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SB1031 - 572R - I Ver
PREFILED��� DEC 16 2025
REFERENCE TITLE:
immigration; law enforcement; repeal
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SB 1031
Introduced by
Senator
Miranda
AN
ACT
repealing title 11, chapter 7, article 8,
Arizona Revised Statutes; amending section 12-116.04, Arizona Revised
Statutes; repealing section 13-1509, Arizona Revised Statutes; amending
section 13-2319, Arizona Revised Statutes; repealing sections 13-2928
and 13-2929, Arizona Revised Statutes; amending sections 13-3883,
23-212, 23-212.01, 23-214 and 28-3511, Arizona Revised
Statutes; repealing section 41-1724, Arizona Revised Statutes; relating
to immigration.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section
1.
Repeal
Title 11, chapter 7, article 8,
Arizona Revised Statutes, is repealed.
Sec. 2. Section 12-116.04, Arizona Revised
Statutes, is amended to read:
START_STATUTE
12-116.04.
Assessment; law enforcement officer equipment; gang and
immigration intelligence team enforcement mission
A. In addition to any other penalty assessment
provided by law, a penalty assessment shall be levied in an amount of
thirteen dollars
$13
on every fine,
penalty and forfeiture imposed and collected by the courts for criminal
offenses and any civil penalty imposed and collected for a civil traffic
violation and fine, penalty or forfeiture for a violation of the motor vehicle
statutes, for any local ordinance relating to the stopping, standing or
operation of a vehicle or for a violation of the game and fish statutes in
title 17.
B. The court shall transmit the assessments
collected pursuant to this section and a remittance report of the fines, civil
penalties and assessments collected pursuant to this section to the county
treasurer, except that municipal courts shall transmit the assessments and the
remittance report of the fines, civil penalties and assessments to the city
treasurer.
C. The city or county treasurer shall transmit
eight dollars
$8
of the assessment and the
remittance report to the state treasurer
. The state
treasurer shall
for
deposit
four
dollars of the assessment
in the public safety equipment fund
established by section 41-1723
and the remaining four
dollars of the assessment in the gang and immigration intelligence team
enforcement mission border security and law enforcement subaccount established
by section 41-1724
.
D. The city or county treasurer shall transmit
four dollars
$4
of the assessment and the
remittance report to the agency that investigated the offense or issued the
citation to be used to supplement, not supplant, monies available for officer
safety equipment.
E. The city treasurer shall transmit
one
dollar
$1
of the assessment and the remittance
report to the county treasurer.� The county treasurer shall transmit
one dollar
$1
of the assessment and any
monies received from the city treasurer pursuant to this subsection to the
following entities to be used to improve, maintain and enhance the ability to
collect and manage monies assessed or received by the courts, to improve court
automation and to improve case processing or the administration of justice:
1. In a county with a population of less than two
million persons, to the justice courts, distributed proportionally based on the
judicial productivity credits calculated pursuant to section 22-125.
2. In a county with a population of two million
persons or more, to the justice court administration.
END_STATUTE
Sec. 3.
Repeal
Section 13-1509, Arizona Revised
Statutes, is repealed.
Sec. 4. Section 13-2319, Arizona Revised
Statutes, is amended to read:
START_STATUTE
13-2319.
Smuggling; classification; definitions
A. It is unlawful for a person to intentionally
engage in the smuggling of human beings for profit or commercial purpose.
B. A violation of this section is a class 4 felony.
C. Notwithstanding subsection B of this section, a
violation of this section:
1. Is a class 2 felony if the human being who is
smuggled is under eighteen years of age and is not accompanied by a family
member over eighteen years of age or the offense involved the use of a deadly
weapon or dangerous instrument.
2. Is a class 3 felony if the offense involves the
use or threatened use of deadly physical force and the person is not eligible
for suspension of sentence, probation, pardon or release from confinement on
any other basis except pursuant to section 31-233, subsection A or B
until the sentence imposed by the court is served, the person is eligible for
release pursuant to section 41-1604.07 or the sentence is commuted.
D. Chapter 10 of this title does not apply to a
violation of subsection C, paragraph 1 of this section.
E. Notwithstanding any other law, in
the enforcement of this section a peace officer may lawfully stop any person
who is operating a motor vehicle if the officer has reasonable suspicion to
believe the person is in violation of any civil traffic law.
F.
e.
