
whatsoever.
He has abdicated government here, by
declaring
us out of his protection and waging war against us.
He has plundered our seas, ravaged our
coasts,
burned our towns, and destroyed the lives of our people.
He is at this time transporting large
armies of
foreign mercenaries to complete the works of death, desolation and
tyranny,
already begun with circumstances of cruelty and perfidy scarcely
paralleled in
the most barbarous ages, and totally unworthy the head of a civilized
nation.
He has constrained our fellow citizens
taken
captive on the high seas to bear arms against their country, to become
the
executioners of their friends and brethren, or to fall themselves by
their
hands.
He has excited domestic insurrections
amongst
us, and has endeavored to bring on the inhabitants of our frontiers,
the
merciless Indian savages, whose known rule of warfare, is
undistinguished
destruction of all ages, sexes and conditions.
In every stage of these oppressions we
have
petitioned for redress in the most humble terms: our repeated petitions
have
been answered only by repeated injury. A prince, whose character is
thus marked
by every act which may define a tyrant, is unfit to be the ruler of a
free
people.
Nor have we been wanting in attention
to our
British brethren. We have warned them from time to time of attempts by
their
legislature to extend an unwarrantable jurisdiction over us. We have
reminded
them of the circumstances of our emigration and settlement here. We
have
appealed to their native justice and magnanimity, and we have conjured
them by
the ties of our common kindred to disavow these usurpations, which,
would
inevitably interrupt our connections and correspondence. They too have
been
deaf to the voice of justice and of consanguinity. We must, therefore,
acquiesce in the necessity, which denounces our separation, and hold
them, as
we hold the rest of mankind, enemies in war, in peace friends.
We, therefore, the representatives of
the
United States of America, in General Congress, assembled, appealing to
the
Supreme Judge of the world for the rectitude of our intentions, do, in
the
name, and by the authority of the good people of these colonies,
solemnly
publish and declare, that these united colonies are, and of right ought
to be
free and independent states; that they are absolved from all allegiance
to the
British Crown, and that all political connection between them and the
state of
Great Britain, is and ought to be totally dissolved; and that as free
and
independent states, they have full power to levy war, conclude peace,
contract
alliances, establish commerce, and to do all other acts and things
which
independent states may of right do. And for the support of this
declaration,
with a firm reliance on the protection of Divine Providence, we
mutually pledge
to each other our lives, our fortunes and our sacred honor.
New Hampshire: Josiah Bartlett,
William
Whipple, Matthew Thornton
Massachusetts: John Hancock, Samual
Adams, John
Adams, Robert Treat Paine, Elbridge Gerry
Rhode Island: Stephen Hopkins, William
Ellery
Connecticut: Roger Sherman, Samuel
Huntington,
William Williams, Oliver Wolcott
New York: William Floyd, Philip
Livingston,
Francis Lewis, Lewis Morris
New Jersey: Richard Stockton, John
Witherspoon,
Francis Hopkinson, John Hart, Abraham Clark
Pennsylvania: Robert Morris, Benjamin
Rush,
Benjamin Franklin, John Morton, George Clymer, James Smith, George
Taylor,
James Wilson, George Ross
Delaware: Caesar Rodney, George Read,
Thomas
McKean
Maryland: Samuel Chase, William Paca,
Thomas
Stone, Charles Carroll of Carrollton
Virginia: George Wythe, Richard Henry
Lee,
Thomas Jefferson, Benjamin Harrison, Thomas Nelson, Jr., Francis
Lightfoot Lee,
Carter Braxton
North Carolina: William Hooper, Joseph
Hewes,
John Penn
South Carolina: Edward Rutledge,
Thomas
Heyward, Jr., Thomas Lynch, Jr., Arthur Middleton
Georgia: Button Gwinnett, Lyman Hall,
George
Walton
have
you read the Arizona law on Illegal
immigration
House
Engrossed Senate Bill
State
of Arizona
Senate
Forty-ninth
Legislature
Second
Regular Session
2010
SENATE
BILL 1070
AN
ACT
AMENDING
TITLE 11, CHAPTER 7, ARIZONA REVISED STATUTES, BY ADDING
ARTICLE 8;
AMENDING
TITLE 13, CHAPTER 15, ARIZONA REVISED STATUTES, BY ADDING
SECTION
13-1509;
AMENDING SECTION 13-2319, ARIZONA REVISED STATUTES;
AMENDING TITLE
13,
CHAPTER 29, ARIZONA REVISED STATUTES, BY ADDING SECTIONS
13-2928 AND
13-2929;
AMENDING SECTIONS 13-3883, 23-212, 23-212.01, 23-214 AND
28-3511,
ARIZONA
REVISED STATUTES; AMENDING TITLE 41, CHAPTER 12, ARTICLE
2, ARIZONA
REVISED
STATUTES, BY ADDING SECTION 41-1724; RELATING TO
UNLAWFULLY PRESENT
ALIENS.
S.B.
1070
-
1 -
1
Be it enacted by the
Legislature of the State of Arizona:
2
Section 1. Intent
3
The legislature finds
that there is a compelling interest in the
4
cooperative enforcement
of federal immigration laws throughout all of
5
Arizona. The legislature
declares that the intent of this act is to make
6
attrition through
enforcement the public policy of all state and local
7
government agencies in
Arizona. The provisions of this act are intended to
8
work together to
discourage and deter the unlawful entry and presence of
9
aliens and economic
activity by persons unlawfully present in the United
10
States.
11
Sec. 2. Title 11,
chapter 7, Arizona Revised Statutes, is amended by
12
adding article 8, to
read:
13
ARTICLE 8. ENFORCEMENT
OF IMMIGRATION LAWS
14
11-1051. Cooperation and
assistance in enforcement of
15
immigration laws;
indemnification
16
A. NO OFFICIAL OR AGENCY
OF THIS STATE OR A COUNTY, CITY, TOWN OR
17
OTHER POLITICAL
SUBDIVISION OF THIS STATE MAY LIMIT OR RESTRICT THE
18
ENFORCEMENT OF FEDERAL
IMMIGRATION LAWS TO LESS THAN THE FULL EXTENT
19
PERMITTED BY FEDERAL
LAW.
20
B. FOR ANY LAWFUL
CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR A LAW
21
ENFORCEMENT AGENCY OF
THIS STATE OR A LAW ENFORCEMENT OFFICIAL OR A LAW
22
ENFORCEMENT AGENCY OF A
COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF
23
THIS STATE WHERE
REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO
24
IS UNLAWFULLY PRESENT IN
THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE
25
MADE, WHEN PRACTICABLE,
TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON,
26
EXCEPT IF THE
DETERMINATION MAY HINDER OR OBSTRUCT AN INVESTIGATION. ANY
27
PERSON WHO IS ARRESTED
SHALL HAVE THE PERSON'S IMMIGRATION STATUS DETERMINED
28
BEFORE THE PERSON IS
RELEASED. THE PERSON'S IMMIGRATION STATUS SHALL BE
29
VERIFIED WITH THE
FEDERAL GOVERNMENT PURSUANT TO 8 UNITED STATES CODE SECTION
30
1373(c). A LAW
ENFORCEMENT OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY,
31
CITY, TOWN OR OTHER
POLITICAL SUBDIVISION OF THIS STATE MAY NOT SOLELY
32
CONSIDER RACE, COLOR OR
NATIONAL ORIGIN IN IMPLEMENTING THE REQUIREMENTS OF
33
THIS SUBSECTION EXCEPT
TO THE EXTENT PERMITTED BY THE UNITED STATES OR
34
ARIZONA CONSTITUTION. A
PERSON IS PRESUMED TO NOT BE AN ALIEN WHO IS
35
UNLAWFULLY PRESENT IN
THE UNITED STATES IF THE PERSON PROVIDES TO THE LAW
36
ENFORCEMENT OFFICER OR
AGENCY ANY OF THE FOLLOWING:
37
1. A VALID ARIZONA
DRIVER LICENSE.
38
2. A VALID ARIZONA
NONOPERATING IDENTIFICATION LICENSE.
39
3. A VALID TRIBAL
ENROLLMENT CARD OR OTHER FORM OF TRIBAL
40
IDENTIFICATION.
41
4. IF THE ENTITY
REQUIRES PROOF OF LEGAL PRESENCE IN THE UNITED STATES
42
BEFORE ISSUANCE, ANY VALID UNITED STATES FEDERAL, STATE O
S.B.
