House Committee Gives Controversial Border Bill A Pass

House Committee Gives Controversial Border Bill A Pass

By Daniel Stefanski |

A controversial border proposal is making its way through the Arizona Legislature.

On Monday, the Arizona House Military and Public Safety Committee (MAPS) gave a green light to HB 2748, which “establishes penalties and enforcement against illegal border crossings,” according to the overview provided by the State House of Representatives. The proposal, which mirrors recent legislation out of Texas, has garnered the support of every Republican in the chamber, ensuring its likely passage out of the House – and possibly the Senate.

Arizona State Representative Joseph Chaplik, the sponsor of the bill, said, “Under the Biden administration, the consistent refusal to enforce our nation’s federal immigration laws has led to an unprecedented surge of illegal immigration across our southern border, constituting a historic invasion. Despite the legislature’s repeated calls for action, President Biden and Congress has failed to address this crisis. This dereliction of duty has allowed open-border policies to prevail, undermining the rule of law.”

According to the press release from the Arizona House of Representatives Republican Caucus, HB 2748 would do the following:

  • Establish a class 1 misdemeanor (or a class 6 felony for subsequent offenses) for individuals entering Arizona from a foreign country as aliens, except through legal ports of entry.
  • Impose a class 1 misdemeanor for aliens re-entering the U.S. through Arizona if they were previously deported, excluded, or left while a deportation or exclusion order was pending.
  • Elevate the offense to a class 3 felony if the alien was removed due to multiple drug misdemeanors, federal inadmissibility, terrorism involvement, or removal following a nonviolent crime.
  • Elevate the offense to a class 2 felony if the alien was removed after committing a felony.
  • Provide for an order of return for aliens violating the law, with failure to comply constituting a class 2 felony.
  • Grant immunity from civil liability for local and state government officials, employees, and contractors enforcing the law, with indemnification for civil actions under federal law.
  • Mandate the Arizona Attorney General to pursue all available remedies to recover federal reimbursements for state costs incurred due to illegal immigration.”

When HB 2748 passed the MAPS Committee, all eight Republicans voted in favor of the bill, and all seven Democrats voted against. Democrat State Representative Marcelino Quiñonez attacked the legislation, saying, “We know this bill is unconstitutional, but we are going through this exercise for talking points.”

On the Arizona Legislature’s Request to Speak system, a representative for Heritage Action for America signed in support of HB 2748; while representatives from the American Civil Liberties of Arizona, CHISPA Arizona, Living United for Change in Arizona, AZ National Organization for Women, and State Conference NAACP noted their opposition to the legislation.

Though Democrat Governor Katie Hobbs has ramped up her rhetoric against the border crisis in recent months, she is almost certain to veto HB 2748 should it clear both legislative chambers and reach her desk on the Ninth Floor of the Arizona Executive Tower. Hobbs and Republican lawmakers have been unable to come to any accord on border security proposals since the state entered a time of divided government in January 2023.

Despite this bill having no chance of becoming law in 2024 – or over the next two years, Representative Chaplik is pressing ahead with his efforts due to the dire state of the crisis at the border. Chaplik said, “The consequences are dire: an uncontrolled border presents both security and humanitarian crises. The surge in violence, coupled with the rampant smuggling of illegal drugs, weapons, and human beings, poses an imminent threat to our communities, our state, and the safety of innocent Americans. It is imperative that we act swiftly to secure our borders and restore order, safeguarding the integrity of our nation and protecting our citizens. Just as the State of Texas is defending itself, this bill will allow the State of Arizona to defend itself at the border.”

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.

Bill To Strengthen Laws Against Organized Retail Theft Is Advancing In Legislature

Bill To Strengthen Laws Against Organized Retail Theft Is Advancing In Legislature

By Daniel Stefanski |

Late last month, the Arizona State House Judiciary Committee approved, HB 2435, which was sponsored by Speaker Ben Toma. The bill would “require a person who is convicted of a third or subsequent organized retail theft offense to be sentenced as a category two repetitive offender in certain circumstances,” according to the overview provided by the chamber.

HB 2435 passed the committee along partisan voting lines – 6-3, with all Republicans voting to affirm the legislation.

Before the committee’s vote, Toma hosted a press conference outside of the state capitol with Maricopa County Attorney Rachel Mitchell, who announced her strong endorsement of the legislation. Mitchell took to the platform “X” to share an update from the event, writing, “Thank you, Rep. Ben Toma, for your help in combatting Organized Retail Crime. If you plan to commit this crime, plan to stay. In Maricopa County, we will prosecute retail theft!”

Toma added, “California may tolerate lawlessness, but my bill, HB 2435, will tell criminals that they’ll pay a heavy price for stealing. A big shout out to Rachel Mitchell and AZ Retailers for working with me on this important legislation!”

In the Arizona Legislature’s Request to Speak system, representatives from Quiktrip, AZ Retailers Association, Combined Law Enforcement Association of Arizona, AZ Food Marketing Alliance, AZ Association of Counties, and the Greater Phoenix Chamber of Commerce registered their support for the bill. Representatives from the AZ National Organization for Women, State Conference NAACP, Rural Arizona Action, ACLU of Arizona, and AZ Attorneys for Criminal Justice signed in to oppose the proposal.