For
the purposes of this section:
1. "Family member" means the person's
parent, grandparent, sibling or any other person who is related to the person
by consanguinity or affinity to the second degree.
2. "Procurement of transportation" means
any participation in or facilitation of transportation and includes:
(a) Providing services that facilitate
transportation including travel arrangement services or money transmission
services.
(b) Providing property that facilitates
transportation, including a weapon, a vehicle or other means of transportation
or false identification, or selling, leasing, renting or otherwise making
available a drop house as defined in section 13-2322.
3. "Smuggling of human beings" means the
transportation, procurement of transportation or use of property or real
property by a person or an entity that knows or has reason to know that the
person or persons transported or to be transported are not United States
citizens, permanent resident aliens or persons otherwise lawfully in this state
or have attempted to enter, entered or remained in the United States in
violation of law.
END_STATUTE
Sec. 5.
Repeal
Sections 13-2928 and 13-2929, Arizona
Revised Statutes, are repealed.
Sec. 6. Section 13-3883, Arizona Revised
Statutes, is amended to read:
START_STATUTE
13-3883.
Arrest by officer without warrant
A. A peace officer, without a warrant, may arrest a
person if the officer has probable cause to believe:
1. A felony has been committed and probable cause to
believe the person to be arrested has committed the felony.
2. A misdemeanor has been committed in the officer's
presence and probable cause to believe the person to be arrested has committed
the offense.
3. The person to be arrested has been involved in a
traffic accident and violated any criminal section of title 28, and that such
violation occurred prior to or immediately following such traffic accident.
4. A misdemeanor or a petty offense has been
committed and probable cause to believe the person to be arrested has committed
the offense. A person arrested under this paragraph is eligible for release
under section 13-3903.
5. The person to be arrested has
committed any public offense that makes the person removable from the United
States.
B. A peace officer may stop and detain a person as
is reasonably necessary to investigate an actual or suspected violation of any
traffic law committed in the officer's presence and may serve a copy of the
traffic complaint for any alleged civil or criminal traffic
violation. A peace officer who serves a copy of the traffic
complaint shall do so within a reasonable time of the alleged criminal or civil
traffic violation.
END_STATUTE
Sec. 7. Section 23-212, Arizona Revised
Statutes, is amended to read:
START_STATUTE
23-212.
Knowingly employing unauthorized aliens; prohibition; false and
frivolous complaints; violation; classification; license suspension and
revocation
A. An employer shall not knowingly employ an
unauthorized alien.� If, in the case when an employer uses a contract,
subcontract or other independent contractor agreement to obtain the labor of an
alien in this state, the employer knowingly contracts with an unauthorized
alien or with a person who employs or contracts with an unauthorized alien to
perform the labor, the employer violates this subsection.
B. The attorney general shall prescribe a complaint
form for a person to allege a violation of subsection A of this
section. The complainant shall not be required to list the
complainant's social security number on the complaint form or to have the
complaint form notarized.� On receipt of a complaint on a prescribed complaint
form that an employer allegedly knowingly employs an unauthorized alien, the
attorney general or county attorney shall investigate whether the employer has
violated subsection A of this section.� If a complaint is received but is not
submitted on a prescribed complaint form, the attorney general or county
attorney may investigate whether the employer has violated subsection A of this
section.� This subsection
shall
does
not
be construed to
prohibit the filing of anonymous
complaints that are not submitted on a prescribed complaint form.� The attorney
general or county attorney shall not investigate complaints that are based
solely on race, color or national origin.� A complaint that is submitted to a
county attorney shall be submitted to the county attorney in the county in
which the alleged unauthorized alien is or was employed by the employer.� The
county sheriff or any other local law enforcement agency may assist in
investigating a complaint.� When investigating a complaint, the attorney
general or county attorney shall verify the work authorization of the alleged
unauthorized alien with the federal government pursuant to 8 United States Code
section 1373(c). A state, county or local official shall not attempt
to independently make a final determination on whether an alien is authorized
to work in the United States. An alien's immigration status or work
authorization status shall be verified with the federal government pursuant to
8 United States Code section 1373(c).� A person who knowingly files a false and
frivolous complaint under this subsection is guilty of a class 3 misdemeanor.
C. If, after an investigation, the attorney general
or county attorney determines that the complaint is not false and frivolous:
1. The attorney general or county attorney shall
notify the United States immigration and customs enforcement of the
unauthorized alien.