1070
-
2 -
1
C. IF AN ALIEN WHO IS
UNLAWFULLY PRESENT IN THE UNITED STATES IS
2
CONVICTED OF A VIOLATION
OF STATE OR LOCAL LAW, ON DISCHARGE FROM
3
IMPRISONMENT OR ON THE
ASSESSMENT OF ANY MONETARY OBLIGATION THAT IS IMPOSED,
4
THE UNITED STATES
IMMIGRATION AND CUSTOMS ENFORCEMENT OR THE UNITED STATES
5
CUSTOMS AND BORDER
PROTECTION SHALL BE IMMEDIATELY NOTIFIED.
6
D. NOTWITHSTANDING ANY
OTHER LAW, A LAW ENFORCEMENT AGENCY MAY
7
SECURELY TRANSPORT AN
ALIEN WHO THE AGENCY HAS RECEIVED VERIFICATION IS
8
UNLAWFULLY PRESENT IN THE
UNITED STATES AND WHO IS IN THE AGENCY'S CUSTODY TO
9
A FEDERAL FACILITY IN
THIS STATE OR TO ANY OTHER POINT OF TRANSFER INTO
10
FEDERAL CUSTODY THAT IS
OUTSIDE THE JURISDICTION OF THE LAW ENFORCEMENT
11
AGENCY. A LAW
ENFORCEMENT AGENCY SHALL OBTAIN JUDICIAL AUTHORIZATION BEFORE
12
SECURELY TRANSPORTING AN
ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES
13
TO A POINT OF TRANSFER
THAT IS OUTSIDE OF THIS STATE.
14
E. EXCEPT AS PROVIDED IN
FEDERAL LAW, OFFICIALS OR AGENCIES OF THIS
15
STATE AND COUNTIES,
CITIES, TOWNS AND OTHER POLITICAL SUBDIVISIONS OF THIS
16
STATE MAY NOT BE
PROHIBITED OR IN ANY WAY BE RESTRICTED FROM SENDING,
17
RECEIVING OR MAINTAINING
INFORMATION RELATING TO THE IMMIGRATION STATUS,
18
LAWFUL OR UNLAWFUL, OF
ANY INDIVIDUAL OR EXCHANGING THAT INFORMATION WITH ANY
19
OTHER FEDERAL, STATE OR
LOCAL GOVERNMENTAL ENTITY FOR THE FOLLOWING OFFICIAL
20
PURPOSES:
21
1. DETERMINING
ELIGIBILITY FOR ANY PUBLIC BENEFIT, SERVICE OR LICENSE
22
PROVIDED BY ANY FEDERAL,
STATE, LOCAL OR OTHER POLITICAL SUBDIVISION OF THIS
23
STATE.
24
2. VERIFYING ANY CLAIM
OF RESIDENCE OR DOMICILE IF DETERMINATION OF
25
RESIDENCE OR DOMICILE IS
REQUIRED UNDER THE LAWS OF THIS STATE OR A JUDICIAL
26
ORDER ISSUED PURSUANT TO
A CIVIL OR CRIMINAL PROCEEDING IN THIS STATE.
27
3. IF THE PERSON IS AN
ALIEN, DETERMINING WHETHER THE PERSON IS IN
28
COMPLIANCE WITH THE
FEDERAL REGISTRATION LAWS PRESCRIBED BY TITLE II, CHAPTER
29
7 OF THE FEDERAL
IMMIGRATION AND NATIONALITY ACT.
30
4. PURSUANT TO 8 UNITED
STATES CODE SECTION 1373 AND 8 UNITED STATES
31
CODE SECTION 1644.
32
F. THIS SECTION DOES NOT
IMPLEMENT, AUTHORIZE OR ESTABLISH AND SHALL
33
NOT BE CONSTRUED TO
IMPLEMENT, AUTHORIZE OR ESTABLISH THE REAL ID ACT OF 2005
34
(P.L. 109-13, DIVISION
B; 119 STAT. 302), INCLUDING THE USE OF A RADIO
35
FREQUENCY IDENTIFICATION
CHIP.
36
G. A PERSON WHO IS A
LEGAL RESIDENT OF THIS STATE MAY BRING AN ACTION
37
IN SUPERIOR COURT TO
CHALLENGE ANY OFFICIAL OR AGENCY OF THIS STATE OR A
38
COUNTY, CITY, TOWN OR
OTHER POLITICAL SUBDIVISION OF THIS STATE THAT ADOPTS
39
OR IMPLEMENTS A POLICY
OR PRACTICE THAT LIMITS OR RESTRICTS THE ENFORCEMENT
40
OF FEDERAL IMMIGRATION
LAWS TO LESS THAN THE FULL EXTENT PERMITTED BY FEDERAL
41
LAW. IF THERE IS A
JUDICIAL FINDING THAT AN ENTITY HAS VIOLATED THIS
42
SECTION, THE COURT SHALL
ORDER THAT THE ENTITY PAY A CIVIL PENALTY OF NOT
43
LESS THAN ONE THOUSAND
DOLLARS AND NOT MORE THAN FIVE THOUSAND DOLLARS FOR
44
EACH DAY THAT THE POLICY HAS REMAINED IN EFFECT AFTER THE
FILING OF
S.B.
1070
-
3 -
1
H. A COURT SHALL COLLECT
THE CIVIL PENALTY PRESCRIBED IN SUBSECTION G
2
OF THIS SECTION AND REMIT
THE CIVIL PENALTY TO THE STATE TREASURER FOR
3
DEPOSIT IN THE GANG AND
IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION
4
FUND ESTABLISHED BY
SECTION 41-1724.
5
I. THE COURT MAY AWARD
COURT COSTS AND REASONABLE ATTORNEY FEES TO ANY
6
PERSON OR ANY OFFICIAL OR
AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR
7
OTHER POLITICAL
SUBDIVISION OF THIS STATE THAT PREVAILS BY AN ADJUDICATION ON
8
THE MERITS IN A
PROCEEDING BROUGHT PURSUANT TO THIS SECTION.
9
J. EXCEPT IN RELATION TO
MATTERS IN WHICH THE OFFICER IS ADJUDGED TO
10
HAVE ACTED IN BAD FAITH,
A LAW ENFORCEMENT OFFICER IS INDEMNIFIED BY THE LAW
11
ENFORCEMENT OFFICER'S
AGENCY AGAINST REASONABLE COSTS AND EXPENSES, INCLUDING
12
ATTORNEY FEES, INCURRED
BY THE OFFICER IN CONNECTION WITH ANY ACTION, SUIT OR
13
PROCEEDING BROUGHT
PURSUANT TO THIS SECTION IN WHICH THE OFFICER MAY BE A
14
DEFENDANT BY REASON OF
THE OFFICER BEING OR HAVING BEEN A MEMBER OF THE LAW
15
ENFORCEMENT AGENCY.
16
K. THIS SECTION SHALL BE
IMPLEMENTED IN A MANNER CONSISTENT WITH
17
FEDERAL LAWS REGULATING
IMMIGRATION, PROTECTING THE CIVIL RIGHTS OF ALL
18
PERSONS AND RESPECTING
THE PRIVILEGES AND IMMUNITIES OF UNITED STATES
19
CITIZENS.
20
Sec. 3. Title 13,
chapter 15, Arizona Revised Statutes, is amended by
21
adding section 13-1509,
to read:
22
13-1509. Willful failure
to complete or carry an alien
23
registration document;
assessment; exception;
24
authenticated records;
classification
25
A. IN ADDITION TO ANY
VIOLATION OF FEDERAL LAW, A PERSON IS GUILTY OF
26
WILLFUL FAILURE TO
COMPLETE OR CARRY AN ALIEN REGISTRATION DOCUMENT IF THE
27
PERSON IS IN VIOLATION
OF 8 UNITED STATES CODE SECTION 1304(e) OR 1306(a).
28
B. IN THE ENFORCEMENT OF
THIS SECTION, AN ALIEN'S IMMIGRATION STATUS
29
MAY BE DETERMINED BY:
30
1. A LAW ENFORCEMENT
OFFICER WHO IS AUTHORIZED BY THE FEDERAL
31
GOVERNMENT TO VERIFY OR
ASCERTAIN AN ALIEN'S IMMIGRATION STATUS.
32
2. THE UNITED STATES
IMMIGRATION AND CUSTOMS ENFORCEMENT OR THE UNITED
33
STATES CUSTOMS AND
BORDER PROTECTION PURSUANT TO 8 UNITED STATES CODE SECTION
34
1373(c).
