http://www.nctimes.com/articles/2007/06 ... 6_7_07.txt

PHOENIX -- Saying a voter-approved mandate has been ignored in some cases, legislators moved Thursday to prod state courts to deny bail for illegal immigrants accused of serious crimes.

The House gave preliminary approval to a Republican bill (SB1265) requiring courts to consider defendants' admissions, immigration holds, indications from law enforcement agencies and any other evidence or "relevant information" that show a defendant is in the United States illegally.

The bill also would specify a standard of evidence for courts to use and require that the no-bail determination be made during a person's initial appearance. In addition, a defendant would have to be asked about his or her citizenship within 24 hours of being taken into custody and the information provided to courts and prosecutors for bail determinations.


The Arizona Supreme Court's chief justice has ordered judges to hold evidentiary hearings for Proposition 100 bailing decisions, and some Superior Court commissioners in Maricopa County reportedly have ignored or rejected as insufficient some information about immigration status.

The issue surfaced with disclosure that an illegal immigrant was sought in a fatal stabbing that occurred following his release on bond. The man had been arrested on charges of kidnapping and assault, deported to Mexico but then reportedly returned to Arizona before the stabbing occurred in Mesa.

Also, the East Valley Tribune newspaper in Mesa reported April 1 that a Maricopa County court official had told staff to stop asking defendants for their immigration status.

"Why we have to pass laws to enforce laws is amazing to me," said Rep. Russell Pearce, a Mesa Republican who promoted Proposition 100 and who helped sponsor the new bill. "The public says no bond and that's what it ought to be."

The Arizona Constitution includes a general right of bail with certain exceptions, but Proposition 100 added an exception for illegal immigrants charged with serious felony offenses.

The bill, which was amended to replace its original contents with the bail issue, now awaits a formal House vote. Passage would send it to the Senate for consideration of the no-bail measure.

The House rejected a Democratic amendment to set a higher evidence standard for courts to use in deciding whether a defendant charged with a serious felon is in the country illegally.

Under the bill, some U.S. citizens would be victims of racial profiling and denied bail "simply because they speak Spanish or have dark hair," Rep. Pete Rios, D-Hayden.

Pearce and Republican Sen. Linda Gray, R-Glendale, said the door for legislative action was held open for lawmakers by the state's top judge when she said in an April 3 letter that lawmakers could consider setting a standard of proof and directing police to obtain and provide relevant information.

Arizona Supreme Court Chief Justice Ruth V. McGregor's letter also said the court system hadn't tried to thwart Proposition 100's intent but there was "some inconsistencies and confusion" among courts, law enforcement personnel and defense and prosecution attorneys.

Maricopa County Attorney Andrew Thomas has said some cases in which bail was allowed involved commissioners disregarding admissions by defendants and information provided by law enforcement officials.

Presiding Superior Court Barbara Mundell wrote in a newspaper commentary published Monday by The Arizona Republic that her court was obeying both Proposition 100 and an April 3 implementation order by McGregor. Accusations to the contrary are false, Mundell wrote.