2. The attorney general or county attorney shall
notify the local law enforcement agency of the unauthorized alien.
3. The attorney general shall notify the appropriate
county attorney to bring an action pursuant to subsection D of this section if
the complaint was originally filed with the attorney general.
D. An action for a violation of subsection A of this
section shall be brought against the employer by the county attorney in the
county where the unauthorized alien employee is or was employed by the
employer.� The county attorney shall not bring an action against any employer
for any violation of subsection A of this section that occurs before January 1,
2008. A second violation of this section shall be based only on an
unauthorized alien who is or was employed by the employer after an action has
been brought for a violation of subsection A of this section or section 23-212.01,
subsection A.
E. For any action in superior court under this
section, the court shall expedite the action, including assigning the hearing
at the earliest practicable date.
F. On a finding of a violation of subsection A of
this section:
1. For a first violation, as described in paragraph
3 of this subsection, the court:
(a) Shall order the employer to terminate the
employment of all unauthorized aliens.
(b) Shall order the employer to be subject to a
three year
three-year
probationary
period for the business location where the unauthorized alien performed work.�
During the probationary period the employer shall file quarterly reports in the
form provided in section 23-722.01 with the county attorney of each new
employee who is hired by the employer at the business location where the
unauthorized alien performed work.
(c) Shall order the employer to file a signed sworn
affidavit with the county attorney within three business days after the order
is issued. The affidavit shall state that the employer has terminated the
employment of all unauthorized aliens in this state and that the employer will
not intentionally or knowingly employ an unauthorized alien in this state.� The
court shall order the appropriate agencies to suspend all licenses subject to
this subdivision that are held by the employer if the employer fails to file a
signed sworn affidavit with the county attorney within three business days
after the order is issued. All licenses that are suspended under
this subdivision shall remain suspended until the employer files a signed sworn
affidavit with the county attorney.� Notwithstanding any other law, on filing
of the affidavit the suspended licenses shall be reinstated immediately by the
appropriate agencies.� For the purposes of this subdivision, the licenses that
are subject to suspension under this subdivision are all licenses that are held
by the employer specific to the business location where the unauthorized alien
performed work. If the employer does not hold a license specific to
the business location where the unauthorized alien performed work, but a
license is necessary to operate the employer's business in general, the
licenses that are subject to suspension under this subdivision are all licenses
that are held by the employer at the employer's primary place of business.� On
receipt of the court's order and notwithstanding any other law, the appropriate
agencies shall suspend the licenses according to the court's
order. The court shall send a copy of the court's order to the
attorney general and the attorney general shall maintain the copy pursuant to
subsection G of this section.
(d) May order the appropriate agencies to suspend
all licenses described in subdivision (c) of this paragraph that are held by
the employer for not
to exceed
more than
ten business days.� The court shall base its decision to suspend
the license
under this subdivision on any evidence or
information submitted to it during the action for a violation of this
subsection and shall consider the following factors, if relevant:
(i) The number of unauthorized aliens employed by
the employer.
(ii) Any prior misconduct by the employer.
(iii) The degree of harm resulting from the
violation.
(iv) Whether the employer made good faith efforts to
comply with any applicable requirements.
(v) The duration of the violation.
(vi) The role of the directors, officers or
principals of the employer in the violation.
(vii) Any other factors the court deems appropriate.
2. For a second violation, as described in paragraph
3 of this subsection, the court shall order the appropriate agencies to
permanently revoke all licenses that are held by the employer specific to the
business location where the unauthorized alien performed work.� If the employer
does not hold a license specific to the business location where the
unauthorized alien performed work, but a license is necessary to operate the
employer's business in general, the court shall order the appropriate agencies
to permanently revoke all licenses that are held by the employer at the
employer's primary place of business. On receipt of the order and
notwithstanding any other law, the appropriate agencies shall immediately
revoke the licenses.
3. The violation
shall be
is
considered:
(a) A first violation by an employer at a business
location if the violation did not occur during a probationary period ordered by
the court under this subsection or section 23-212.01, subsection F for
that employer's business location.
(b) A second violation by an employer at a business
location if the violation occurred during a probationary period ordered by the
court under this subsection or section 23-212.01, subsection F for that
employer's business location.
G. The attorney general shall maintain copies of
court orders that are received pursuant to subsection F of this section and
shall maintain a database of the employers and business locations that have a
first violation of subsection A of this section and make the court orders
available on the attorney general's website.