35
C. A PERSON WHO IS
SENTENCED PURSUANT TO THIS SECTION IS NOT ELIGIBLE
36
FOR SUSPENSION OF
SENTENCE, PROBATION, PARDON, COMMUTATION OF SENTENCE, OR
37
RELEASE FROM CONFINEMENT
ON ANY BASIS EXCEPT AS AUTHORIZED BY SECTION 31-233,
38
SUBSECTION A OR B UNTIL
THE SENTENCE IMPOSED BY THE COURT HAS BEEN SERVED OR
39
THE PERSON IS ELIGIBLE
FOR RELEASE PURSUANT TO SECTION 41-1604.07.
40
D. IN ADDITION TO ANY
OTHER PENALTY PRESCRIBED BY LAW, THE COURT SHALL
41
ORDER THE PERSON TO PAY
JAIL COSTS AND AN ADDITIONAL ASSESSMENT IN THE
42
FOLLOWING AMOUNTS:
43
1. AT LEAST FIVE HUNDRED
DOLLARS FOR A FIRST VIOLATION.
44
2. TWICE THE AMOUNT
SPECIFIED IN PARAGRAPH 1 OF THIS SUBSECTION IF THE
45
PERSON WAS PREVIOUSLY SUBJECT TO AN ASSESSMENT PURSUANT TO THIS
SUBSECTION.
1
E. A COURT SHALL COLLECT
THE ASSESSMENTS PRESCRIBED IN SUBSECTION D OF
2
THIS SECTION AND REMIT
THE ASSESSMENTS TO THE DEPARTMENT OF PUBLIC SAFETY,
3
WHICH SHALL ESTABLISH A
SPECIAL SUBACCOUNT FOR THE MONIES IN THE ACCOUNT
4
ESTABLISHED FOR THE GANG
AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT
5
MISSION APPROPRIATION.
MONIES IN THE SPECIAL SUBACCOUNT ARE SUBJECT TO
6
LEGISLATIVE APPROPRIATION
FOR DISTRIBUTION FOR GANG AND IMMIGRATION
7
ENFORCEMENT AND FOR
COUNTY JAIL REIMBURSEMENT COSTS RELATING TO ILLEGAL
8
IMMIGRATION.
9
F. THIS SECTION DOES NOT
APPLY TO A PERSON WHO MAINTAINS AUTHORIZATION
10
FROM THE FEDERAL
GOVERNMENT TO REMAIN IN THE UNITED STATES.
11
G. ANY RECORD THAT
RELATES TO THE IMMIGRATION STATUS OF A PERSON IS
12
ADMISSIBLE IN ANY COURT
WITHOUT FURTHER FOUNDATION OR TESTIMONY FROM A
13
CUSTODIAN OF RECORDS IF
THE RECORD IS CERTIFIED AS AUTHENTIC BY THE
14
GOVERNMENT AGENCY THAT
IS RESPONSIBLE FOR MAINTAINING THE RECORD.
15
H. A VIOLATION OF THIS
SECTION IS A CLASS 1 MISDEMEANOR, EXCEPT THAT A
16
VIOLATION OF THIS
SECTION IS:
17
1. A CLASS 3 FELONY IF
THE PERSON VIOLATES THIS SECTION WHILE IN
18
POSSESSION OF ANY OF THE
FOLLOWING:
19
(a) A DANGEROUS DRUG AS
DEFINED IN SECTION 13-3401.
20
(b) PRECURSOR CHEMICALS
THAT ARE USED IN THE MANUFACTURING OF
21
METHAMPHETAMINE IN
VIOLATION OF SECTION 13-3404.01.
22
(c) A DEADLY WEAPON OR A
DANGEROUS INSTRUMENT, AS DEFINED IN SECTION
23
13-105.
24
(d) PROPERTY THAT IS
USED FOR THE PURPOSE OF COMMITTING AN ACT OF
25
TERRORISM AS PRESCRIBED
IN SECTION 13-2308.01.
26
2. A CLASS 4 FELONY IF
THE PERSON EITHER:
27
(a) IS CONVICTED OF A
SECOND OR SUBSEQUENT VIOLATION OF THIS SECTION.
28
(b) WITHIN SIXTY MONTHS
BEFORE THE VIOLATION, HAS BEEN REMOVED FROM
29
THE UNITED STATES
PURSUANT TO 8 UNITED STATES CODE SECTION 1229a OR HAS
30
ACCEPTED A VOLUNTARY
REMOVAL FROM THE UNITED STATES PURSUANT TO 8 UNITED
31
STATES CODE SECTION 1229c.
32
Sec. 4. Section 13-2319,
Arizona Revised Statutes, is amended to read:
33
13-2319. Smuggling;
classification; definitions
34
A. It is unlawful for a
person to intentionally engage in the
35
smuggling of human
beings for profit or commercial purpose.
36
B. A violation of this
section is a class 4 felony.
37
C. Notwithstanding
subsection B of this section, a violation of this
38
section:
39
1. Is a class 2 felony
if the human being who is smuggled is under
40
eighteen years of age
and is not accompanied by a family member over eighteen
41
years of age or the
offense involved the use of a deadly weapon or dangerous
42
instrument.
43
2. Is a class 3 felony
if the offense involves the use or threatened
44
use of deadly physical
force and the person is not eligible for suspension of
45
sentence, probation, pardon or release from confinement on any
S.B.
1070
-
5 -
1
except pursuant to
section 31-233, subsection A or B until the sentence
2
imposed by the court is
served, the person is eligible for release pursuant
3
to section 41-1604.07 or
the sentence is commuted.
4
D. Chapter 10 of this
title does not apply to a violation of
5
subsection C, paragraph 1
of this section.
6
E. NOTWITHSTANDING ANY
OTHER LAW, IN THE ENFORCEMENT OF THIS SECTION A
7
PEACE OFFICER MAY
LAWFULLY STOP ANY PERSON WHO IS OPERATING A MOTOR VEHICLE
8
IF THE OFFICER HAS
REASONABLE SUSPICION TO BELIEVE THE PERSON IS IN VIOLATION
9
OF ANY CIVIL TRAFFIC LAW.
10
E. F. For the purposes
of this section:
11
1. "Family
member" means the person's parent, grandparent, sibling or
12
any other person who is
related to the person by consanguinity or affinity to
13
the second degree.
14
2. "Procurement of
transportation" means any participation in or
15
facilitation of
transportation and includes:
16
(a) Providing services
that facilitate transportation including travel
17
arrangement services or
money transmission services.
18
(b) Providing property
that facilitates transportation, including a
19
weapon, a vehicle or
other means of transportation or false identification,
20
or selling, leasing,
renting or otherwise making available a drop house as
21
defined in section
13-2322.
22
3. "Smuggling of
human beings" means the transportation, procurement
23
of transportation or use
of property or real property by a person or an
24
entity that knows or has
reason to know that the person or persons
25
transported or to be
transported are not United States citizens, permanent
26
resident aliens or
persons otherwise lawfully in this state or have attempted
27
to enter, entered or
remained in the United States in violation of law.
28
Sec. 5. Title 13,
chapter 29, Arizona Revised Statutes, is amended by
29
adding sections 13-2928
and 13-2929, to read:
30
13-2928. Unlawful
stopping to hire and pick up passengers for
31
work; unlawful
application, solicitation or
32
employment;
classification; definitions
33
A. IT IS UNLAWFUL FOR AN
OCCUPANT OF A MOTOR VEHICLE THAT IS STOPPED
34
ON A STREET, ROADWAY OR
HIGHWAY TO ATTEMPT TO HIRE OR HIRE AND PICK UP
35
PASSENGERS FOR WORK AT A
DIFFERENT LOCATION IF THE MOTOR VEHICLE BLOCKS OR
36
IMPEDES THE NORMAL
MOVEMENT OF TRAFFIC.
37
B. IT IS UNLAWFUL FOR A
PERSON TO ENTER A MOTOR VEHICLE THAT IS
38
STOPPED ON A STREET,
ROADWAY OR HIGHWAY IN ORDER TO BE HIRED BY AN OCCUPANT
39
OF THE MOTOR VEHICLE AND
TO BE TRANSPORTED TO WORK AT A DIFFERENT LOCATION IF
40
THE MOTOR VEHICLE BLOCKS
OR IMPEDES THE NORMAL MOVEMENT OF TRAFFIC.
41
C. IT IS UNLAWFUL FOR A
PERSON WHO IS UNLAWFULLY PRESENT IN THE UNITED
42
STATES AND WHO IS AN
UNAUTHORIZED ALIEN TO KNOWINGLY APPLY FOR WORK, SOLICIT
43
WORK IN A PUBLIC PLACE
OR PERFORM WORK AS AN EMPLOYEE OR INDEPENDENT
44
CONTRACTOR IN THIS
STATE.
