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Posted: 3/14/2005 9:23:46 PM EDT
Gov Jack signed the bill today.

This is a good thing IMO.  
Link Posted: 3/15/2005 5:14:01 AM EDT
[#1]

Quoted:
Gov Jack signed the bill today.

This is a good thing.  



...true, but that and a $1.50 will get us a cup of coffee IF it doesn't have any teeth.

"You smuggled aliens.  You're a felon."

"Si.  Can I go home now?"

"Yes."

---three months later---

"You smuggled aliens.  You're a felon."

"Again?  Si.  Can I go home now..?"

.......and the process repeats itself again and again.

Mike
Link Posted: 3/15/2005 5:30:49 AM EDT
[#2]

Quoted:

Quoted:
Gov Jack signed the bill today.

This is a good thing.  



...true, but that and a $1.50 will get us a cup of coffee IF it doesn't have any teeth.

"You smuggled sliens.  You're a felon."

"Si.  Can I go home now?"

"Yes."

---three months later---

"You smuggled aliens.  You're a felon."

"Again?  Si.  Can I go home now..?"

.......and the process repeats itself again and again.

Mike



Ain't that the truth....
Link Posted: 3/15/2005 7:58:50 AM EDT
[#3]
Link Posted: 3/15/2005 8:06:08 AM EDT
[#4]
THANK GOODNESS!! I mis-read your thread title. For a second, I thought I was in deep sh!t for all of those illegals I like to snuggle.
Link Posted: 3/15/2005 8:36:07 AM EDT
[#5]
The BEST part of this bill is that MAY help with Citizens Arrest.

If one can articulate that a felony was committed in their presence they can arrest for it,  before this law was passed land owners had to rely on tresspassing statutes to make detentions on their property.

Now is is POSSIBLE (not reccomended) to make citizens arrests OFF of private property if you can point out the guide through his/her actions.

Again,  not likely or reccomended,   but just one more tool for the unpaid defenders of America.



Link Posted: 3/15/2005 9:42:51 AM EDT
[#6]
ya know.. it's not like it matters.. i'm sure the courts will find that it's unconstitutional to charge anyone with a felony for trying to bring an illegal here for a "better life".. remember prop 200?   just heard it on KFYI that illegals can STILL collect some bennifits.. so much for the will of the people huh?
Link Posted: 3/15/2005 9:55:19 AM EDT
[#7]

ya know.. it's not like it matters.. i'm sure the courts will find that it's unconstitutional to charge anyone with a felony for trying to bring an illegal here for a "better life".. remember prop 200? just heard it on KFYI that illegals can STILL collect some bennifits.. so much for the will of the people huh?


Courts and pandering politicos will ALWAYS be hurdles to getting this and any other worthwhile thing done.  That is no reason not to try to make positive changes IMO.

And to all the concerned spectators, try not to just sit back and watch,  at least make phone calls,  faxes etc.  

Support you local undocumented border patrol agent.  
Link Posted: 3/15/2005 9:57:22 AM EDT
[#8]
Link to the text of the bill? This law was needed 20 years ago.



Rep. Jonathan Paton, R-Tucson and a main sponsor of the legislation, said it specifically defines human traffickers and "coyotes" as those who profit from that activity.


Ok, if the above is true.....this is nothing but a feelgood bill. Proving profit will be next to impossible.
Link Posted: 3/15/2005 10:01:54 AM EDT
[#9]

Quoted:
This state needs more felons to fill all the prison projects slated to begin or already under construction.

I don't think, and I surely hope, that this will not be like the Federal "Catch and Release" programs which have done our Country so well, so far.

Don't ask me who is going to staff the prisons, since they can't even get enough staff to work at the Lewis complex in Buckeye.

PLUS, this bull-dyke alternative lifestyle Governess and her cronies running DOC (and every other state agency) into the ground with PC and micromanagement which has the average staff experience at Lewis down to....get this....6mos!!!

That's right, some of our most dangerous criminals are being watched over by persons with less than 6mos in their current jobs.

Sick. Another prison standoff just waiting to happen.

D.
AZEX



Therein lies a problem I've been trying to figure out for some time.  

We have overflowing prisons.

We're running out of space to warehouse criminals.

We're running short of prison guards.

What's the fix?  Money will help to build more prisons, but prisons need staff.  Money pays salaries, and that means we'll get more staff.  Money comes from taxes, which is something (RIGHTFULLY SO) that Arizonans dislike paying.

We could do catch-and-release, but the Mexican Government officially encourages illegal aliens through its policies, that ^%$#@! comic book, and by harassing Americans who try to safeguard the border.