H. On determining whether an employee is an
unauthorized alien, the court shall consider only the federal government's
determination pursuant to 8 United States Code section 1373(c). The
federal government's determination creates a rebuttable presumption of the
employee's lawful status.� The court may take judicial notice of the federal
government's determination and may request the federal government to provide
automated or testimonial verification pursuant to 8 United States Code section
1373(c).
I. For the purposes of this section, proof of
verifying the employment authorization of an employee through the e-verify
program creates a rebuttable presumption that an employer did not knowingly
employ an unauthorized alien.
J. For the purposes of this section, an employer
that establishes that it has complied in good faith with the requirements of 8
United States Code section 1324a(b) establishes an affirmative defense that the
employer did not knowingly employ an unauthorized alien.� An employer is
considered to have complied with the requirements of 8 United States Code
section 1324a(b), notwithstanding an isolated, sporadic or accidental technical
or procedural failure to meet the requirements, if there is a good faith attempt
to comply with the requirements.
K. It is an affirmative defense to a
violation of subsection A of this section that the employer was
entrapped. To claim entrapment, the employer must admit by the
employer's testimony or other evidence the substantial elements of the
violation. An employer who asserts an entrapment defense has the
burden of proving the following by a preponderance of the evidence:
1. The idea of committing the
violation started with law enforcement officers or their agents rather than
with the employer.
2. The law enforcement officers or
their agents urged and induced the employer to commit the violation.
3. The employer was not predisposed to
commit the violation before the law enforcement officers or their agents urged
and induced the employer to commit the violation.
L. An employer does not establish
entrapment if the employer was predisposed to violate subsection A of this
section and the law enforcement officers or their agents merely provided the
employer with an opportunity to commit the violation. It is not
entrapment for law enforcement officers or their agents merely to use a ruse or
to conceal their identity. The conduct of law enforcement officers
and their agents may be considered in determining if an employer has proven
entrapment.
END_STATUTE
Sec. 8. Section 23-212.01, Arizona Revised
Statutes, is amended to read:
START_STATUTE
23-212.01.
Intentionally employing unauthorized aliens; prohibition; false
and frivolous complaints; violation; classification; license suspension and
revocation
A. An employer shall not intentionally employ an
unauthorized alien.� If, in the case when an employer uses a contract,
subcontract or other independent contractor agreement to obtain the labor of an
alien in this state, the employer intentionally contracts with an unauthorized
alien or with a person who employs or contracts with an unauthorized alien to
perform the labor, the employer violates this subsection.
B. The attorney general shall prescribe a complaint
form for a person to allege a violation of subsection A of this
section. The complainant shall not be required to list the
complainant's social security number on the complaint form or to have the
complaint form notarized.� On receipt of a complaint on a prescribed complaint
form that an employer allegedly intentionally employs an unauthorized alien,
the attorney general or county attorney shall investigate whether the employer
has violated subsection A of this section. If a complaint is
received but is not submitted on a prescribed complaint form, the attorney
general or county attorney may investigate whether the employer has violated
subsection A of this section.� This subsection
shall
does
not
be construed to
prohibit the
filing of anonymous complaints that are not submitted on a prescribed complaint
form.� The attorney general or county attorney shall not investigate complaints
that are based solely on race, color or national origin. A complaint
that is submitted to a county attorney shall be submitted to the county
attorney in the county in which the alleged unauthorized alien is or was
employed by the employer.� The county sheriff or any other local law
enforcement agency may assist in investigating a complaint.� When investigating
a complaint, the attorney general or county attorney shall verify the work
authorization of the alleged unauthorized alien with the federal government
pursuant to 8 United States Code section 1373(c). A state, county or
local official shall not attempt to independently make a final determination on
whether an alien is authorized to work in the United States. An
alien's immigration status or work authorization status shall be verified with
the federal government pursuant to 8 United States Code section 1373(c).� A
person who knowingly files a false and frivolous complaint under this
subsection is guilty of a class 3 misdemeanor.
C. If, after an investigation, the attorney general
or county attorney determines that the complaint is not false and frivolous:
1. The attorney general or county attorney shall
notify the United States immigration and customs enforcement of the
unauthorized alien.
2. The attorney general or county attorney shall
notify the local law enforcement agency of the unauthorized alien.