45
D. A VIOLATION OF THIS SECTION IS A CLASS 1 MISDEMEANOR.
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E. FOR THE PURPOSES OF
THIS SECTION:
2
1. "SOLICIT"
MEANS VERBAL OR NONVERBAL COMMUNICATION BY A GESTURE OR A
3
NOD THAT WOULD INDICATE
TO A REASONABLE PERSON THAT A PERSON IS WILLING TO BE
4
EMPLOYED.
5
2. "UNAUTHORIZED
ALIEN" MEANS AN ALIEN WHO DOES NOT HAVE THE LEGAL
6
RIGHT OR AUTHORIZATION
UNDER FEDERAL LAW TO WORK IN THE UNITED STATES AS
7
DESCRIBED IN 8 UNITED
STATES CODE SECTION 1324a(h)(3).
8
13-2929. Unlawful
transporting, moving, concealing, harboring
9
or shielding of unlawful
aliens; vehicle
10
impoundment; exception;
classification
11
A. IT IS UNLAWFUL FOR A
PERSON WHO IS IN VIOLATION OF A CRIMINAL
12
OFFENSE TO:
13
1. TRANSPORT OR MOVE OR
ATTEMPT TO TRANSPORT OR MOVE AN ALIEN IN THIS
14
STATE, IN FURTHERANCE OF
THE ILLEGAL PRESENCE OF THE ALIEN IN THE UNITED
15
STATES, IN A MEANS OF
TRANSPORTATION IF THE PERSON KNOWS OR RECKLESSLY
16
DISREGARDS THE FACT THAT
THE ALIEN HAS COME TO, HAS ENTERED OR REMAINS IN THE
17
UNITED STATES IN
VIOLATION OF LAW.
18
2. CONCEAL, HARBOR OR
SHIELD OR ATTEMPT TO CONCEAL, HARBOR OR SHIELD
19
AN ALIEN FROM DETECTION
IN ANY PLACE IN THIS STATE, INCLUDING ANY BUILDING OR
20
ANY MEANS OF
TRANSPORTATION, IF THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE
21
FACT THAT THE ALIEN HAS
COME TO, HAS ENTERED OR REMAINS IN THE UNITED STATES
22
IN VIOLATION OF LAW.
23
3. ENCOURAGE OR INDUCE
AN ALIEN TO COME TO OR RESIDE IN THIS STATE IF
24
THE PERSON KNOWS OR
RECKLESSLY DISREGARDS THE FACT THAT SUCH COMING TO,
25
ENTERING OR RESIDING IN
THIS STATE IS OR WILL BE IN VIOLATION OF LAW.
26
B. A MEANS OF
TRANSPORTATION THAT IS USED IN THE COMMISSION OF A
27
VIOLATION OF THIS
SECTION IS SUBJECT TO MANDATORY VEHICLE IMMOBILIZATION OR
28
IMPOUNDMENT PURSUANT TO
SECTION 28-3511.
29
C. THIS SECTION DOES NOT
APPLY TO A CHILD PROTECTIVE SERVICES WORKER
30
ACTING IN THE WORKER'S
OFFICIAL CAPACITY OR A PERSON WHO IS ACTING IN THE
31
CAPACITY OF A FIRST
RESPONDER, AN AMBULANCE ATTENDANT OR AN EMERGENCY MEDICAL
32
TECHNICIAN AND WHO IS TRANSPORTING
OR MOVING AN ALIEN IN THIS STATE PURSUANT
33
TO TITLE 36, CHAPTER
21.1.
34
D. A PERSON WHO VIOLATES
THIS SECTION IS GUILTY OF A CLASS 1
35
MISDEMEANOR AND IS
SUBJECT TO A FINE OF AT LEAST ONE THOUSAND DOLLARS, EXCEPT
36
THAT A VIOLATION OF THIS
SECTION THAT INVOLVES TEN OR MORE ILLEGAL ALIENS IS
37
A CLASS 6 FELONY AND THE
PERSON IS SUBJECT TO A FINE OF AT LEAST ONE THOUSAND
38
DOLLARS FOR EACH ALIEN
WHO IS INVOLVED.
39
Sec. 6. Section 13-3883,
Arizona Revised Statutes, is amended to read:
40
13-3883. Arrest by
officer without warrant
41
A. A peace officer may,
without a warrant, MAY arrest a person if he
42
THE OFFICER has probable
cause to believe:
43
1. A felony has been
committed and probable cause to believe the
44
person to be arrested has committed the felony.
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2. A misdemeanor has been
committed in his THE OFFICER'S presence and
2
probable cause to believe
the person to be arrested has committed the
3
offense.
4
3. The person to be
arrested has been involved in a traffic accident
5
and violated any criminal
section of title 28, and that such violation
6
occurred prior to or
immediately following such traffic accident.
7
4. A misdemeanor or a
petty offense has been committed and probable
8
cause to believe the
person to be arrested has committed the offense. A
9
person arrested under
this paragraph is eligible for release under section
10
13-3903.
11
5. THE PERSON TO BE
ARRESTED HAS COMMITTED ANY PUBLIC OFFENSE THAT
12
MAKES THE PERSON REMOVABLE
FROM THE UNITED STATES.
13
B. A peace officer may
stop and detain a person as is reasonably
14
necessary to investigate
an actual or suspected violation of any traffic law
15
committed in the
officer's presence and may serve a copy of the traffic
16
complaint for any
alleged civil or criminal traffic violation. A peace
17
officer who serves a
copy of the traffic complaint shall do so within a
18
reasonable time of the
alleged criminal or civil traffic violation.
19
Sec. 7. Section 23-212,
Arizona Revised Statutes, is amended to read:
20
23-212. Knowingly
employing unauthorized aliens; prohibition;
21
false and frivolous
complaints; violation;
22
classification; license
suspension and revocation;
23
affirmative defense
24
A. An employer shall not
knowingly employ an unauthorized alien. If,
25
in the case when an
employer uses a contract, subcontract or other
26
independent contractor
agreement to obtain the labor of an alien in this
27
state, the employer
knowingly contracts with an unauthorized alien or with a
28
person who employs or
contracts with an unauthorized alien to perform the
29
labor, the employer
violates this subsection.
30
B. The attorney general
shall prescribe a complaint form for a person
31
to allege a violation of
subsection A of this section. The complainant shall
32
not be required to list
the complainant's social security number on the
33
complaint form or to
have the complaint form notarized. On receipt of a
34
complaint on a
prescribed complaint form that an employer allegedly knowingly
35
employs an unauthorized
alien, the attorney general or county attorney shall
36
investigate whether the
employer has violated subsection A of this section.
37
If a complaint is
received but is not submitted on a prescribed complaint
38
form, the attorney
general or county attorney may investigate whether the
39
employer has violated
subsection A of this section. This subsection shall
40
not be construed to
prohibit the filing of anonymous complaints that are not
41
submitted on a prescribed
complaint form. The attorney general or county
42
attorney shall not
investigate complaints that are based solely on race,
43
color or national
origin. A complaint that is submitted to a county attorney
44
shall be submitted to
the county attorney in the county in which the alleged
45
unauthorized alien is or was employed by the employer. The
county sheriff
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any other local law
enforcement agency may assist in investigating a
2
complaint. When
investigating a complaint, the attorney general or county
3
attorney shall verify the
work authorization of the alleged unauthorized
4
alien with the federal
government pursuant to 8 United States Code section
5
1373(c). A state, county
or local official shall not attempt to
6
independently make a
final determination on whether an alien is authorized to
7
work in the United
States. An alien's immigration status or work
8
authorization status
shall be verified with the federal government pursuant
9
to 8 United States Code
section 1373(c). A person who knowingly files a
10
false and frivolous
complaint under this subsection is guilty of a class 3
11
misdemeanor.
12
C. If, after an
investigation, the attorney general or county attorney
13
determines that the
complaint is not false and frivolous:
14
1. The attorney general
or county attorney shall notify the United
15
States immigration and
customs enforcement of the unauthorized alien.
16
2. The attorney general
or county attorney shall notify the local law
17
enforcement agency of
the unauthorized alien.
18
3. The attorney general
shall notify the appropriate county attorney
19
to bring an action
pursuant to subsection D of this section if the complaint
20
was originally filed
with the attorney general.