There is no one simple answer-- I think it'll probably have to come from multiple angles.  Money IS NEEDED to give guards a pay increase to keep them working in dangerous holes populated by scum as well as to attract new/more guards.  We also need a government to tell Mexico and these liberal special-interest groups to take a long walk off a short cliff.

It's going to hurt everybody to give this a proper fix.  It's just a question of if we're willing to take some pain to make a real gain.  Like it or not, these border groups aren't even putting a dent in the situation.  I APPLAUD THEM FOR THEIR EFFORTS AND FOR MAKING A STAND.  But any REAL, PERMANENT action will need to come from our government- local, county, state, AND federal.

Mike
Link Posted: 3/15/2005 5:25:19 PM EDT
[#10]

Quoted:
This state needs more felons to fill all the prison projects slated to begin or already under construction.

I don't think, and I surely hope, that this will not be like the Federal "Catch and Release" programs which have done our Country so well, so far.

Don't ask me who is going to staff the prisons, since they can't even get enough staff to work at the Lewis complex in Buckeye.

PLUS, this bull-dyke alternative lifestyle Governess governor and her his cronies running DOC (and every other state agency) into the ground with PC and micromanagement which has the average staff experience at Lewis down to....get this....6mos!!!

That's right, some of our most dangerous criminals are being watched over by persons with less than 6mos in their current jobs.

Sick. Another prison standoff just waiting to happen.

D.
AZEX



fixed it for ya D, wouldn't want anyone to think I was sleeping on the job.
Link Posted: 3/15/2005 5:31:04 PM EDT
[#11]
To bad for her that Bush made it a Federal law a couple months ago according to a KFYI Host this morning.
Link Posted: 3/15/2005 5:42:33 PM EDT
[#12]
I was offered a 'job' the other day at a Circke K parking lot... Some guy (looked almost homeless) asked if I would 'run errands' to and from mexico (smuggle people), he said I would get paid anywhere from 1000 to 5000 dollars a head.....

He asked me this due to the fact that I drive a large truck (dodge 3500 long box).... I was so fucking enraged!

Do you guys think we will EVER get this shit under control?
Link Posted: 3/15/2005 6:00:33 PM EDT
[#13]

Quoted:
I was offered a 'job' the other day at a Circke K parking lot... Some guy (looked almost homeless) asked if I would 'run errands' to and from mexico (smuggle people), he said I would get paid anywhere from 1000 to 5000 dollars a head.....

He asked me this due to the fact that I drive a large truck (dodge 3500 long box).... I was so fucking enraged!

Do you guys think we will EVER get this shit under control?



Only if some bastard brings a bomb into this country and kills a few thousand Americans.  The the Government will really care about us!

I'm so PISSED!!!
Link Posted: 3/15/2005 6:17:52 PM EDT
[#14]

Quoted:

Quoted:
I was offered a 'job' the other day at a Circke K parking lot... Some guy (looked almost homeless) asked if I would 'run errands' to and from mexico (smuggle people), he said I would get paid anywhere from 1000 to 5000 dollars a head.....

He asked me this due to the fact that I drive a large truck (dodge 3500 long box).... I was so fucking enraged!

Do you guys think we will EVER get this shit under control?



Only if some bastard brings a bomb into this country and kills a few thousand Americans.  The the Government will really care about us!

I'm so PISSED!!!



They'd still forget about it after a couple months passed.
Link Posted: 3/15/2005 6:23:39 PM EDT
[#15]
Um, a few people flew passanger jets into buildings and the only thing that changed was another patch on the uniform shirts and the new badge looks really gay now.  The Border Patrol still has their hands tied and nothing has changed except the amount of people they catch, it goes up and up every year.  

I haven't seen it yet but, this is a STATE law.  Which means local cops or DPS will have to charge the smuggler, and they are already busy.  

Yes I hope something more is done on the federal level I am sick of getting run over.
Link Posted: 3/15/2005 6:38:50 PM EDT
[#16]
State of Arizona
 Senate
 Forty-seventh
 Legislature
 First Regular Session
 2005
--------------------------
    SENATE BILL 1372
--------------------------


AN ACT


AMENDING SECTION 13-604.01, ARIZONA REVISED STATUTES; AMENDING TITLE 13, CHAPTER 13, ARIZONA REVISED STATUTES, BY ADDING SECTIONS 13-1306, 13-1307, 13-1308 AND 13-1309; AMENDING TITLE 13, CHAPTER 23, ARIZONA REVISED STATUTES, BY ADDING SECTION 13-2319; RELATING TO HUMAN TRAFFICKING.