3. The attorney general shall notify the appropriate
county attorney to bring an action pursuant to subsection D of this section if
the complaint was originally filed with the attorney general.
D. An action for a violation of subsection A of this
section shall be brought against the employer by the county attorney in the
county where the unauthorized alien employee is or was employed by the
employer.� The county attorney shall not bring an action against any employer
for any violation of subsection A of this section that occurs before January 1,
2008. A second violation of this section shall be based only on an
unauthorized alien who is or was employed by the employer after an action has
been brought for a violation of subsection A of this section or section 23-212,
subsection A.
E. For any action in superior court under this
section, the court shall expedite the action, including assigning the hearing
at the earliest practicable date.
F. On a finding of a
violation of subsection A of this section:
1. For a first
violation, as described in paragraph 3 of this subsection, the court shall:
(a) Order the employer to terminate the employment
of all unauthorized aliens.
(b) Order the employer to be subject to a
five year
five-year
probationary
period for the business location where the unauthorized alien performed
work. During the probationary period the employer shall file
quarterly reports in the form provided in section 23-722.01 with the
county attorney of each new employee who is hired by the employer at the
business location where the unauthorized alien performed work.
(c) Order the appropriate agencies to suspend all
licenses described in subdivision (d) of this paragraph that are held by the
employer for a minimum of ten days.� The court shall base its decision on the
length of the suspension under this subdivision on any evidence or information
submitted to it during the action for a violation of this subsection and shall
consider the following factors, if relevant:
(i) The number of unauthorized aliens employed by
the employer.
(ii) Any prior misconduct by the employer.
(iii) The degree of harm resulting from the
violation.
(iv) Whether the employer made good faith efforts to
comply with any applicable requirements.
(v) The duration of the violation.
(vi) The role of the directors, officers or
principals of the employer in the violation.
(vii) Any other factors the court deems appropriate.
(d) Order the employer to file a signed sworn
affidavit with the county attorney. The affidavit shall state that
the employer has terminated the employment of all unauthorized aliens in this
state and that the employer will not intentionally or knowingly employ an
unauthorized alien in this state.� The court shall order the appropriate
agencies to suspend all licenses subject to this subdivision that are held by
the employer if the employer fails to file a signed sworn affidavit with the
county attorney within three business days after the order is
issued. All licenses that are suspended under this subdivision for
failing to file a signed sworn affidavit shall remain suspended until the
employer files a signed sworn affidavit with the county attorney.� For the
purposes of this subdivision, the licenses that are subject to suspension under
this subdivision are all licenses that are held by the employer specific to the
business location where the unauthorized alien performed work.� If the employer
does not hold a license specific to the business location where the
unauthorized alien performed work, but a license is necessary to operate the
employer's business in general, the licenses that are subject to suspension
under this subdivision are all licenses that are held by the employer at the
employer's primary place of business. On receipt of the court's
order and notwithstanding any other law, the appropriate agencies shall suspend
the licenses according to the court's order.� The court shall send a copy of the
court's order to the attorney general and the attorney general shall maintain
the copy pursuant to subsection G of this section.
2. For a second violation, as described in paragraph
3 of this subsection, the court shall order the appropriate agencies to
permanently revoke all licenses that are held by the employer specific to the
business location where the unauthorized alien performed work. If
the employer does not hold a license specific to the business location where
the unauthorized alien performed work, but a license is necessary to operate
the employer's business in general, the court shall order the appropriate
agencies to permanently revoke all licenses that are held by the employer at
the employer's primary place of business. On receipt of the order
and notwithstanding any other law, the appropriate agencies shall immediately
revoke the licenses.
3. The violation
shall be
is
considered:
(a) A first violation by an employer at a business
location if the violation did not occur during a probationary period ordered by
the court under this subsection or section 23-212, subsection F for that
employer's business location.
(b) A second violation by an employer at a business
location if the violation occurred during a probationary period ordered by the
court under this subsection or section 23-212, subsection F for that
employer's business location.
G. The attorney general shall maintain copies of
court orders that are received pursuant to subsection F of this section and
shall maintain a database of the employers and business locations that have a
first violation of subsection A of this section and make the court orders
available on the attorney general's website.
