I don't understand why we need the dream act. I read this guys paper in analytical writing yesterday about the facts of this law. I wish people would stop saying that we need it. Also has anyone actually read the Arizona immigration law? Or have we just been being told what to think again? It's actually really solid. Heres a link. 16 pages of dry boring stuff that most people don't support haven't even read. Oh yeah, and take diet pills cause they make you skinny, and smoking is good for you, and unprotected sex will never hurt you.
State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
SENATE BILL 1070
AN ACT
AMENDING TITLE 11, CHAPTER 7, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 8; AMENDING TITLE 13, CHAPTER 15, ARIZONA REVISED STATUTES, BY ADDING SECTION 13-1509; AMENDING SECTION 13-2319, ARIZONA REVISED STATUTES; AMENDING TITLE 13, CHAPTER 29, ARIZONA REVISED STATUTES, BY ADDING SECTIONS 13-2928 AND 13-2929; AMENDING SECTIONS 23-212, 23-212.01, 23-214 AND 28-3511, ARIZONA REVISED STATUTES; AMENDING TITLE 41, CHAPTER 12, ARTICLE 2, ARIZONA REVISED STATUTES, BY ADDING SECTION 41-1724; RELATING TO UNLAWFULLY PRESENT ALIENS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
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Be it enacted by the Legislature of the State of Arizona: Section 1. Intent
The legislature finds that there is a compelling interest in the cooperative enforcement of federal immigration laws throughout all of Arizona. The legislature declares that the intent of this act is to make attrition through enforcement the public policy of all state and local government agencies in Arizona. The provisions of this act are intended to work together to discourage and deter the unlawful entry and presence of aliens and economic activity by persons unlawfully present in the United States.
Sec. 2. Title 11, chapter 7, Arizona Revised Statutes, is amended by adding article 8, to read:
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11-1051.
ARTICLE 8. ENFORCEMENT OF IMMIGRATION LAWS
Cooperation and assistance in enforcement of immigration laws; indemnification
A. NO OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE MAY ADOPT A POLICY THAT LIMITS OR RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL EXTENT PERMITTED BY FEDERAL LAW.
B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE, WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).
C. IF AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES IS CONVICTED OF A VIOLATION OF STATE OR LOCAL LAW, ON DISCHARGE FROM IMPRISONMENT OR ASSESSMENT OF ANY FINE THAT IS IMPOSED, THE ALIEN SHALL BE TRANSFERRED IMMEDIATELY TO THE CUSTODY OF THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OR THE UNITED STATES CUSTOMS AND BORDER PROTECTION.
D. NOTWITHSTANDING ANY OTHER LAW, A LAW ENFORCEMENT AGENCY MAY SECURELY TRANSPORT AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES AND WHO IS IN THE AGENCY'S CUSTODY TO A FEDERAL FACILITY IN THIS STATE OR TO ANY OTHER POINT OF TRANSFER INTO FEDERAL CUSTODY THAT IS OUTSIDE THE JURISDICTION OF THE LAW ENFORCEMENT AGENCY.
E. A LAW ENFORCEMENT OFFICER, WITHOUT A WARRANT, MAY ARREST A PERSON IF THE OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT THE PERSON HAS COMMITTED ANY PUBLIC OFFENSE THAT MAKES THE PERSON REMOVABLE FROM THE UNITED STATES.
F. EXCEPT AS PROVIDED IN FEDERAL LAW, OFFICIALS OR AGENCIES OF THIS STATE AND COUNTIES, CITIES, TOWNS AND OTHER POLITICAL SUBDIVISIONS OF THIS STATE MAY NOT BE PROHIBITED OR IN ANY WAY BE RESTRICTED FROM SENDING, RECEIVING OR MAINTAINING INFORMATION RELATING TO THE IMMIGRATION STATUS OF ANY INDIVIDUAL OR EXCHANGING THAT INFORMATION WITH ANY OTHER FEDERAL, STATE OR LOCAL GOVERNMENTAL ENTITY FOR THE FOLLOWING OFFICIAL PURPOSES:
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1. DETERMINING ELIGIBILITY FOR ANY PUBLIC BENEFIT, SERVICE OR LICENSE PROVIDED BY ANY FEDERAL, STATE, LOCAL OR OTHER POLITICAL SUBDIVISION OF THIS STATE.
2. VERIFYING ANY CLAIM OF RESIDENCE OR DOMICILE IF DETERMINATION OF RESIDENCE OR DOMICILE IS REQUIRED UNDER THE LAWS OF THIS STATE OR A JUDICIAL ORDER ISSUED PURSUANT TO A CIVIL OR CRIMINAL PROCEEDING IN THIS STATE.
3. CONFIRMING THE IDENTITY OF ANY PERSON WHO IS DETAINED.
4. IF THE PERSON IS AN ALIEN, DETERMINING WHETHER THE PERSON IS IN COMPLIANCE WITH THE FEDERAL REGISTRATION LAWS PRESCRIBED BY TITLE II, CHAPTER 7 OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT.
