REFERENCE TITLE: unlawful use; public resources; offense

 

 

 

State of Arizona

House of Representatives

Fifty-first Legislature

Second Regular Session

2014

 

 

HB 2192

 

Introduced by

Representative Seel

 

 

AN ACT

 

amending title 13, chapter 37, Arizona Revised Statutes, by adding section 13-3729; relating to unlawful use of public resources.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section 1.  Title 13, chapter 37, Arizona Revised Statutes, is amended by adding section 13-3729, to read:

START_STATUTE13-3729.  Unlawful use of public resources; vehicle forfeiture; classification; definition

A.  A person commits unlawful use of public resources if the person uses any public resource while present in this state in violation of any regulation, statute or court order or any other operation of law that has determined the person is not lawfully present in this state or that precludes the person from lawfully entering or remaining in this state, including an executive office for immigration review deportation order, a signed agreement to not return to the United States between the person and the United States Immigration and customs enforcement or an order by another state requiring the person to not leave that state while on bail or a similar court order.

B.  Any record that relates to the immigration status or illegal presence of a person in this state is admissible in any court without further foundation or testimony from a custodian of records if the record is certified as authentic by the government agency that is responsible for maintaining the record.

C.  Motor vehicles that are used in violation of this section are subject to seizure for forfeiture in the manner provided for in chapter 39 of this title.

D.  A violation of this section is a class 1 misdemeanor.  A second or subsequent violation of this section is a class 6 felony.

E.  For the purposes of this section, "uses any public resource" includes driving on a public road or highway, accepting any public benefit, attending a public school or using the services of any public entity in this state.END_STATUTE