21
D. An action for a
violation of subsection A of this section shall be
22
brought against the
employer by the county attorney in the county where the
23
unauthorized alien
employee is or was employed by the employer. The county
24
attorney shall not bring
an action against any employer for any violation of
25
subsection A of this
section that occurs before January 1, 2008. A second
26
violation of this
section shall be based only on an unauthorized alien who is
27
or was employed by the
employer after an action has been brought for a
28
violation of subsection
A of this section or section 23-212.01, subsection A.
29
E. For any action in
superior court under this section, the court
30
shall expedite the
action, including assigning the hearing at the earliest
31
practicable date.
32
F. On a finding of a
violation of subsection A of this section:
33
1. For a first
violation, as described in paragraph 3 of this
34
subsection, the court:
35
(a) Shall order the
employer to terminate the employment of all
36
unauthorized aliens.
37
(b) Shall order the
employer to be subject to a three year
38
probationary period for
the business location where the unauthorized alien
39
performed work. During
the probationary period the employer shall file
40
quarterly reports in the
form provided in section 23-722.01 with the county
41
attorney of each new
employee who is hired by the employer at the business
42
location where the
unauthorized alien performed work.
43
(c) Shall order the
employer to file a signed sworn affidavit with the
44
county attorney within
three business days after the order is issued. The
45
affidavit shall state that the employer has terminated the
employment of all
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unauthorized aliens in
this state and that the employer will not
2
intentionally or
knowingly employ an unauthorized alien in this state. The
3
court shall order the
appropriate agencies to suspend all licenses subject to
4
this subdivision that are
held by the employer if the employer fails to file
5
a signed sworn affidavit
with the county attorney within three business days
6
after the order is
issued. All licenses that are suspended under this
7
subdivision shall remain
suspended until the employer files a signed sworn
8
affidavit with the county
attorney. Notwithstanding any other law, on filing
9
of the affidavit the
suspended licenses shall be reinstated immediately by
10
the appropriate
agencies. For the purposes of this subdivision, the licenses
11
that are subject to
suspension under this subdivision are all licenses that
12
are held by the employer
specific to the business location where the
13
unauthorized alien
performed work. If the employer does not hold a license
14
specific to the business
location where the unauthorized alien performed
15
work, but a license is
necessary to operate the employer's business in
16
general, the licenses
that are subject to suspension under this subdivision
17
are all licenses that
are held by the employer at the employer's primary
18
place of business. On
receipt of the court's order and notwithstanding any
19
other law, the
appropriate agencies shall suspend the licenses according to
20
the court's order. The
court shall send a copy of the court's order to the
21
attorney general and the
attorney general shall maintain the copy pursuant to
22
subsection G of this
section.
23
(d) May order the
appropriate agencies to suspend all licenses
24
described in subdivision
(c) of this paragraph that are held by the employer
25
for not to exceed ten
business days. The court shall base its decision to
26
suspend under this
subdivision on any evidence or information submitted to it
27
during the action for a
violation of this subsection and shall consider the
28
following factors, if
relevant:
29
(i) The number of
unauthorized aliens employed by the employer.
30
(ii) Any prior
misconduct by the employer.
31
(iii) The degree of harm
resulting from the violation.
32
(iv) Whether the
employer made good faith efforts to comply with any
33
applicable requirements.
34
(v) The duration of the
violation.
35
(vi) The role of the
directors, officers or principals of the employer
36
in the violation.
37
(vii) Any other factors
the court deems appropriate.
38
2. For a second
violation, as described in paragraph 3 of this
39
subsection, the court
shall order the appropriate agencies to permanently
40
revoke all licenses that
are held by the employer specific to the business
41
location where the
unauthorized alien performed work. If the employer does
42
not hold a license
specific to the business location where the unauthorized
43
alien performed work,
but a license is necessary to operate the employer's
44
business in general, the
court shall order the appropriate agencies to
45
permanently revoke all licenses that are held by the employer
at the
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1
employer's primary place
of business. On receipt of the order and
2
notwithstanding any other
law, the appropriate agencies shall immediately
3
revoke the licenses.
4
3. The violation shall be
considered:
5
(a) A first violation by
an employer at a business location if the
6
violation did not occur
during a probationary period ordered by the court
7
under this subsection or
section 23-212.01, subsection F for that employer's
8
business location.
9
(b) A second violation by
an employer at a business location if the
10
violation occurred
during a probationary period ordered by the court under
11
this subsection or
section 23-212.01, subsection F for that employer's
12
business location.
13
G. The attorney general
shall maintain copies of court orders that are
14
received pursuant to
subsection F of this section and shall maintain a
15
database of the
employers and business locations that have a first violation
16
of subsection A of this
section and make the court orders available on the
17
attorney general's
website.
18
H. On determining
whether an employee is an unauthorized alien, the
19
court shall consider
only the federal government's determination pursuant to
20
8 United States Code
section 1373(c). The federal government's determination
21
creates a rebuttable
presumption of the employee's lawful status. The court
22
may take judicial notice
of the federal government's determination and may
23
request the federal government
to provide automated or testimonial
24
verification pursuant to
8 United States Code section 1373(c).
25
I. For the purposes of
this section, proof of verifying the employment
26
authorization of an
employee through the e-verify program creates a
27
rebuttable presumption
that an employer did not knowingly employ an
28
unauthorized alien.
29
J. For the purposes of
this section, an employer that establishes that
30
it has complied in good
faith with the requirements of 8 United States Code
31
section 1324a(b)
establishes an affirmative defense that the employer did not
32
knowingly employ an
unauthorized alien. An employer is considered to have
33
complied with the
requirements of 8 United States Code section 1324a(b),
34
notwithstanding an isolated,
sporadic or accidental technical or procedural
35
failure to meet the
requirements, if there is a good faith attempt to comply
36
with the requirements.
37
K. IT IS AN AFFIRMATIVE
DEFENSE TO A VIOLATION OF SUBSECTION A OF THIS
38
SECTION THAT THE
EMPLOYER WAS ENTRAPPED. TO CLAIM ENTRAPMENT, THE EMPLOYER
39
MUST ADMIT BY THE
EMPLOYER'S TESTIMONY OR OTHER EVIDENCE THE SUBSTANTIAL
40
ELEMENTS OF THE
VIOLATION. AN EMPLOYER WHO ASSERTS AN ENTRAPMENT DEFENSE HAS
41
THE BURDEN OF PROVING
THE FOLLOWING BY A PREPONDERANCE OF THE EVIDENCE:
42
1. THE IDEA OF
COMMITTING THE VIOLATION STARTED WITH LAW ENFORCEMENT
43
OFFICERS OR THEIR AGENTS
RATHER THAN WITH THE EMPLOYER.
44
2. THE LAW ENFORCEMENT
OFFICERS OR THEIR AGENTS URGED AND INDUCED THE
45
EMPLOYER TO COMMIT THE VIOLATION.
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3. THE EMPLOYER WAS NOT
PREDISPOSED TO COMMIT THE VIOLATION BEFORE THE
2
LAW ENFORCEMENT OFFICERS
OR THEIR AGENTS URGED AND INDUCED THE EMPLOYER TO
3
COMMIT THE VIOLATION.
4
L. AN EMPLOYER DOES NOT
ESTABLISH ENTRAPMENT IF THE EMPLOYER WAS
5
PREDISPOSED TO VIOLATE
SUBSECTION A OF THIS SECTION AND THE LAW ENFORCEMENT
6
OFFICERS OR THEIR AGENTS
MERELY PROVIDED THE EMPLOYER WITH AN OPPORTUNITY TO
7
COMMIT THE VIOLATION. IT
IS NOT ENTRAPMENT FOR LAW ENFORCEMENT OFFICERS OR
8
THEIR AGENTS MERELY TO
USE A RUSE OR TO CONCEAL THEIR IDENTITY. THE CONDUCT
9
OF LAW ENFORCEMENT
OFFICERS AND THEIR AGENTS MAY BE CONSIDERED IN DETERMINING
10
IF AN EMPLOYER HAS
PROVEN ENTRAPMENT.
11
Sec. 8. Section
23-212.01, Arizona Revised Statutes, is amended to
12
read:
13
23-212.01. Intentionally
employing unauthorized aliens;
14
prohibition; false and
frivolous complaints;
15
violation;
classification; license suspension and
16
revocation; affirmative
defense
17
A. An employer shall not
intentionally employ an unauthorized alien.