H. On determining whether an employee is an
unauthorized alien, the court shall consider only the federal government's
determination pursuant to 8 United States Code section 1373(c). The
federal government's determination creates a rebuttable presumption of the
employee's lawful status.� The court may take judicial notice of the federal
government's determination and may request the federal government to provide
automated or testimonial verification pursuant to 8 United States Code section
1373(c).
I. For the purposes of this section, proof of
verifying the employment authorization of an employee through the e-verify
program creates a rebuttable presumption that an employer did not intentionally
employ an unauthorized alien.
J. For the purposes of this section, an employer
that establishes that it has complied in good faith with the requirements of 8
United States Code section 1324a(b) establishes an affirmative defense that the
employer did not intentionally employ an unauthorized alien.� An employer is
considered to have complied with the requirements of 8 United States Code
section 1324a(b), notwithstanding an isolated, sporadic or accidental technical
or procedural failure to meet the requirements, if there is a good faith
attempt to comply with the requirements.
K. It is an affirmative defense to a
violation of subsection A of this section that the employer was
entrapped. To claim entrapment, the employer must admit by the
employer's testimony or other evidence the substantial elements of the
violation. An employer who asserts an entrapment defense has the
burden of proving the following by a preponderance of the evidence:
1. The idea of committing the
violation started with law enforcement officers or their agents rather than
with the employer.
2. The law enforcement officers or
their agents urged and induced the employer to commit the violation.
3. The employer was not predisposed to
commit the violation before the law enforcement officers or their agents urged
and induced the employer to commit the violation.
L. An employer does not establish
entrapment if the employer was predisposed to violate subsection A of this
section and the law enforcement officers or their agents merely provided the
employer with an opportunity to commit the violation. It is not
entrapment for law enforcement officers or their agents merely to use a ruse or
to conceal their identity.� The conduct of law enforcement officers and their
agents may be considered in determining if an employer has proven entrapment.
END_STATUTE
Sec. 9. Section 23-214, Arizona Revised
Statutes, is amended to read:
START_STATUTE
23-214.
Verification of employment eligibility; e-verify program;
economic development incentives; list of registered employers
A.
After December 31, 2007,
Every employer, after hiring an employee, shall verify the employment
eligibility of the employee through the e-verify program
and
shall keep a record of the verification for the duration of the employee's
employment or at least three years, whichever is longer
.
B. In addition to any other requirement for an
employer to receive an economic development incentive from a government entity,
the employer shall register with and participate in the e-verify
program. Before receiving the economic development incentive, the
employer shall provide proof to the government entity that the employer is
registered with and is participating in the e-verify program. If the
government entity determines that the employer is not complying with this
subsection, the government entity shall notify the employer by certified mail
of the government entity's determination of noncompliance and the employer's
right to appeal the determination. On a final determination of
noncompliance, the employer shall repay all monies received as an economic
development incentive to the government entity within thirty days
of
after
the final determination.� For the
purposes of this subsection:
1. "Economic development incentive" means
any grant, loan or performance-based incentive from any government entity that
is awarded after September 30, 2008.� Economic development incentive does not
include any tax provision under title 42 or 43.
2. "Government entity" means this state
and any political subdivision of this state that receives and uses tax
revenues.
C. Every three months the attorney general shall
request from the United States department of homeland security a list of
employers from this state that are registered with the e-verify program.� On
receipt of the list of employers, the attorney general shall make the list
available on the attorney general's website.
END_STATUTE
Sec. 10. Section 28-3511, Arizona Revised
Statutes, is amended to read:
START_STATUTE
28-3511.
Removal and immobilization or impoundment of vehicle; Arizona
crime information center database
A. A peace officer shall cause the removal and
either immobilization or impoundment of a vehicle if the peace officer
determines that:
1. A person is driving the vehicle while any of the
following applies:
(a) Except as otherwise provided in this
subdivision, the person's driving privilege is revoked for any
reason. A peace officer shall not cause the removal and either
immobilization or impoundment of a vehicle pursuant to this subdivision if the
person's privilege to drive is valid in this state.
(b) The person has
not ever
never
been issued a valid driver license or permit by this
state and the person does not produce evidence of ever having a valid driver
license or permit issued by another jurisdiction. This subdivision
does not apply to the operation of an implement of husbandry.
(c) The person is subject to an ignition interlock
device requirement pursuant to chapter 4 of this title and the person is
operating a vehicle without a functioning certified ignition interlock device.�
This subdivision does not apply to the operation of a vehicle due to a
substantial emergency as defined in section 28-1464.