(TEXT OF BILL BEGINS ON NEXT PAGE)



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

Section 1. Section 13-604.01, Arizona Revised Statutes, is amended to read:

13-604.01. Dangerous crimes against children; sentences; definitions

A. A person who is at least eighteen years of age and who stands convicted of a dangerous crime against children in the first degree involving sexual assault of a minor who is twelve years of age or younger or sexual conduct with a minor who is twelve years of age or younger shall be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the person has served thirty-five years or the sentence is commuted. This subsection does not apply to masturbatory contact.

B. Except as otherwise provided in this section, a person who is at least eighteen years of age or who has been tried as an adult and who stands convicted of a dangerous crime against children in the first degree involving attempted first degree murder of a minor who is under twelve years of age or second degree murder of a minor who is under twelve years of age or sexual assault of a minor who is under twelve years of age or sexual conduct with a minor who is under twelve years of age may be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the person has served thirty-five years or the sentence is commuted. If a life sentence is not imposed pursuant to this subsection, the person shall be sentenced to a presumptive term of imprisonment for twenty years.

C. Except as otherwise provided in this section, a person who is at least eighteen years of age or who has been tried as an adult and who stands convicted of a dangerous crime against children in the first degree involving attempted first degree murder of a minor who is twelve, thirteen or fourteen years of age, second degree murder of a minor who is twelve, thirteen or fourteen years of age, sexual assault of a minor who is twelve, thirteen or fourteen years of age, taking a child for the purpose of prostitution, child prostitution, sexual conduct with a minor who is twelve, thirteen or fourteen years of age or continuous sexual abuse of a child or involving or using minors in drug offenses shall be sentenced to a presumptive term of imprisonment for twenty years. If the convicted person has been previously convicted of one predicate felony the person shall be sentenced to a presumptive term of imprisonment for thirty years.

D. Except as otherwise provided in this section, a person who is at least eighteen years of age or who has been tried as an adult and who stands convicted of a dangerous crime against children in the first degree involving aggravated assault, molestation of a child, commercial sexual exploitation of a minor, sexual exploitation of a minor, child abuse or kidnapping shall be sentenced to a presumptive term of imprisonment for seventeen years. If the convicted person has been previously convicted of one predicate felony the person shall be sentenced to a presumptive term of imprisonment for twenty-eight years.

E. Except as otherwise provided in this section, a person who is at least eighteen years of age or who has been tried as an adult and who stands convicted of a dangerous crime against children involving sexual abuse under section 13-1404 is guilty of a class 3 felony and shall be sentenced to a presumptive term of imprisonment for five years, and unless the person has previously been convicted of a predicate felony, the presumptive term may be increased or decreased by up to two and one-half years pursuant to section 13-702, subsections B, C, AND D and E. If the person is sentenced to a term of imprisonment the person is not eligible for release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted. If the convicted person has been previously convicted of one predicate felony the person shall be sentenced to a presumptive term of imprisonment for fifteen years and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

F. The presumptive sentences prescribed in subsections B, C and D of this section or subsection E of this section if the person has previously been convicted of a predicate felony may be increased or decreased by up to seven years pursuant to the provisions of section 13-702, subsections B, C and D.

G. Except as provided in subsection E of this section, a person sentenced for a dangerous crime against children in the first degree pursuant to this section is not eligible for suspension of sentence, probation, pardon, or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted.

H. A person who stands convicted of any dangerous crime against children in the first degree pursuant to subsection C or D of this section having been previously convicted of two or more predicate felonies shall be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the person has served not fewer than thirty-five years or the sentence is commuted.

I. Notwithstanding chapter 10 of this title, a person who is at least eighteen years of age or who has been tried as an adult and who stands convicted of a dangerous crime against children in the second degree pursuant to subsection C or D of this section or luring a minor for sexual exploitation pursuant to section 13-3554 is guilty of a class 3 felony and shall be sentenced to a presumptive term of imprisonment for ten years. The presumptive term may be increased or decreased by up to five years pursuant to section 13-702, subsections B, C and D. If the person is sentenced to a term of imprisonment the person is not eligible for release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted. A person who is convicted of any dangerous crime against children in the second degree having been previously convicted of one or more predicate felonies is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

J. Section 13-604, subsections M and O apply to the determination of prior convictions.

K. The sentence imposed on a person by the court for a dangerous crime against children under subsection D of this section involving child molestation or sexual abuse pursuant to subsection E of this section may be served concurrently with other sentences if the offense involved only one victim. The sentence imposed on a person for any other dangerous crime against children in the first or second degree shall be consecutive to any other sentence imposed on the person at any time, including child molestation and sexual abuse of the same victim.