18
If, in the case when an
employer uses a contract, subcontract or other
19
independent contractor
agreement to obtain the labor of an alien in this
20
state, the employer
intentionally contracts with an unauthorized alien or
21
with a person who
employs or contracts with an unauthorized alien to perform
22
the labor, the employer
violates this subsection.
23
B. The attorney general
shall prescribe a complaint form for a person
24
to allege a violation of
subsection A of this section. The complainant shall
25
not be required to list
the complainant's social security number on the
26
complaint form or to
have the complaint form notarized. On receipt of a
27
complaint on a
prescribed complaint form that an employer allegedly
28
intentionally employs an
unauthorized alien, the attorney general or county
29
attorney shall
investigate whether the employer has violated subsection A of
30
this section. If a
complaint is received but is not submitted on a
31
prescribed complaint
form, the attorney general or county attorney may
32
investigate whether the
employer has violated subsection A of this section.
33
This subsection shall
not be construed to prohibit the filing of anonymous
34
complaints that are not
submitted on a prescribed complaint form. The
35
attorney general or
county attorney shall not investigate complaints that are
36
based solely on race,
color or national origin. A complaint that is
37
submitted to a county
attorney shall be submitted to the county attorney in
38
the county in which the
alleged unauthorized alien is or was employed by the
39
employer. The county
sheriff or any other local law enforcement agency may
40
assist in investigating
a complaint. When investigating a complaint, the
41
attorney general or
county attorney shall verify the work authorization of
42
the alleged unauthorized
alien with the federal government pursuant to
43
8 United States Code
section 1373(c). A state, county or local official
44
shall not attempt to
independently make a final determination on whether an
45
alien is authorized to work in the United States. An alien's
immigration
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1
status or work
authorization status shall be verified with the federal
2
government pursuant to 8
United States Code section 1373(c). A person who
3
knowingly files a false
and frivolous complaint under this subsection is
4
guilty of a class 3
misdemeanor.
5
C. If, after an
investigation, the attorney general or county attorney
6
determines that the
complaint is not false and frivolous:
7
1. The attorney general
or county attorney shall notify the United
8
States immigration and
customs enforcement of the unauthorized alien.
9
2. The attorney general
or county attorney shall notify the local law
10
enforcement agency of
the unauthorized alien.
11
3. The attorney general
shall notify the appropriate county attorney
12
to bring an action
pursuant to subsection D of this section if the complaint
13
was originally filed
with the attorney general.
14
D. An action for a
violation of subsection A of this section shall be
15
brought against the
employer by the county attorney in the county where the
16
unauthorized alien
employee is or was employed by the employer. The county
17
attorney shall not bring
an action against any employer for any violation of
18
subsection A of this
section that occurs before January 1, 2008. A second
19
violation of this
section shall be based only on an unauthorized alien who is
20
or was employed by the
employer after an action has been brought for a
21
violation of subsection
A of this section or section 23-212, subsection A.
22
E. For any action in
superior court under this section, the court
23
shall expedite the
action, including assigning the hearing at the earliest
24
practicable date.
25
F. On a finding of a
violation of subsection A of this section:
26
1. For a first
violation, as described in paragraph 3 of this
27
subsection, the court
shall:
28
(a) Order the employer
to terminate the employment of all unauthorized
29
aliens.
30
(b) Order the employer
to be subject to a five year probationary
31
period for the business
location where the unauthorized alien performed work.
32
During the probationary
period the employer shall file quarterly reports in
33
the form provided in
section 23-722.01 with the county attorney of each new
34
employee who is hired by
the employer at the business location where the
35
unauthorized alien
performed work.
36
(c) Order the
appropriate agencies to suspend all licenses described
37
in subdivision (d) of
this paragraph that are held by the employer for a
38
minimum of ten days. The
court shall base its decision on the length of the
39
suspension under this
subdivision on any evidence or information submitted to
40
it during the action for
a violation of this subsection and shall consider
41
the following factors,
if relevant:
42
(i) The number of
unauthorized aliens employed by the employer.
43
(ii) Any prior
misconduct by the employer.
44
(iii) The degree of harm resulting from the violation.
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(iv) Whether the employer
made good faith efforts to comply with any
2
applicable requirements.
3
(v) The duration of the
violation.
4
(vi) The role of the
directors, officers or principals of the employer
5
in the violation.
6
(vii) Any other factors
the court deems appropriate.
7
(d) Order the employer to
file a signed sworn affidavit with the
8
county attorney. The
affidavit shall state that the employer has terminated
9
the employment of all
unauthorized aliens in this state and that the employer
10
will not intentionally
or knowingly employ an unauthorized alien in this
11
state. The court shall
order the appropriate agencies to suspend all
12
licenses subject to this
subdivision that are held by the employer if the
13
employer fails to file a
signed sworn affidavit with the county attorney
14
within three business
days after the order is issued. All licenses that are
15
suspended under this
subdivision for failing to file a signed sworn affidavit
16
shall remain suspended
until the employer files a signed sworn affidavit with
17
the county attorney. For
the purposes of this subdivision, the licenses that
18
are subject to
suspension under this subdivision are all licenses that are
19
held by the employer
specific to the business location where the unauthorized
20
alien performed work. If
the employer does not hold a license specific to
21
the business location
where the unauthorized alien performed work, but a
22
license is necessary to
operate the employer's business in general, the
23
licenses that are
subject to suspension under this subdivision are all
24
licenses that are held
by the employer at the employer's primary place of
25
business. On receipt of
the court's order and notwithstanding any other law,
26
the appropriate agencies
shall suspend the licenses according to the court's
27
order. The court shall
send a copy of the court's order to the attorney
28
general and the attorney
general shall maintain the copy pursuant to
29
subsection G of this
section.
30
2. For a second
violation, as described in paragraph 3 of this
31
subsection, the court
shall order the appropriate agencies to permanently
32
revoke all licenses that
are held by the employer specific to the business
33
location where the
unauthorized alien performed work. If the employer does
34
not hold a license
specific to the business location where the unauthorized
35
alien performed work,
but a license is necessary to operate the employer's
36
business in general, the
court shall order the appropriate agencies to
37
permanently revoke all
licenses that are held by the employer at the
38
employer's primary place
of business. On receipt of the order and
39
notwithstanding any
other law, the appropriate agencies shall immediately
40
revoke the licenses.
41
3. The violation shall
be considered:
42
(a) A first violation by
an employer at a business location if the
43
violation did not occur
during a probationary period ordered by the court
44
under this subsection or
section 23-212, subsection F for that employer's
45
business location.
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(b) A second violation by
an employer at a business location if the
2
violation occurred during
a probationary period ordered by the court under
3
this subsection or
section 23-212, subsection F for that employer's business
4
location.
5
G. The attorney general
shall maintain copies of court orders that are
6
received pursuant to
subsection F of this section and shall maintain a
7
database of the employers
and business locations that have a first violation
8
of subsection A of this
section and make the court orders available on the
9
attorney general's
website.
10
H. On determining
whether an employee is an unauthorized alien, the
11
court shall consider
only the federal government's determination pursuant to
12
8 United States Code
section 1373(c). The federal government's determination
13
creates a rebuttable
presumption of the employee's lawful status. The court
14
may take judicial notice
of the federal government's determination and may
15
request the federal
government to provide automated or testimonial
16
verification pursuant to
8 United States Code section 1373(c).
17
I. For the purposes of
this section, proof of verifying the employment
18
authorization of an
employee through the e-verify program creates a
19
rebuttable presumption
that an employer did not intentionally employ an
20
unauthorized alien.
21
J. For the purposes of
this section, an employer that establishes that
22
it has complied in good
faith with the requirements of 8 United States Code
23
section 1324a(b)
establishes an affirmative defense that the employer did not
24
intentionally employ an
unauthorized alien. An employer is considered to
25
have complied with the
requirements of 8 United States Code section 1324a(b),
26
notwithstanding an
isolated, sporadic or accidental technical or procedural
27
failure to meet the
requirements, if there is a good faith attempt to comply
28
with the requirements.
29
K. IT IS AN AFFIRMATIVE
DEFENSE TO A VIOLATION OF SUBSECTION A OF THIS
30
SECTION THAT THE
EMPLOYER WAS ENTRAPPED. TO CLAIM ENTRAPMENT, THE EMPLOYER
31
MUST ADMIT BY THE
EMPLOYER'S TESTIMONY OR OTHER EVIDENCE THE SUBSTANTIAL
32
ELEMENTS OF THE
VIOLATION. AN EMPLOYER WHO ASSERTS AN ENTRAPMENT DEFENSE HAS
33
THE BURDEN OF PROVING
THE FOLLOWING BY A PREPONDERANCE OF THE EVIDENCE:
34
1. THE IDEA OF COMMITTING
THE VIOLATION STARTED WITH LAW ENFORCEMENT
35
OFFICERS OR THEIR AGENTS
RATHER THAN WITH THE EMPLOYER.
