probation; immigration enforcement; court notification

SB1213 - 572R - S Ver

Senate Engrossed

probation;
immigration enforcement; court notification

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SENATE BILL 1213

AN
ACT

amending sections 11-1051 and 13-901,
Arizona Revised Statutes; relating to immigration enforcement.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 11-1051, Arizona Revised
Statutes, is amended to read:

START_STATUTE
11-1051.

Cooperation and assistance in enforcement of immigration laws;
indemnification

A.
No
an

official or agency of this state or a county, city, town or other political
subdivision of this state may
not
limit or restrict the
enforcement of federal immigration laws to less than the full extent
permitted
allowed
by federal law.

B. For any lawful stop, detention or arrest made by
a law enforcement official or a law enforcement agency of this state or a law
enforcement official or a law enforcement agency of a county, city, town
or other political subdivision of this state in the enforcement of any other
law or ordinance of a county, city or town or this state where reasonable
suspicion exists that the person is an alien and is unlawfully present in the
United States, a reasonable attempt shall be made, when practicable, to determine
the immigration status of the person, except if the determination may hinder or
obstruct an investigation.� Any person who is arrested shall have the person's
immigration status determined before the person is released.� The person's
immigration status shall be verified with the federal government pursuant to 8
United States Code section 1373(c).� A law enforcement official or agency of
this state or a county, city, town or other political subdivision of this state
may not consider race, color or national origin in implementing the
requirements of this subsection except to the extent
permitted
allowed
by the United States or Arizona Constitution.� A
person is presumed to not be an alien who is unlawfully present in the United
States if the person provides to the law enforcement officer or agency any of
the following:

1. A valid Arizona driver license.

2. A valid Arizona nonoperating identification
license.

3. A valid tribal enrollment card or other form of
tribal identification.

4. If the entity requires proof of legal presence in
the United States before issuance, any valid United States federal, state or
local government issued identification.

C.
If an alien who is
unlawfully present in the United States is convicted of a violation of state or
local law
,
on discharge from imprisonment or on the
assessment of any monetary obligation that is imposed,

the
Court shall immediately notify
the United States
immigration and customs enforcement
or the United States customs
and border protection
shall be immediately notified
.
If an alien who is unlawfully present in the United States is
discharged from imprisonment or is assessed a monetary obligation, the agency
of this state or the county, city, town or other political subdivision of this
state that discharges the alien or assesses the monetary obligation shall
immediately notify the United States immigration and customs enforcement.

D. Notwithstanding any other law, a law enforcement
agency may securely transport an alien who the agency has received verification
is unlawfully present in the United States and who is in the agency's custody
to a federal facility in this state or to any other point of transfer into
federal custody that is outside the jurisdiction of the law enforcement
agency. A law enforcement agency shall obtain judicial authorization
before securely transporting an alien who is unlawfully present in the United
States to a point of transfer that is outside of this state.

E. In the implementation of this section, an alien's
immigration status may be determined by:

1. A law enforcement officer who is authorized by
the federal government to verify or ascertain an alien's immigration status.

2. The United States immigration and customs
enforcement or the United States customs and border protection pursuant to 8
United States Code section 1373(c).

F. Except as provided in federal law, officials or
agencies of this state and counties, cities, towns and other political
subdivisions of this state may not be prohibited or
in any way be

restricted from sending, receiving or maintaining information relating to the
immigration status, lawful or unlawful, of any individual or exchanging that
information with any other federal, state or local governmental entity for the
following official purposes:

1. Determining eligibility for any public benefit,
service or license provided by any federal, state, local or other political
subdivision of this state.

2. Verifying any claim of residence or domicile if
determination of residence or domicile is required under the laws of this state
or a judicial order issued pursuant to a civil or criminal proceeding in this
state.

3. If the person is an alien, determining whether
the person is in compliance with the federal registration laws prescribed by
title II, chapter 7 of the federal immigration and nationality act.

4. Pursuant to 8 United States Code section 1373 and
8 United States Code section 1644.

G. This section does not implement, authorize or
establish
and shall not be construed to implement, authorize or
establish
the REAL ID act of 2005 (P.L. 109-13, division B; 119
Stat. 302), including the use of a radio frequency identification chip.

