Thread: trespassing; illegal / Legislature of the State of Arizona:

REFERENCE TITLE: trespassing; illegal







State of Arizona

Senate

Forty-ninth Legislature

First Regular Session

2009





SB 1159



Introduced by

Senators Pearce, Gorman; Representative Burges: Senator Harper; Representatives Kavanagh, Lesko, Montenegro, Seel






AN ACT



amending title 13, chapter 15, Arizona Revised Statutes, by adding section 13-1509; relating to trespassing.













Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 13, chapter 15, Arizona Revised Statutes, is amended by adding section 13-1509, to read:

START_STATUTE13-1509. Trespassing by illegal aliens; assessment; classification

A. In addition to any violation of federal law, it is unlawful for a person who is a citizen of any country other than the United States to enter into or be on any public or private land in this state if, at the time of the commission of the offense, the person is in violation of 8 United States Code section 1325.

B. For a first offense, the arresting authority has discretion to transfer the person to the federal agency with jurisdiction or refer the person for prosecution.

C. A violation of this section is a class 1 misdemeanor, except that a second or subsequent violation is a class 4 felony. The court shall sentence a person who is convicted of a violation of this section to imprisonment for not less than the maximum sentence authorized by law. The person is not eligible for suspension or commutation of sentence or release on any basis until the sentence imposed is served. The sentence shall run consecutively to any other sentence imposed on the person and to any undischarged term of imprisonment of the person.

D. In addition to any other penalty prescribed by law, the court shall order the person to pay jail costs and an additional assessment in the following amounts:

1. At least five hundred dollars for a first violation.

2. Twice the amount specified in paragraph 1 of this subsection if the person was previously subject to an assessment pursuant to this subsection.

E. A court shall collect the assessments prescribed in subsection D of this section and remit the assessments to the department of public safety, which shall establish a special subaccount for the monies in the account established for the gang and immigration intelligence team enforcement mission appropriation. Monies in the special subaccount are subject to legislative appropriation for distribution for gang and immigration enforcement and for county jail reimbursement costs relating to illegal immigration.

F. Notwithstanding subsection C of this section, if the person violates this section while in possession of any of the following, the violation is a class 2 felony:

1. A dangerous drug as defined in section 13-3401.

2. Precursor chemicals that are used in the manufacturing of methamphetamine in violation of section 13-3404.01.

3. A deadly weapon or a dangerous instrument, as defined in section 13-105.

4. Property that is used for the purpose of committing an act of terrorism as prescribed in section 13-2308.01

So what's up?

Illegals can now be in every state EXCEPT Janets!!!!!!

Nothing like taking care of your own Janet!

The person is not eligible for suspension or commutation of sentence or release on any basis until the sentence imposed is served.

I have a hard time believing that AZ will jail women. They usually find some excuse to just let them go after they promise they'll show up at their next court hearing. To bad they don't make them pay their hospital bills (I can't remember the last time I didn't see the BP vans outside of University Medical Center, bringing some illegal who didn't appear to be have any life threatening medical problems, usually just limping or bleeding a little) before they can be released, in addition to paying for their jailing and the $500 fine.