36
2. THE LAW ENFORCEMENT
OFFICERS OR THEIR AGENTS URGED AND INDUCED THE
37
EMPLOYER TO COMMIT THE
VIOLATION.
38
3. THE EMPLOYER WAS NOT
PREDISPOSED TO COMMIT THE VIOLATION BEFORE THE
39
LAW ENFORCEMENT OFFICERS
OR THEIR AGENTS URGED AND INDUCED THE EMPLOYER TO
40
COMMIT THE VIOLATION.
41
L. AN EMPLOYER DOES NOT
ESTABLISH ENTRAPMENT IF THE EMPLOYER WAS
42
PREDISPOSED TO VIOLATE
SUBSECTION A OF THIS SECTION AND THE LAW ENFORCEMENT
43
OFFICERS OR THEIR AGENTS
MERELY PROVIDED THE EMPLOYER WITH AN OPPORTUNITY TO
44
COMMIT THE VIOLATION. IT
IS NOT ENTRAPMENT FOR LAW ENFORCEMENT OFFICERS OR
45
THEIR AGENTS MERELY TO USE A RUSE OR TO CONCEAL THEIR IDENTITY.
THE CONDUCT
S.B.
1070
-
15 -
1
OF LAW ENFORCEMENT
OFFICERS AND THEIR AGENTS MAY BE CONSIDERED IN DETERMINING
2
IF AN EMPLOYER HAS PROVEN
ENTRAPMENT.
3
Sec. 9. Section 23-214,
Arizona Revised Statutes, is amended to read:
4
23-214. Verification of
employment eligibility; e-verify
5
program; economic
development incentives; list of
6
registered employers
7
A. After December 31,
2007, every employer, after hiring an employee,
8
shall verify the
employment eligibility of the employee through the e-verify
9
program AND SHALL KEEP A
RECORD OF THE VERIFICATION FOR THE DURATION OF THE
10
EMPLOYEE'S EMPLOYMENT OR
AT LEAST THREE YEARS, WHICHEVER IS LONGER.
11
B. In addition to any
other requirement for an employer to receive an
12
economic development
incentive from a government entity, the employer shall
13
register with and
participate in the e-verify program. Before receiving the
14
economic development
incentive, the employer shall provide proof to the
15
government entity that
the employer is registered with and is participating
16
in the e-verify program.
If the government entity determines that the
17
employer is not
complying with this subsection, the government entity shall
18
notify the employer by
certified mail of the government entity's
19
determination of
noncompliance and the employer's right to appeal the
20
determination. On a
final determination of noncompliance, the employer shall
21
repay all monies
received as an economic development incentive to the
22
government entity within
thirty days of the final determination. For the
23
purposes of this
subsection:
24
1. "Economic
development incentive" means any grant, loan or
25
performance-based
incentive from any government entity that is awarded after
26
September 30, 2008.
Economic development incentive does not include any tax
27
provision under title 42
or 43.
28
2. "Government
entity" means this state and any political subdivision
29
of this state that
receives and uses tax revenues.
30
C. Every three months
the attorney general shall request from the
31
United States department
of homeland security a list of employers from this
32
state that are
registered with the e-verify program. On receipt of the list
33
of employers, the
attorney general shall make the list available on the
34
attorney general's
website.
35
Sec. 10. Section
28-3511, Arizona Revised Statutes, is amended to
36
read:
37
28-3511. Removal and
immobilization or impoundment of vehicle
38
A. A peace officer shall
cause the removal and either immobilization
39
or impoundment of a
vehicle if the peace officer determines that a person is
40
driving the vehicle
while any of the following applies:
41
1. The person's driving
privilege is suspended or revoked for any
42
reason.
S.B.
1070
-
16 -
1
2. The person has not
ever been issued a valid driver license or
2
permit by this state and
the person does not produce evidence of ever having
3
a valid driver license or
permit issued by another jurisdiction. This
4
paragraph does not apply
to the operation of an implement of husbandry.
5
3. The person is subject
to an ignition interlock device requirement
6
pursuant to chapter 4 of
this title and the person is operating a vehicle
7
without a functioning
certified ignition interlock device. This paragraph
8
does not apply to a
person operating an employer's vehicle or the operation
9
of a vehicle due to a
substantial emergency as defined in section 28-1464.
10
4. IN FURTHERANCE OF THE
ILLEGAL PRESENCE OF AN ALIEN IN THE UNITED
11
STATES AND IN VIOLATION
OF A CRIMINAL OFFENSE, THE PERSON IS TRANSPORTING OR
12
MOVING OR ATTEMPTING TO
TRANSPORT OR MOVE AN ALIEN IN THIS STATE IN A VEHICLE
13
IF THE PERSON KNOWS OR
RECKLESSLY DISREGARDS THE FACT THAT THE ALIEN HAS COME
14
TO, HAS ENTERED OR
REMAINS IN THE UNITED STATES IN VIOLATION OF LAW.
15
5. THE PERSON IS
CONCEALING, HARBORING OR SHIELDING OR ATTEMPTING TO
16
CONCEAL, HARBOR OR
SHIELD FROM DETECTION AN ALIEN IN THIS STATE IN A VEHICLE
17
IF THE PERSON KNOWS OR
RECKLESSLY DISREGARDS THE FACT THAT THE ALIEN HAS COME
18
TO, ENTERED OR REMAINS
IN THE UNITED STATES IN VIOLATION OF LAW.
19
B. A peace officer shall
cause the removal and impoundment of a
20
vehicle if the peace
officer determines that a person is driving the vehicle
21
and if all of the
following apply:
22
1. The person's driving
privilege is canceled, suspended or revoked
23
for any reason or the
person has not ever been issued a driver license or
24
permit by this state and
the person does not produce evidence of ever having
25
a driver license or
permit issued by another jurisdiction.
26
2. The person is not in
compliance with the financial responsibility
27
requirements of chapter
9, article 4 of this title.
28
3. The person is driving
a vehicle that is involved in an accident
29
that results in either
property damage or injury to or death of another
30
person.
31
C. Except as provided in
subsection D of this section, while a peace
32
officer has control of
the vehicle the peace officer shall cause the removal
33
and either
immobilization or impoundment of the vehicle if the peace officer
34
has probable cause to
arrest the driver of the vehicle for a violation of
35
section 4-244, paragraph
34 or section 28-1382 or 28-1383.
36
D. A peace officer shall
not cause the removal and either the
37
immobilization or
impoundment of a vehicle pursuant to subsection C of this
38
section if all of the
following apply:
39
1. The peace officer
determines that the vehicle is currently
40
registered and that the
driver or the vehicle is in compliance with the
41
financial responsibility
requirements of chapter 9, article 4 of this title.
42
2. The spouse of the
driver is with the driver at the time of the
43
arrest.
S.B.
1070
-
17 -
1
3. The peace officer has
reasonable grounds to believe that the spouse
2
of the driver:
3
(a) Has a valid driver
license.
4
(b) Is not impaired by
intoxicating liquor, any drug, a vapor
5
releasing substance
containing a toxic substance or any combination of
6
liquor, drugs or vapor
releasing substances.
7
(c) Does not have any
spirituous liquor in the spouse's body if the
8
spouse is under
twenty-one years of age.
9
4. The spouse notifies
the peace officer that the spouse will drive
10
the vehicle from the
place of arrest to the driver's home or other place of
11
safety.
12
5. The spouse drives the
vehicle as prescribed by paragraph 4 of this
13
subsection.
14
E. Except as otherwise
provided in this article, a vehicle that is
15
removed and either
immobilized or impounded pursuant to subsection A, B or C
16
of this section shall be
immobilized or impounded for thirty days. An
17
insurance company does
not have a duty to pay any benefits for charges or
18
fees for immobilization
or impoundment.
19
F. The owner of a
vehicle that is removed and either immobilized or
20
impounded pursuant to
subsection A, B or C of this section, the spouse of the
21
owner and each person
identified on the department's record with an interest
22
in the vehicle shall be
provided with an opportunity for an immobilization or
23
poststorage hearing
pursuant to section 28-3514.
