The start of the New Year also marks the start of a new legislative session in Arizona, as in many states around the country. The First Regular Session of Arizona’s 53rd Legislature opened on Monday, January 9th. So far, 1,144 bills, memorials, and resolutions have been introduced. Here’s an early look at some of the bills we’ve been working on.
Criminal Justice Reform
We are part of two bipartisan coalitions working on reforming our criminal justice system. One coalition is focusing this session on reducing recidivism, and has introduced a number of bills to accomplish this goal. For example, HB 2290 would allow people with criminal convictions, who under current law may be barred from receiving an occupational license necessary for employment, to receive an occupational license on a provisional basis, which will give them more opportunity to work. SB 1069 would allow people with low-level, non-violent felony convictions to expunge these convictions from their record. These bills will make it easier for people with criminal records to obtain meaningful employment, and therefore, make them less likely to reoffend. The other coalition is focused on reforming Arizona’s civil asset forfeiture laws. This coalition’s bill, HB 2477, will require increased reporting from law enforcement, raise the burden of proof required for forfeitures, and eliminate attorney fee provisions of the current law that prevent people from challenging forfeitures.
Immigrants’ Rights
So far this session we’ve been actively fighting bills—both new and old—that threaten the rights of immigrants. SB 1279, for example, would require immigrants convicted of crimes to serve longer prison sentences than citizens, and would make immigrants ineligible for parole, probation, or any type of early release. This bill has been introduced three years in a row, and this year we defeated it again. SB 1021 and HB 2086 would prevent the City of Phoenix from issuing a municipal identification card that would be available to immigrants. Finally, HB 2121 would place new requirements on local law enforcement agencies, including requiring compliance with immigration detainers (also called “ICE holds”), which the ACLU believes are unconstitutional violations of the Fourth Amendment.
Free Speech
Legislators have also introduced a number of bills threatening free speech rights. SB 1051 would criminalize homelessness by threatening criminal sanctions against people who solicit money near stoplights. SB 1422, the subject of much national attention, would chill the rights of speech and assembly by expanding the definition of “riot” and making it a racketeering crime. Finally, HB 2404 limits political speech by making it more difficult for Arizonans to collect signatures to place an initiative on the ballot.
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Bill |
Description |
Sponsor |
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Immigrants' Rights |
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SB 1021 |
Restricts cities' ability to issue an identification card
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Sen. Kavanagh (LD-23) |
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SB 1279 |
Requires undocumented immigrants convicted of a crime to serve their full sentence, which is not required of citizens, and prohibits immigrants’ participation in alternatives to incarceration
|
Sen. Smith (LD-11) |
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HB 2086 |
Prevents cities from issuing an identification card
|
Rep. Lawrence (LD-23) |
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HB 2121 |
Requires local law enforcement to engage in additional immigration enforcement
|
Rep. Thorpe (LD-6) |
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Reproductive Rights |
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SB 1367 |
Creates new regulations and requirements for when a fetus or embryo is “born alive,” removing discretion from doctors
|
Sen. Smith (LD-11) |
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Privacy and Technology |
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SB 1162 |
Requires continuous monitoring of all electronic activity of registered sex offenders
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Sen. Borrelli (LD-5) |
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SB 1342 |
Defines warrant requirements for the use of Stingray cellphone tracking devices
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Sen. Worsley (LD-25) |
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Disability Rights |
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SB 1198 |
Makes it more difficult to file an Arizona Disability Act claim against a business of public accommodation
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Sen. Kavanagh (LD-23) |
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HB2 504 |
Makes it more difficult to file an Arizona Disability Act claim against a business of public accommodation
|
Rep. Syms (LD-28) |
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Criminal Justice |
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SB 1067 |
Reduces the number of people sent back to prison on technical violations
|
Sen. Burges (LD-22) |
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SB 1069 |
Allows a person to remove low-level felonies from their record
|
Sen. Burges (LD-22) |
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SB 1071 |
Allows a person with a criminal record to receive an occupational license on a provisional basis
|
Sen. Burges (LD-22) |
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SB 1157 |
Simplifies the process for competency hearings in limited jurisdiction courts
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Sen. Borrelli (LD-5) |
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SB 1158 |
Gives judges discretion to mitigate fines and fees
|
Sen. Borrelli (LD-5) |
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SB 1160 |
Allows judges to place restrictions on drivers’ licenses instead of suspending them outright
|
Sen. Borrelli (LD-5) |
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SB 1163 |
Allows courts to determine if a defendant presents too great a risk to public safety to be released on bail
|
Sen. Borrelli (LD-5) |
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SB 1171 |
Reduces the percentage of a felony sentence that must be served
|
Sen. Allen (LD-6) |
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SB 1187 |
Increases penalties for crimes committed due to the victim’s political beliefs
|
Sen. Kavanagh (LD-23) |
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HB 2290 |
Allows a person with a criminal record to receive an occupational license on a provisional basis
|
Rep. Rivero (LD-21) |
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Free Speech |
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SB 1051 |
Further criminalizes panhandling
|
Sen. Kavanagh (LD-23) |
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SB 1142 |
Expands the definition of "riot" and makes it a racketeering crime
|
Sen. Borrelli (LD-5) |
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HB 2120 |
Restricts colleges and universities from teaching on social justice
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Rep. Thorpe (LD-6) |
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HB 2404 |
Makes it more difficult for citizens to gather signatures for ballot initiatives
|
Rep. Leach (LD-11) |
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LGBTQ Rights |
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SB 1199 |
Makes it more difficult for a person to legally change their name
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Sen. Kavanagh (LD-23) |
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HB 2294 |
Excludes gender confirmation surgery from AHCCCS coverage
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Rep. Kern (LD-21) |