(d) In furtherance of the illegal
presence of an alien in the United States and in violation of a criminal
offense, the person is transporting or moving or attempting to transport or
move an alien in this state in a vehicle if the person knows or recklessly
disregards the fact that the alien has come to, has entered or remains in the
United States in violation of law.
(e) The person is concealing,
harboring or shielding or attempting to conceal, harbor or shield from
detection an alien in this state in a vehicle if the person knows or recklessly
disregards the fact that the alien has come to, entered or remains in the
United States in violation of law.
2. A person is driving
a
the
vehicle in violation of section 28-693 and the peace
officer reasonably believes that allowing the person to continue driving the
vehicle would expose other persons to the risk of serious bodily injury or
death.
3. A person is driving
a
the
vehicle in violation of section 28-708 and the peace
officer reasonably believes that allowing the person to continue driving the
vehicle would expose other persons to the risk of serious bodily injury or
death.
4. A person is obstructing a highway or other public
thoroughfare in violation of section 13-2906 and the peace officer
reasonably believes that allowing the person to continue driving the vehicle
would expose other persons to the risk of serious bodily injury or death.
5. The vehicle is displayed for sale or for transfer
of ownership with a vehicle identification number that has been destroyed,
removed, covered, altered or defaced.
B. A peace officer shall cause the removal and
impoundment of a vehicle if the peace officer determines that a person is
driving the vehicle and if all of the following apply:
1. The person's driving privilege is canceled or
revoked for any reason or the person has
not ever
never
been issued a driver license or permit by this state and
the person does not produce evidence of ever having a driver license or permit
issued by another jurisdiction.
2. The person is not in compliance with the
financial responsibility requirements of chapter 9, article 4 of this title.
3. The person is driving a vehicle that is involved
in an accident that results in either property damage or injury to or death of
another person.
C. Except as provided in subsection D of this
section, while a peace officer has control of the vehicle the peace officer
shall cause the removal and either immobilization or impoundment of the vehicle
if the peace officer has probable cause to arrest the driver of the vehicle for
a violation of section 4-244, paragraph 34 or section 28-1382 or 28-1383.
D. A peace officer shall not cause the removal and
either the immobilization or impoundment of a vehicle pursuant to subsection C
of this section if all of the following apply:
1. The peace officer determines that the vehicle is
currently registered and that the driver or the vehicle is in compliance with
the financial responsibility requirements of chapter 9, article 4 of this
title.
2. Another person is with the driver at the time of
the arrest.
3. The peace officer has reasonable grounds to
believe that the other person who is with the driver at the time of the arrest
meets all of the following:
(a) Has a valid driver license.
(b) Is not impaired by intoxicating liquor, any
drug, a vapor releasing substance containing a toxic substance or any
combination of liquor, drugs or vapor releasing substances.
(c) Does not have any spirituous liquor in the
person's body if the person is under twenty-one years of age.
4. The other person who is with the driver at the
time of the arrest notifies the peace officer that the person will drive the
vehicle from the place of arrest to the driver's home or other place of safety.
5. The other person drives the vehicle as prescribed
by paragraph 4 of this subsection.
E. Except as provided in subsection H of this
section and as otherwise provided in this article, a vehicle that is removed
and either immobilized or impounded pursuant to subsection A, B or C of this
section shall be immobilized or impounded for twenty days. An
insurance company does not have a duty to pay any benefits for charges or fees
for immobilization or impoundment.
F. The owner of a vehicle that is removed and either
immobilized or impounded pursuant to subsection A, B or C of this section, the
spouse of the owner and each person who has provided the department with
indicia of ownership as prescribed in section 28-3514 or other interest
in the vehicle that exists immediately before the immobilization or impoundment
shall be provided with an opportunity for an immobilization or poststorage
hearing pursuant to section 28-3514.
G. A law enforcement agency that employs the peace
officer who removes and either immobilizes or impounds a vehicle pursuant to
this section shall enter information about the removal and either
immobilization or impoundment of the vehicle in the Arizona crime information
center database within three business days after the removal and either
immobilization or impoundment.
H. A vehicle that is removed and either immobilized
or impounded pursuant to subsection A, paragraph 4 of this section shall be
immobilized or impounded for seven days.
END_STATUTE
Sec. 11.
Repeal
Section 41-1724, Arizona Revised
Statutes, is repealed.