L. In FOR THE PURPOSES OF this section:

1. "Dangerous crime against children" means any of the following that is committed against a minor who is under fifteen years of age:

(a) Second degree murder.

(b) Aggravated assault resulting in serious physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.

(c) Sexual assault.

(d) Molestation of a child.

(e) Sexual conduct with a minor.

(f) Commercial sexual exploitation of a minor.

(g) Sexual exploitation of a minor.

(h) Child abuse as prescribed in section 13-3623, subsection A, paragraph 1.

(i) Kidnapping.

(j) Sexual abuse.

(k) Taking a child for the purpose of prostitution as defined in section 13-3206.

(l) Child prostitution as defined in section 13-3212.

(m) Involving or using minors in drug offenses.

(n) Continuous sexual abuse of a child.

(o) Attempted first degree murder.

(p) SEX TRAFFICKING.

A dangerous crime against children is in the first degree if it is a completed offense and is in the second degree if it is a preparatory offense, except attempted first degree murder is a dangerous crime against children in the first degree.

2. "Predicate felony" means any felony involving child abuse pursuant to section 13-3623, subsection A, paragraph 1, a sexual offense, conduct involving the intentional or knowing infliction of serious physical injury or the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument, or a dangerous crime against children in the first or second degree.

Sec. 2. Title 13, chapter 13, Arizona Revised Statutes, is amended by adding sections 13-1306, 13-1307, 13-1308 and 13-1309, to read:

13-1306. Unlawfully obtaining labor or services; classification

A. IT IS UNLAWFUL FOR A PERSON TO KNOWINGLY OBTAIN THE LABOR OR SERVICES OF ANOTHER PERSON BY DOING ANY OF THE FOLLOWING:

1. CAUSING OR THREATENING TO CAUSE BODILY INJURY TO THAT PERSON OR ANOTHER PERSON.

2. RESTRAINING OR THREATENING TO RESTRAIN THAT PERSON OR ANOTHER PERSON WITHOUT LAWFUL AUTHORITY AND AGAINST THAT PERSON'S WILL.

3. WITHHOLDING THAT PERSON'S GOVERNMENTAL RECORDS, IDENTIFYING INFORMATION OR OTHER PERSONAL PROPERTY.

B. A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A CLASS 4 FELONY.

13-1307. Sex trafficking; classification

A. IT IS UNLAWFUL FOR A PERSON TO KNOWINGLY RECRUIT, ENTICE, HARBOR, TRANSPORT, PROVIDE OR OBTAIN BY ANY MEANS ANOTHER PERSON WITH THE INTENT OF CAUSING THE OTHER PERSON TO ENGAGE IN PROSTITUTION BY FORCE, FRAUD OR COERCION.

B. A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A CLASS 2 FELONY, EXCEPT THAT, IF THE OFFENSE IS COMMITTED AGAINST A PERSON WHO IS UNDER FIFTEEN YEARS OF AGE, THE OFFENSE IS A DANGEROUS CRIME AGAINST CHILDREN PUNISHABLE PURSUANT TO SECTION 13-604.01.

13-1308. Trafficking of persons for forced labor or services; classification; definitions

A. IT IS UNLAWFUL FOR A PERSON TO EITHER:

1. KNOWINGLY TRAFFIC ANOTHER PERSON WITH THE INTENT TO OR KNOWLEDGE THAT THE OTHER PERSON WILL BE SUBJECT TO FORCED LABOR OR SERVICES.

2. KNOWINGLY BENEFIT, FINANCIALLY OR BY RECEIVING ANYTHING OF VALUE, FROM PARTICIPATION IN A VENTURE THAT HAS ENGAGED IN AN ACT IN VIOLATION OF SECTION 13-1306, SECTION 13-1307 OR THIS SECTION.

B. A VIOLATION OF THIS SECTION IS A CLASS 2 FELONY.

C. FOR THE PURPOSES OF THIS SECTION:

1. "FORCED LABOR OR SERVICES" MEANS LABOR OR SERVICES THAT ARE PERFORMED OR PROVIDED BY ANOTHER PERSON AND THAT ARE OBTAINED THROUGH A PERSON'S EITHER:

(a) CAUSING OR THREATENING TO CAUSE SERIOUS PHYSICAL INJURY TO ANY PERSON.

(b) RESTRAINING OR THREATENING TO PHYSICALLY RESTRAIN ANOTHER PERSON.