The efforts to augment penalties for these organized retail theft crimes continue the state’s already strong reputation on this front. Arizona has an Organized Retail Crime Task Force, which commenced under former Attorney General Mark Brnovich’s administration and is housed in the State Attorney General’s Office.

In December 2021, Brnovich wrote an opinion piece for the Wall Street Journal, warning would-be criminals of his office’s efforts to investigate and prosecute these offenses – especially in the wake of the lawlessness in Arizona’s neighboring state to the west. He wrote, “As Arizona’s attorney general, I have refused to capitulate to the lawless mob…We expect our efforts will deter such theft and hope our task force becomes a model for California and other states.”

Current Attorney General Kris Mayes has continued to combat these crimes, including over the just-completed Christmas holiday. In December, her office announced that it had “seized thousands of cloned gift cards and other merchandise in partnership with the Arizona Retailers Association and with the help of law enforcement partners.” Mayes’ coalition also arrested eight people “as part of an alleged scheme to defraud retailers and consumers.” The first-term attorney general said, “The successful seizure of thousands of cloned cards and the arrest of several individuals reflects my office’s unwavering dedication to stopping organized retail theft across Arizona.”

Maricopa County Attorney Rachel Mitchell also has a strong presence against organized retail theft. In 2023, her office announced that it had made 354 bookings over these crimes, which was the most in the county since 2020. Additionally, in November 2023, Mitchell started a ‘Safe Shopping’ Campaign “to stop this fast-growing category of lawlessness.” Mitchell said, “Here’s what I say to the thieves who commit these crimes: we will find you, you will be arrested, and we will prosecute you to the fullest extent of the law.”

The Maricopa County Attorney’s Office gives three tips to Arizonans to help them experience ‘safe shopping.’ Those include:

  • Be patient with retailers. While it might take an extra minute to get an item (decongestants, for example) from behind a locked display, it’s worth it. Know you’re doing your part to keep prices low and keep crooks at bay.
  • Never engage with thieves. If you’re suspicious, reach out to a store manager. Never confront a thief on your own.
  • Keep your personal items locked up. If you carry a handbag, keep it closed and close to you. If you leave purchases in your car between shopping stops, make sure that vehicle is locked up tight.

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.

Hobbs Signs Bipartisan Election Integrity Bill

Hobbs Signs Bipartisan Election Integrity Bill

By Daniel Stefanski |

A bipartisan effort to pass election reforms in Arizona succeeded last week.

After many failed times of attempting to approve election reform measures in Arizona under a divided government since the start of 2023, the Republican-led legislature and Democrat Governor Katie Hobbs came to an agreement on a crucial package. Late last week, the state house and senate passed HB 2785, and then the governor signed the legislation.

According to an overview provided by the Arizona House of Representatives, the bill is “an emergency measure that modifies certain procedures and deadlines related to the conduct of elections.” The significant provisions of the legislation, per the press release from the Arizona House, are as follows:

  • Robust legally binding signature verification standards in law for first time in Arizona.
  • Puts political parties on an equal playing field when curing ballots.
  • Promotes greater use of ID when voting early.
  • Ensures that Arizona’s overseas military will be able to vote, and Arizona’s electors will be delivered on time.

With the bipartisan agreement, Arizona’s primary election date will be moved up to July 30.

“Politics is the art of the possible, and when Republicans stick together, we can achieve the impossible, like getting Katie Hobbs to sign real election reforms into law,” said Representative Alexander Kolodin, sponsor of HB 2785. “Arizona’s voters can rest assured that the 2024 election will be more secure, free, and fair than those that have gone before.”

The Senate Elections Committee Chair, Senator Wendy Rogers, added, “”This legislation is a major win for Arizona voters and important in restoring voter confidence in election Integrity. After months of painstaking discussions among lawmakers, election experts, administrators, county officials, and the executive branch, I’m proud we were able to craft a commonsense solution that all 15 Arizona counties support. It will ensure our service members abroad will have their votes counted on election day, and moreover, it will enable us to accurately determine the winner sooner rather than later.”

Governor Hobbs also struck a triumphant tone in her statement when she signed the bill, saying, “With this bill, we are making sure every eligible Arizonan can have their voice heard at the ballot box. We protected voters’ rights, we kept the partisan priorities out, and we demonstrated to the country that democracy in our state is strong. Thank you to Republicans and Democrats in the legislature who put partisan politics aside to deliver this important victory for the people of Arizona.”

Arizona Secretary of State Adrian Fontes, also a Democrat, chimed in with his support of the package. Fontes said, “I am pleased to see Arizona’s bipartisan effort to pass House Bill 2785, keeping on-time ballot delivery for military and overseas voters and securing the state’s electoral votes for the 2024 presidential election. This legislation received overwhelming support across party lines and demonstrates Arizona’s commitment to fair and secure elections.”