H. A person who is a legal resident of this state
may bring an action in superior court to challenge any official or agency of
this state or a county, city, town or other political subdivision of this state
that adopts or implements a policy that limits or restricts the enforcement of
federal immigration laws, including 8 United States Code sections 1373 and
1644, to less than the full extent
permitted
allowed
by federal law.� If there is a judicial finding that
an entity has violated this section, the court shall order that the entity pay
a civil penalty of
not less than five hundred dollars
at least $500
and not more than
five thousand
dollars
$5,000
for each day that the policy has
remained in effect after the filing of an action pursuant to this subsection.

I. A court shall collect the civil penalty
prescribed in subsection H of this section and remit the civil penalty to the
state treasurer for deposit in the gang and immigration intelligence team
enforcement mission fund established by section 41-1724.

J. The court may award court costs and reasonable
attorney fees to any person or any official or agency of this state or a
county, city, town or other political subdivision of this state that prevails
by an adjudication on the merits in a proceeding brought pursuant to this
section.

K. Except in relation to matters in which the
officer is adjudged to have acted in bad faith, a law enforcement officer is
indemnified by the law enforcement officer's agency against reasonable costs
and expenses, including attorney fees, incurred by the officer in connection
with any action, suit or proceeding brought pursuant to this section in which
the officer may be a defendant by reason of the officer being or having been a
member of the law enforcement agency.

L. This section shall be implemented in a manner
consistent with federal laws regulating immigration, protecting the civil
rights of all persons and respecting the privileges and immunities of United
States citizens.
END_STATUTE

Sec. 2. Section 13-901, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-901.

Probation

A. If a person who has been convicted of an offense
is eligible for probation, the court may suspend the imposition or execution of
sentence and, if so, shall without delay place the person on intensive
probation supervision pursuant to section 13-913 or supervised or
unsupervised probation on such terms and conditions as the law requires and the
court deems appropriate, including participation in any programs authorized in
title 12, chapter 2, article 11. If a person is not eligible for
probation, imposition or execution of sentence shall not be suspended or
delayed.� If the court imposes probation, it may also impose a fine as
authorized by chapter 8 of this title. If probation is granted the
court shall impose a condition that the person waive extradition for any
probation revocation procedures and it shall order restitution pursuant to
section 13-603, subsection C where there is a victim who has suffered
economic loss. When granting probation to an adult the court, as a
condition of probation, shall assess a monthly fee of not less than $65 unless,
after determining the inability of the probationer to pay the fee, the court
assesses a lesser fee. This fee is not subject to any surcharge.� In
justice and municipal courts the fee shall only be assessed when the person is
placed on supervised probation.� For persons placed on probation in the
superior court, the fee shall be paid to the clerk of the superior court and
the clerk of the court shall pay all monies collected from this fee to the
county treasurer for deposit in the adult probation services fund established
by section 12-267. For persons placed on supervised probation
in the justice court, the fee shall be paid to the justice court and the
justice court shall transmit all of the monies to the county treasurer for
deposit in the adult probation services fund established by section 12-267. For
persons placed on supervised probation in the municipal court, the fee shall be
paid to the municipal court. The municipal court shall transmit all
of the monies to the city treasurer who shall transmit the monies to the county
treasurer for deposit in the adult probation services fund established by
section 12-267. Any amount assessed pursuant to this
subsection shall be used to supplement monies used for the salaries of adult
probation and surveillance officers and for support of programs and services of
the superior court adult probation departments.

B. The period of probation shall be determined
according to section 13-902, except that if a person is released pursuant
to section 31-233, subsection B and community supervision is waived
pursuant to section 13-603, subsection K, the court shall extend the
period of probation by the amount of time the director of the state department
of corrections approves for the inmate's temporary release.

C. The court, in its discretion, may issue a warrant
for the rearrest of the defendant and may modify or add to the conditions or,
if the defendant commits an additional offense or violates a condition, may
revoke probation in accordance with the Arizona rules of criminal procedure at
any time before the expiration or termination of the period of
probation. If the court revokes the defendant's probation and the
defendant is serving more than one probationary term concurrently, the court
may sentence the person to terms of imprisonment to be served consecutively.