(c) WITHHOLDING FROM ANOTHER PERSON THAT PERSON'S GOVERNMENT RECORDS, IDENTIFYING INFORMATION OR PERSONAL PROPERTY.

2. "TRAFFIC" MEANS TO TRANSPORT ANOTHER PERSON OR TO ENTICE, RECRUIT, HARBOR, PROVIDE OR OTHERWISE OBTAIN ANOTHER PERSON FOR TRANSPORT BY DECEPTION, COERCION OR FORCE.

13-1309. Restitution

THE COURT SHALL ORDER RESTITUTION FOR ANY VIOLATION OF SECTION 13-1306, 13-1307 OR 13-1308, INCLUDING THE GREATER OF EITHER THE GROSS INCOME OR VALUE TO THE DEFENDANT OF THE VICTIM'S LABOR OR SERVICES OR THE VALUE OF THE VICTIM'S LABOR AS GUARANTEED UNDER THE MINIMUM WAGE AND OVERTIME PROVISIONS OF THE FAIR LABOR STANDARDS ACT OF 1938 (52 STAT. 1060; 29 UNITED STATES CODE SECTIONS 201 THROUGH 219).

Sec. 3. Title 13, chapter 23, Arizona Revised Statutes, is amended by adding section 13-2319, to read:

13-2319. Smuggling; classification; definition

A. IT IS UNLAWFUL FOR A PERSON TO INTENTIONALLY ENGAGE IN THE SMUGGLING OF HUMAN BEINGS FOR PROFIT OR COMMERCIAL PURPOSE.

B. A VIOLATION OF THIS STATUTE IS A CLASS 4 FELONY.

C. FOR THE PURPOSES OF THIS SECTION "SMUGGLING OF HUMAN BEINGS" MEANS THE TRANSPORTATION OR PROCUREMENT OF TRANSPORTATION BY A PERSON OR AN ENTITY THAT KNOWS OR HAS REASON TO KNOW THAT THE PERSON OR PERSONS TRANSPORTED OR TO BE TRANSPORTED ARE NOT UNITED STATES CITIZENS, PERMANENT RESIDENT ALIENS OR PERSONS OTHERWISE LAWFULLY IN THIS STATE.
Link Posted: 3/15/2005 7:58:02 PM EDT
[#17]

Quoted:
THANK GOODNESS!! I mis-read your thread title. For a second, I thought I was in deep sh!t for all of those illegals I like to snuggle.




I think that's the problem..Too many are being coddled and snuggled with by our governess...

Doesn't CCA Prison in Florence house only American Samoans, Guamanians, and Hawaiians? (Islanders)
Link Posted: 3/15/2005 8:23:28 PM EDT
[#18]
quote]

Doesn't CCA Prison in Florence house only American Samoans, Guamanians, and Hawaiians? (Islanders)

nope.. drove by once and saw some honkeys white boys , and a couple brothers brothas of our african decended brethren...
Link Posted: 3/15/2005 10:18:06 PM EDT
[#19]
This law is useless...


Will BP haul them in on state charges?  nope.
Will cops and the SO start dealing w/ the BP's problem.

Nope.

-luke
Link Posted: 3/16/2005 2:52:44 PM EDT
[#20]
+1 Luke
but its not a matter of will the BP hual them in on state charges the BP CAN'T enforce state law.  If we could there would be alot more speeding tickets issued, and DPS and local authorities want NOTHING to do with immigration.  If a reference is needed look at Cochise County.
Link Posted: 3/16/2005 7:05:47 PM EDT
[#21]
I'm very aware of the situation.  I live there.  
I wish the problem would be solved but we know it's not going to.

-Luke
Link Posted: 3/17/2005 4:24:53 PM EDT
[#22]
Where in CC I live in Bisbee but moving to SV.
Link Posted: 3/17/2005 8:20:20 PM EDT
[#23]
looking for land now.. just renting for the time being.
-luke
Link Posted: 3/17/2005 8:30:35 PM EDT
[#24]

Quoted:

Quoted:

Quoted:
Gov Jack signed the bill today.

This is a good thing.  



...true, but that and a $1.50 will get us a cup of coffee IF it doesn't have any teeth.

"You smuggled sliens.  You're a felon."

"Si.  Can I go home now?"

"Yes."


---three months later---

"You smuggled aliens.  You're a felon."

"Again?  Si.  Can I go home now..?"

.......and the process repeats itself again and again.

Mike



Ain't that the truth....


No.  Here is how it goes.  Are you smuggling aliens?  No sir, I just picked up these poor tired hitch hikers and am driving them to town for water.  No prosecution.  No conviction.  Happens every day.  The new bill will have no affect.
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