Bill Text: AZ SB1290 | 2014 | Fifty-first Legislature 2nd Regular | Introduced
Bill Title: Federal search; seizure; sheriff; permission
Spectrum: Partisan Bill (Republican 32-0)
Status: (Introduced - Dead) 2014-03-03 - Senate RULES Committee action: Failed To Pass, voting: (2-4-1-0) [SB1290 Detail]
Download: Arizona-2014-SB1290-Introduced.html
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REFERENCE TITLE: federal search; seizure; sheriff; permission |
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State of Arizona Senate Fifty-first Legislature Second Regular Session 2014
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SB 1290 |
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Introduced by Senators Burges, Crandell, Farnsworth D; Representatives Borrelli, Forese, Gowan, Livingston, Seel, Smith, Stevens, Thorpe, Townsend: Senators Biggs, Griffin, Melvin, Murphy, Pierce, Reagan, Shooter, Ward; Representatives Barton, Boyer, Fann, Farnsworth E, Gray, Lesko, Lovas, Mitchell, Montenegro, Olson, Petersen, Ugenti
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AN ACT
Amending Title 11, chapter 3, article 2, Arizona Revised Statutes, by adding section 11-453; relating to county sheriffs.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 11, chapter 3, article 2, Arizona Revised Statutes, is amended by adding section 11-453, to read:
11-453. Required notice to county sheriff of federal law enforcement actions
A. The county sheriff is the senior and most authoritative law enforcement officer in the county. The primary duties of the sheriff are to preserve the peace in the county and to protect the liberties of the county's residents.
B. A federal employee who is not certified as a peace officer in this state pursuant to section 13-3875 may not make an arrest, search or seizure in this state without written permission from the sheriff or sheriff's designee of the county in which the arrest, search or seizure will occur unless any of the following applies:
1. The arrest, search or seizure takes place on a federal enclave for which this state has ceded jurisdiction to the United States of America.
2. The federal employee witnesses the commission of a crime the nature of which requires an immediate arrest.
3. The federal employee enters this state in close pursuit of a person in order to arrest that person, as long as the arrest is under any circumstances set forth in section 13-3833 and the federal employee brings the person arrested before a magistrate for a hearing.
4. The federal employee is a customs and border protection officer or an immigration and customs enforcement officer.
C. The sheriff or sheriff's designee may refuse permission for any reason that the sheriff or sheriff's designee considers sufficient.
D. If a federal employee intends to arrest, search or seize an employee of the sheriff's office or an elected county or state officer, the federal employee shall obtain written permission from the attorney general instead of from the county sheriff. The Federal employee does not have to request written permission from the attorney general if the resulting delay in obtaining the permission would probably cause serious harm to an individual or to a community, or would probably cause the intended subject of the arrest, search or seizure to flee in order to avoid prosecution. The attorney general may refuse permission for any reason that the attorney general considers sufficient.
E. If a federal employee has probable cause to believe that the subject of an arrest, search or seizure has a close connection with the sheriff and is likely to be informed of the impending arrest, search or seizure, the federal employee shall obtain written permission from the attorney general instead of from the county sheriff. The request for written permission must include a written statement, under oath, describing the federal employee's probable cause. The attorney general may refuse permission for any reason that the attorney general considers sufficient.
F. A permission request to the sheriff or attorney general may be in letter form, either typed or handwritten, and must contain:
1. The name of the subject of the arrest, search or seizure.
2. A clear statement of probable cause for the arrest, search or seizure or provide a federal arrest, search or seizure warrant that contains a clear statement of probable cause.
3. A description of specific assets, if any, that the federal employee intends to search or seize.
4. The date, time and location of the intended arrest, search or seizure.
G. To constitute valid written permission, the sheriff, sheriff's designee or attorney general must countersign the permission request. The permission is valid for forty-eight hours after it is signed. The sheriff or attorney general shall keep a copy of the permission request on file.
H. The county attorney shall prosecute an individual who violates subsection B of this section for:
1. Kidnapping, if an arrest or attempted arrest occurs.
2. Trespass, if a search or attempted search occurs.
3. Theft, if a seizure or attempted seizure occurs.
4. An applicable homicide offense, if loss of life occurs.
5. Any other applicable criminal offense in title 13.
I. The county attorney may not refuse to prosecute after the sheriff or sheriff's designee claims that a violation of subsection b of this section has occurred. Failure to abide by this mandate subjects the county attorney to recall by the voters and to prosecution by the attorney general for official misconduct.
J. Pursuant to the tenth amendment to the united states constitution and this state's compact with other compacting states, the legislature declares that any federal law purporting to give federal employees the authority of a county sheriff in this state is not recognized by this state, is specifically rejected by this state and is declared to be null, void and of no effect in this state.
