Text of New Arizona Revised Statutes Section 13-1509 as revised by House Bill 2162 (effective July 29, 2010).  Deletions to text made by HB 2162 are show in red text that is lined out and new language is this color and underlined.  This post does not contain the entire text of the new law.  The entire law is contained in this part 2 and in:

13-1509.  Trespassing by illegal aliens; assessment; exception; classification

A.  In addition to any violation of federal law, a person is guilty of trespassing if the person is both:

1.  Present on any public or private land in this state.
2.  In violation of 8 United States Code section 1304(e) [KEYTLaw Comment - Section 1304(e) states: "Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section. Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both."] or 1306(a).  [KEYTLaw Comment - Section 1306(a) states: "Any alien required to apply for registration and to be fingerprinted in the United States who willfully fails or refuses to make such application or to be fingerprinted, and any parent or legal guardian required to apply for the registration of any alien who willfully fails or refuses to file application for the registration of such alien shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $1,000 or be imprisoned not more than six months, or both.]

B.  In the enforcement of this section, the final determination of an alien’s immigration status shall be determined by either:

1.  A law enforcement officer who is authorized by the federal government to verify or ascertain an alien’s immigration status.
2.  A law enforcement officer or agency communicating with the United States immigration and customs enforcement or the United States border protection pursuant to 8 United States Code section 1373(c) [KEYTLaw Comment - Section 1373(c) states: "The Immigration and Naturalization Service shall respond to an inquiry by a Federal, State, or local government agency, seeking to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by law, by providing the requested verification or status information.]

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 the enforcement of this section except to the extent permitted by the United States or Arizona constitution.

DC.  A person who is sentenced pursuant to this section is not eligible for suspension or commutation of sentence or release on any basis until the sentence imposed is served.

ED.  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.  This section does not apply to a person who maintains authorization from the federal government to remain in the United States.

G.  A violation of this section is a class 1 misdemeanor, except that a violation of this section is:

1.  A class 3 felony if the person violates this section while in possession of any of the following:

(a)  A dangerous drug as defined in section 13-3401.
(b)  Precursor chemicals that are used in the manufacturing of methamphetamine in violation of section 13-3404.01.
(c)  A deadly weapon or a dangerous instrument, as defined in section 13-105.
(d)  Property that is used for the purpose of committing an act of terrorism as prescribed in section 13-2308.01.

2.  A class 4 felony if the person either:

(a)  Is convicted of a second or subsequent violation of this section.
(b)  Within sixty months before the violation, has been removed from the United States pursuant to 8 United States Code section 1229a or has accepted a voluntary removal from the United States pursuant to 8 United States Code section 1229c.

H.  A violation of this section is a class 1 misdemeanor, except that the maximum fine is one hundred dollars and for a first violation of this section is: the court shall not sentence the person to more than twenty days in jail and for a second or subsequent violation the court shall not sentence the person to more than thirty days in jail.

1.  A class 3 felony if the person violates this section while in possession of any of the following:

(a)  A dangerous drug as defined in section 13-3401.
(b)  Precursor chemicals that are used in the manufacturing of methamphetamine in violation of section 13-3404.01.
(c)  A deadly weapon or a dangerous instrument, as defined in section 13-105.
(d)  Property that is used for the purpose of committing an act of terrorism as prescribed in section 13-2308.01.

2.  A class 4 felony if the person either:

(a)  Is convicted of a second or subsequent violation of this section.
(b)  Within sixty months before the violation, has been removed from the United States pursuant to 8 United States Code section 1229a or has accepted a voluntary removal from the United States pursuant to 8 United States Code section 1229c.

See the text of the entire Senate Bill 1070.