Text of New Arizona Revised Statutes Sections 13-2319.E, 13-2928 and 13-2929 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 3 and in:

13-2319. Smuggling; classification; definitions

E.  Notwithstanding any other law, 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 and this section.

13-2928.  Unlawful stopping to hire and pick up passengers for work; unlawful application, solicitation or employment; classification; definitions

A.  It is unlawful for an occupant of a motor vehicle that is stopped on a street, roadway or highway to attempt to hire or hire and pick up passengers for work at a different location if the motor vehicle blocks or impedes the normal movement of traffic.

B.  It is unlawful for a person to enter a motor vehicle that is stopped on a street, roadway or highway in order to be hired by an occupant of the motor vehicle and to be transported to work at a different location if the motor vehicle blocks or impedes the normal movement of traffic.

C.  It is unlawful for a person who is unlawfully present in the United States and who is an unauthorized alien to knowingly apply for work, solicit work in a public place or perform work as an employee or independent contractor in this state.

D.  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.

E.  In the enforcement 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).

FD.  A violation of this section is a class 1 misdemeanor.

GE.  For the purposes of this section:

1.  “Solicit” means verbal or nonverbal communication by a gesture or a nod that would indicate to a reasonable person that a person is willing to be employed.

2.  “Unauthorized alien” means an alien who does not have the legal right or authorization under federal law to work in the United States as described in 8 United States Code section 1324a(h)(3) [KEYTLaw Comment:  This subsection states, "As used in this section, the term “unauthorized alien” means, with respect to the employment of an alien at a particular time, that the alien is not at that time either (A) an alien lawfully admitted for permanent residence, or (B) authorized to be so employed by this chapter or by the Attorney General."].

13-2929.  Unlawful transporting, moving, concealing, harboring or shielding of unlawful aliens; vehicle impoundment; classification

A.  It is unlawful for a person who is in violation of a criminal offense to:

1.  Transport or move or attempt to transport or move an alien in this state in a means of transportation 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.
2.  Conceal, harbor or shield or attempt to conceal, harbor or shield an alien from detection in any place in this state, including any building or any means of transportation, 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.
3.  Encourage or induce an alien to come to or reside in this state if the person knows or recklessly disregards the fact that such coming to, entering or residing in this state is or will be in violation of law.

B.  A means of transportation that is used in the commission of a violation of this section is subject to mandatory vehicle immobilization or impoundment pursuant to section 28-3511 [KEYTLaw Comment:  When the new law become effective, the following new subsection A.4 will be added to section 28-3511:  "4.  The person is in violation of a criminal offense and is transporting, moving, concealing, harboring or shielding or attempting to transport, move, conceal, harbor or shield 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."].

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.

D.  In the enforcement 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).

EC.  This section does not apply to a child protective services worker acting in the worker’s official capacity or a person who is acting in the capacity of a first responder, an ambulance attendant or an emergency medical technician and who is transporting or moving an alien in this state pursuant to title 36, chapter 21.1.

FD.  A person who violates this section is guilty of a class 1 misdemeanor and is subject to a fine of at least one thousand dollars, except that a violation of this section that involves ten or more illegal aliens is a class 6 felony and the person is subject to a fine of at least one thousand dollars for each alien who is involved.

See the text of the entire Senate Bill 1070.