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Know Your Rights

 

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

 

The Bill of Rights

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.

 

 

 

The Unanimous

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

 

For those who ask,

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

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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

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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.

S.B. 1070

- 6 -

1 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.

S.B. 1070

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1 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

S.B. 1070

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1 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

S.B. 1070

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1 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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1 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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1 (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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1 (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

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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.

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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.

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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.

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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".

The Law of the Klan

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.

 

 

 

 

 

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