D. At any time during the probationary term of the
person released on probation, any probation officer, without warrant or other
process and at any time until the final disposition of the case, may rearrest
any person and bring the person before the court.

E. The court, on its own initiative or on
application of the probationer, after notice and an opportunity to be heard for
the prosecuting attorney and, on request, the victim, may terminate the period
of probation or intensive probation and discharge the defendant at a time
earlier than that originally imposed if in the court's opinion the ends of
justice will be served and if the conduct of the defendant on probation
warrants it.�

F. When granting probation the court may require
that the defendant be imprisoned in the county jail at whatever time or
intervals, consecutive or nonconsecutive, the court shall determine, within the
period of probation, as long as the period actually spent in confinement does
not exceed one year or the maximum period of imprisonment allowed under chapter
7 of this title, whichever is the shorter.

G. If the defendant is placed on lifetime probation
and has served one year in the county jail as a term of probation, the court
may require that the defendant be additionally imprisoned in the county jail at
whatever time or intervals, consecutive or nonconsecutive, the court shall
determine, within the period of probation if the defendant's probation is revoked
by the court and the defendant is subsequently reinstated on
probation. The period actually spent in confinement as a term of
being reinstated on probation shall not exceed one year or, when including the
initial one-year period of incarceration imposed as a term of probation,
the maximum period of imprisonment allowed under chapter 7 of this title,
whichever is shorter.

H. If restitution is made a condition of probation,
the court shall fix the amount of restitution and the manner of performance
pursuant to chapter 8 of this title.

I. When granting probation, the court shall set
forth at the time of sentencing and on the record the factual and legal reasons
in support of each sentence.

J. If the defendant meets the criteria set forth in
section 13-901.01 or 13-3422, the court may place the defendant on
probation pursuant to either section. If a defendant is placed on
probation pursuant to section 13-901.01 or 13-3422, the court may
impose any term of probation that is authorized pursuant to this section and
that is not in violation of section 13-901.01.

K. If the court imposes a term of probation, the
court may require the defendant to report to a probation
officer. The court or the defendant's probation officer may allow
the defendant to fulfill a reporting requirement through remote
reporting. The probation officer shall take into consideration and
make accommodations for the probationer's work schedule, family caregiver
obligations, substance abuse treatment or recovery program, mental health
treatment, transportation availability and medical care requirements before
setting the reporting time and location requirements for the probationer.

L. If a probationer makes a written request to the
supervising probation department to courtesy transfer the probationer's
intensive probation supervision or supervised probation to another county in
this state with the intent to reside in that county and provides proof of
family caregiver obligations, employment or housing, or an offer of employment
or housing that will assist in the probationer's positive behavioral change,
the supervising probation department shall do all of the following:

1. Confirm the details of the probationer's
employment, housing or family caregiving plans.

2. Review any victim safety concerns and ensure
compliance with the victims' bill of rights.

3. Submit the request for permission to proceed to
the receiving county within seven business days after receipt.

M. After verifying the information submitted by the
sending probation department pursuant to subsection L of this section, the
receiving probation department shall provide the sending probation department
with permission for the probationer to proceed to the receiving county within
seven business days after receipt unless the receiving probation department
finds the basis for the plan is not factual or the transfer will endanger the
victim.

N. If a probationer's intensive probation
supervision or supervised probation is courtesy transferred to another county
pursuant to subsection L of this section and the probationer subsequently
violates the terms of the probationer's probation or commits an additional
offense while on probation, the probation department in the county in which the
probation violation or additional offense occurred may not return the
probationer's intensive probation supervision or supervised probation back to the
county in which the probationer's probation was originally imposed except for
revocation hearings or an order of the court.

O. Notwithstanding any other law, If
the person is an alien who is unlawfully present in the United States and who
is convicted of a violation of state or local law:

1. The alien is not eligible for
probation.

2. The court shall immediately notify
the United States immigration and customs enforcement as prescribed by section
11-1051.

P. In the enforcement of subsection O
of this section, an alien's immigration status may be determined by:

1. A law enforcement officer who is
authorized by the federal government to verify or ascertain an alien's
immigration status.

2. The United States immigration and
customs enforcement or the United States customs and border protection pursuant
to 8 United States Code section 1373(
c
).
END_STATUTE