The bill passed the state house with a 56-2 vote (with two vacant seats), and the senate with a 24-2 vote (with four members not voting).

Ironically, the consensus on these election reforms between legislative Republicans and statewide Democrats comes as both parties prepare to wage a legal fight in the courts over the Elections Procedures Manual that was produced by Secretary Fontes and greenlighted by Governor Hobbs and Attorney General Kris Mayes.

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.

Sen. Kerr Introduces Bill To Ensure Safety And Privacy For Women And Girls

Sen. Kerr Introduces Bill To Ensure Safety And Privacy For Women And Girls

By Daniel Stefanski |

An Arizona lawmaker is taking action to protect women across the state.

This week, Senator Sine Kerr introduced SB 1628, the Arizona Women’s Bill of Rights, which would “bring clarity and uniformity to state laws governing sex discrimination and equality of the sexes.”

The bill would define “sex” as a “person’s biological sex, either male or female, for all purposes of state law.” The proposal would also “preserve single-sex spaces to ensure girls’ and women’s safety and privacy in those spaces, while not changing current law or creating new restrictions on anyone’s legal rights.”

In a statement that accompanied the announcement, Senator Kerr said, “Laws should be based in objective reality and uniform for all Arizonans. Men and boys have been encroaching on girls’ and women’s private spaces, like locker rooms and showers, as well as sports teams, robbing women from athletic opportunities and putting them in danger as they face physically stronger males in competition. SB 1628 supports women and girls in their rights to privacy, fairness, and safety on the playing field.”

Kerr hosted a press conference at the Arizona Capitol to highlight her efforts. Paula Scanlan, a former University of Pennsylvania swimmer and current Independent Women’s Voice Ambassador, was at the event to support Kerr’s legislation. During her time in collegiate athletics, Scanlan “was forced to share a locker room and compete with a trans-identifying male swimmer.”

Scanlan also released a statement to endorse the Arizona Women’s Bill of Rights, writing, “I am happy to support the introduction of the Women’s Bill of Rights in Arizona. With more than 3.5 million women living in the state, this bill would have an incredible impact in providing scientifically-sound protections for women and their personal spaces. Having experienced firsthand the injustices of inviting males into women’s private areas and allowing them to steal athletic accolades from young ladies dedicating their lives to their chosen sports, I know the incredible importance of having legislation that stops these reckless new norms.”

Joining Kerr as co-sponsors of the bill were Senators Bennett, Bolick, Borrelli, Carroll, Gowan, Kavanagh, Mesnard, Petersen, Shamp, and Shope.

On the Arizona Legislature’s Request to Speak system, representatives from the Arizona Center for Women’s Advancement, NARAL Pro-Choice America, National Council of Jewish Women for Arizona, Stonewall Democrats of Arizona, and the Human Rights Campaign registered their opposition to the legislation.

SB 1628 has been assigned to the Senate Health and Human Services Committee and is expected to be heard next week.

“Girls and women deserve to be safe in the places where they are most vulnerable, and we have seen far too many examples of girls and women physically injured, relegated to the bench, and bumped off the winner’s podium by males competing as females,” added Senator Kerr.

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.

Sen. Wadsack’s Bill Seeks To Protect Arizonans From Harms Created By Artificial Intelligence

Sen. Wadsack’s Bill Seeks To Protect Arizonans From Harms Created By Artificial Intelligence

By Daniel Stefanski |

A bill to protect Arizonans from harms created by artificial intelligence technology is making its way through the state legislature.

This past week, State Senator Justine Wadsack announced that she had introduced SB 1599 “to prevent fraud (from artificial intelligence) from impacting the lives of her constituents. Wadsack’s proposal would “establish artificial intelligence as a weapon, so that there may be legal consequences when this technology is used to commit crimes.”

The bill would amend Section 13-701 of the Arizona Revised Statutes, which deals with “Sentence of imprisonment for felony; presentence report; aggravating and mitigating factors; consecutive terms of imprisonment.”

Under the amended statute, one of the aggravating circumstances for the court to consider, “use, threatened use or possession of a deadly weapon or dangerous instrument,” would include artificial intelligence.

In a statement, Wadsack explained why this issue was a priority of hers this legislative session, saying, “Artificial Intelligence technology is becoming more sophisticated, and criminals are taking advantage of it. Scammers now have the ability to create realistic audio that sounds like the voices of unsuspecting victims’ loved ones. Scottsdale resident Jennifer DeStefano testified on Capitol Hill in D.C. last year, shining a light on her disturbing experience with scammers cloning her daughter’s voice and demanding $1 million in ransom.”

Wadsack added, “I can’t imagine getting a call from who I believe is my child that’s been kidnapped. That type of encounter has lasting traumatizing effects that impact your sense of security and safety. Unfortunately, this isn’t an isolated incident. Having the legal tools to fight back is absolutely necessary.”

SB 1599 has been assigned to the Senate Committee on Transportation, Technology and Missing Children. The bill is expected to receive a hearing on Monday, February 12.

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.