24
Sec. 11. Title 41,
chapter 12, article 2, Arizona Revised Statutes, is
25
amended by adding
section 41-1724, to read:
26
41-1724. Gang and
immigration intelligence team enforcement
27
mission fund
28
THE GANG AND IMMIGRATION
INTELLIGENCE TEAM ENFORCEMENT MISSION FUND IS
29
ESTABLISHED CONSISTING
OF MONIES DEPOSITED PURSUANT TO SECTION 11-1051 AND
30
MONIES APPROPRIATED BY
THE LEGISLATURE. THE DEPARTMENT SHALL ADMINISTER THE
31
FUND. MONIES IN THE FUND
ARE SUBJECT TO LEGISLATIVE APPROPRIATION AND SHALL
32
BE USED FOR GANG AND
IMMIGRATION ENFORCEMENT AND FOR COUNTY JAIL
33
REIMBURSEMENT COSTS
RELATING TO ILLEGAL IMMIGRATION.
34
Sec. 12. Severability,
implementation and construction
35
A. If a provision of
this act or its application to any person or
36
circumstance is held
invalid, the invalidity does not affect other provisions
37
or applications of the
act that can be given effect without the invalid
38
provision or
application, and to this end the provisions of this act are
39
severable.
40
B. The terms of this act
regarding immigration shall be construed to
41
have the meanings given
to them under federal immigration law.
42
C. This act shall be
implemented in a manner consistent with federal
43
laws regulating
immigration, protecting the civil rights of all persons and
44
respecting the privileges and immunities of United States
citizens.
S.B.
1070
-
18 -
1
D. Nothing in this act
shall implement or shall be construed or
2
interpreted to implement
or establish the REAL ID act of 2005 (P.L. 109-13,
3
division B; 119 Stat.
302) including the use of a radio frequency
4
identification chip.
5
Sec. 13. Short title
6
This act may be cited as
the "Support Our Law Enforcement and Safe
7
Neighborhoods Act".
Romans
Chapter 12
1I
beseech you therefore, brethren, by the mercies of God, that ye present
your
bodies a living sacrifice, holy, acceptable unto God, which is your
reasonable
service.
2And
be
not conformed to this world: but be ye transformed by the renewing of
your
mind, that ye may prove what is that good, and acceptable, and perfect,
will of
God.
3For
I
say, through the grace given unto me, to every man that is among you,
not to
think of himself more highly than he ought to think; but to think
soberly,
according as God hath dealt to every man the measure of faith.
4For
as
we have many members in one body, and all members have not the same
office:
5So
we,
being many, are one body in Christ, and every one members one of
another.
6Having
then gifts differing according to the grace that is given to us,
whether
prophecy, let us prophesy according to the proportion of faith;
7Or
ministry, let us wait on our ministering: or he that teacheth, on
teaching;
8Or
he
that exhorteth, on exhortation: he that giveth, let him do it with
simplicity;
he that ruleth, with diligence; he that sheweth mercy, with
cheerfulness.
9Let
love
be without dissimulation. Abhor that which is evil; cleave to that
which is
good.
10Be
kindly affectioned one to another with brotherly love; in honour
preferring one
another;
11Not
slothful in business; fervent in spirit; serving the Lord;
12Rejoicing
in hope; patient in tribulation; continuing instant in prayer;
13Distributing
to the necessity of saints; given to hospitality.
14Bless
them which persecute you: bless, and curse not.
15Rejoice
with them that do rejoice, and weep with them that weep.
16Be
of
the same mind one toward another. Mind not high things, but condescend
to men
of low estate. Be not wise in your own conceits.
17Recompense
to no man evil for evil. Provide things honest in the sight of all men.
18If
it
be possible, as much as lieth in you, live peaceably with all men.
19Dearly
beloved, avenge not yourselves, but rather give place unto wrath: for
it is
written, Vengeance is mine; I will repay, saith the Lord.
20Therefore
if thine enemy hunger, feed him; if he thirst, give him drink: for in
so doing
thou shalt heap coals of fire on his head.
21Be
not
overcome of evil, but overcome evil with good.
The
Right To Distribute Our Literature
Guaranteed by the U.S. Constitution
The U.S. Constitution
is by definition the basic law of the land: no federal, state, county,
city or community law
can contradict any of the basic principles of the Constitution. In
fact, all
policemen and judges
are supposed to abide by the Constitution.
“Congress shall
make no law respecting an establishment of religion, or prohibiting
the free exercise
thereof; or abridging the freedom of speech, or of the press; or the
right of
the people
peaceably to assemble, and to petition the government for a redress of
grievances.”
As you can see from
the above quotation, the First Amendment of the U.S. Constitution
guarantees every
citizen, among other things, freedom of speech. In regard to
leafleting, the
Supreme Court has
interpreted this to mean that a state or municipality may not ban the
distribution of
leaflets on streets, sidewalks or public places. Jamison v.
Texas 318 US 413
(1943) and Marsh
v. Alabama 326 US 501 (1946). The
Supreme Court applied this rule to
universities both
state and private, in Papish v. University of Missouri 410 US
667 (1973).
Furthermore,
leafleting cannot be prohibited on a military base in areas of public
access, Flower
v. U.S. 407 US 197
(1972).
The Supreme Court has
also found that door to door solicitations for the purpose
distributing
information may not be banned regardless of the wishes of the
householder to
receive
such information in
this manner, Martin v. Struthers 319 US 141 (1943).
Furthermore, a state
or municipality may
not tax or license the distribution or sale of political or religious
material
door
to door, Opelika
v. Jones 319 US 105 (1943).
In shopping center
cases the Supreme Court has said that privately owned property may
be treated as if it
is publicly held where it is held open to the public, Amalgamated
Food
Employees Union v.
Logan Valley Plaza 391 US 308 (1968).
In Amalgamated the union was
allowed to picket a
business inside the shopping mall. However, a shopping center may ban
leafleting in the
shopping mall walkways as this interferes with the business of the
center, Lloyd
Corp. V. Tanner
407 US 551 (1972). As yet there has
been no case decided on the question of
leafleting in the
parking lot of a shopping center, but a leading treatise of the First
Amendment
says this on the
subject: “The First Amendment interest should not
be defeated because the
property owner
wither disapproves of the message conveyed or simply wants to censor
all speech
activities.
Whether outside of a freestanding store or in the common areas of a
shopping
center,
a bare property
interest does not justify the subordination of First Amendment speech
rights.”
Nimmer on Freedom
of Speech, Section 4.09, Page 4-121.
In light of the
above, we recommend that in the event of arrest while leafleting in one
of
the above areas, the
individual arrested should file a civil suit for false imprisonment,
malprosecution and
the intentional deprivation of constitutional rights and that the
parties sued
should include the
municipality, the police department, the arresting officer and the
private
property owner (in a
shopping center case). In such a case, punitive as well as compensatory
damages should be
sought.
CONGRESS
DECLARES THE BIBLE
“THE WORD OF GOD”
97th
Congress Joint Resolution
[S.J.Res. 165] 96 Stat. 1211
Public Law 97-280 - October 4, 1982
Joint Resolution authorizing and
requesting the
President to proclaim 1983 as the “Year of the
Bible.”
Whereas the Bible, the Word of God, has made a
unique contribution in
shaping the United States as a distinctive and blessed nation and
people;
Whereas deeply held religious convictions springing
from the Holy
Scriptures led to the early settlement of our Nation;
Whereas Biblical teachings inspired concepts of
civil government that
are contained in our Declaration of Independence and the constitution
of the
United States;
Whereas many of our great national
leaders—among them Presidents Washington,
Jackson, Lincoln, and Wilson—paid tribute to the surpassing
influence of the
Bible in our country's development, as the words of President Jackson
that the
Bible is “the rock on which our Republic rests”;
Whereas the history of our Nation clearly
illustrates the value of
voluntarily applying the teachings of the Scriptures in the lives of
individuals, families, and societies;
Whereas this Nation now faces great challenges that
will test this
Nation as it has never been tested before; and
Whereas that renewing our knowledge of and faith in
God through Holy
Scripture can strengthen us as a nation and a people: Now, therefore,
be it
Resolved by the Senate and House of Representatives of the
United States of
America in Congress assembled, That the President is
authorized and
requested to designate 1983 as a national “Year of the
Bible” in recognition of
both the formative influence the Bible has been for our Nation, and our
national need to study and apply the teachings of the Holy Scriptures.
Approved October 4, 1982.
1 U.S. Cong. & Adm. News '82-29 96 Stat. 1211
Legislative
History - S.J. Res. 165:
Congressional Record. Vol 128 (1982)
Mar. 31 considered and passed Senate.
Sept. 21 Considered and passed House.