Rough Draft
October 17, 2019 11:09 AM
Folder 60, Drafter STEVE PRIMACK

REFERENCE TITLE: sanctuary jurisdiction; civil action; liability

State of Arizona
House of Representatives
Fifty-fourth Legislature
Second Regular Session
2020

H. B. ____
Introduced by ____________________

AN ACT
AMENDING TITLE 11, CHAPTER 7, ARTICLE 8, ARIZONA REVISED STATUTES, BY
ADDING SECTION 11-1052; RELATING TO THE ENFORCEMENT OF IMMIGRATION LAWS.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 11, chapter 7, article 8, Arizona Revised
Statutes, is amended by adding section 11-1052, to read:
11-1052. Sanctuary
jurisdiction
liability;
crime
victim
damages; definitions
A. NOTWITHSTANDING SECTION 12-820.02, AN INDIVIDUAL, OR THE SPOUSE,
PARENT OR CHILD OF THE INDIVIDUAL IF THE INDIVIDUAL IS DECEASED OR
PERMANENTLY INCAPACITATED, MAY BRING AN ACTION FOR DAMAGES AGAINST A CITY,
TOWN, COUNTY OR OTHER POLITICAL SUBDIVISION OF THIS STATE THAT IS A
SANCTUARY JURISDICTION IF ALL OF THE FOLLOWING APPLY:
1. THE INDIVIDUAL IS THE VICTIM OF MURDER, SEXUAL ASSAULT OR ANY
OTHER FELONY.
2. AN ALIEN WAS ARRESTED, CONVICTED AND SENTENCED TO A TERM OF
IMPRISONMENT FOR AT LEAST ONE YEAR FOR THE MURDER, SEXUAL ASSAULT OR OTHER
FELONY.
3. WITHIN TEN YEARS BEFORE THE OFFENSE OCCURRED, THE CITY, TOWN,
COUNTY OR OTHER POLITICAL SUBDIVISION OF THIS STATE FAILED TO EITHER:
(a) COMPLY WITH BOTH OF THE FOLLOWING:
(i) A LAWFUL REQUEST WITH RESPECT TO THE ALIEN BY THE UNITED STATES
DEPARTMENT OF HOMELAND SECURITY UNDER THE IMMIGRATION AND NATIONALITY ACT
(66 STAT. 163; 8 UNITED STATES CODE SECTIONS 1226 AND 1357).
(ii) A DETAINER FOR, OR NOTIFY ABOUT THE RELEASE OF, THE ALIEN.
(b) CONTACT THE FEDERAL GOVERNMENT TO DETERMINE THE IMMIGRATION
STATUS OF THE PERSON IF REQUIRED PURSUANT TO SECTION 11-1051,
SUBSECTION B.
B. THE COURT SHALL AWARD THE PREVAILING PARTY COSTS AND REASONABLE
ATTORNEY FEES.
C. FOR THE PURPOSES OF THIS SECTION:
1. "ALIEN" MEANS AN INDIVIDUAL WHO IS UNLAWFULLY PRESENT IN THE
UNITED STATES AS DETERMINED BY THE FEDERAL GOVERNMENT OR BY A PERSON WHO
IS AUTHORIZED BY THE FEDERAL GOVERNMENT TO MAKE THE DETERMINATION.
2. "SANCTUARY JURISDICTION" MEANS A CITY, TOWN, COUNTY OR OTHER
POLITICAL SUBDIVISION OF THIS STATE THAT HAS IN EFFECT AN ORDINANCE,
POLICY, RULE OR PRACTICE THAT PROHIBITS OR RESTRICTS ANY GOVERNMENT ENTITY
OR OFFICIAL FROM EITHER:
(a) SENDING, RECEIVING, MAINTAINING OR EXCHANGING WITH ANY FEDERAL,
STATE OR LOCAL GOVERNMENT ENTITY INFORMATION REGARDING THE CITIZENSHIP OR
IMMIGRATION STATUS OF ANY ALIEN.
(b) COMPLYING WITH A LAWFUL REQUEST BY THE UNITED STATES DEPARTMENT
OF HOMELAND SECURITY PURSUANT TO THE IMMIGRATION AND NATIONALITY ACT (66
STAT. 163; 8 UNITED STATES CODE SECTIONS 1226 AND 1357) TO COMPLY WITH A
DETAINER FOR, OR NOTIFY ABOUT THE RELEASE OF, AN ALIEN.

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