G. A PERSON MAY BRING AN ACTION IN SUPERIOR COURT TO CHALLENGE ANY OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE THAT ADOPTS OR IMPLEMENTS A POLICY THAT LIMITS OR RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL EXTENT PERMITTED BY FEDERAL LAW. IF THERE IS A JUDICIAL FINDING THAT AN ENTITY HAS VIOLATED THIS SECTION, THE COURT SHALL ORDER ANY OF THE FOLLOWING:
1. THAT THE PERSON WHO BROUGHT THE ACTION RECOVER COURT COSTS AND ATTORNEY FEES.
2. THAT THE ENTITY PAY A CIVIL PENALTY OF NOT LESS THAN ONE THOUSAND DOLLARS AND NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH DAY THAT THE POLICY HAS REMAINED IN EFFECT AFTER THE FILING OF AN ACTION PURSUANT TO THIS SUBSECTION.
H. A COURT SHALL COLLECT THE CIVIL PENALTY PRESCRIBED IN SUBSECTION G AND REMIT THE CIVIL PENALTY TO THE DEPARTMENT OF PUBLIC SAFETY FOR DEPOSIT IN THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION FUND ESTABLISHED BY SECTION 41-1724.
I. A LAW ENFORCEMENT OFFICER IS INDEMNIFIED BY THE LAW ENFORCEMENT OFFICER'S AGENCY AGAINST REASONABLE COSTS AND EXPENSES, INCLUDING ATTORNEY FEES, INCURRED BY THE OFFICER IN CONNECTION WITH ANY ACTION, SUIT OR PROCEEDING BROUGHT PURSUANT TO THIS SECTION TO WHICH THE OFFICER MAY BE A PARTY BY REASON OF THE OFFICER BEING OR HAVING BEEN A MEMBER OF THE LAW ENFORCEMENT AGENCY, EXCEPT IN RELATION TO MATTERS IN WHICH THE OFFICER IS ADJUDGED TO HAVE ACTED IN BAD FAITH.
J. THIS SECTION SHALL BE IMPLEMENTED IN A MANNER CONSISTENT WITH FEDERAL LAWS REGULATING IMMIGRATION, PROTECTING THE CIVIL RIGHTS OF ALL PERSONS AND RESPECTING THE PRIVILEGES AND IMMUNITIES OF UNITED STATES CITIZENS.
Sec. 3. Title 13, chapter 15, Arizona Revised Statutes, is amended by adding section 13-1509, to read:
13-1509. Trespassing by illegal aliens; assessment; exception; classification
A. IN ADDITION TO ANY VIOLATION OF FEDERAL LAW, A PERSON IS GUILTY OF TRESPASSING IF THE PERSON IS BOTH:
1. PRESENT ON ANY PUBLIC OR PRIVATE LAND IN THIS STATE. 2. IN VIOLATION OF 8 UNITED STATES CODE SECTION 1304(e) OR 1306(a).
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B. IN THE ENFORCEMENT OF THIS SECTION, THE FINAL DETERMINATION OF AN ALIEN'S IMMIGRATION STATUS SHALL BE DETERMINED BY EITHER:
1. A LAW ENFORCEMENT OFFICER WHO IS AUTHORIZED BY THE FEDERAL GOVERNMENT TO VERIFY OR ASCERTAIN AN ALIEN'S IMMIGRATION STATUS.
2. A LAW ENFORCEMENT OFFICER OR AGENCY COMMUNICATING WITH THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OR THE UNITED STATES BORDER PROTECTION PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).
C. A PERSON WHO IS SENTENCED PURSUANT TO THIS SECTION IS NOT ELIGIBLE FOR SUSPENSION OR COMMUTATION OF SENTENCE OR RELEASE ON ANY BASIS UNTIL THE SENTENCE IMPOSED IS SERVED.
D. IN ADDITION TO ANY OTHER PENALTY PRESCRIBED BY LAW, THE COURT SHALL ORDER THE PERSON TO PAY JAIL COSTS AND AN ADDITIONAL ASSESSMENT IN THE FOLLOWING AMOUNTS:
1. AT LEAST FIVE HUNDRED DOLLARS FOR A FIRST VIOLATION.
2. TWICE THE AMOUNT SPECIFIED IN PARAGRAPH 1 OF THIS SUBSECTION IF THE PERSON WAS PREVIOUSLY SUBJECT TO AN ASSESSMENT PURSUANT TO THIS SUBSECTION. E. A COURT SHALL COLLECT THE ASSESSMENTS PRESCRIBED IN SUBSECTION D OF THIS SECTION AND REMIT THE ASSESSMENTS TO THE DEPARTMENT OF PUBLIC SAFETY, WHICH SHALL ESTABLISH A SPECIAL SUBACCOUNT FOR THE MONIES IN THE ACCOUNT ESTABLISHED FOR THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION APPROPRIATION. MONIES IN THE SPECIAL SUBACCOUNT ARE SUBJECT TO LEGISLATIVE APPROPRIATION FOR DISTRIBUTION FOR GANG AND IMMIGRATION ENFORCEMENT AND FOR COUNTY JAIL REIMBURSEMENT COSTS RELATING TO ILLEGAL
IMMIGRATION. F. THIS SECTION DOES NOT APPLY TO A PERSON WHO MAINTAINS AUTHORIZATION
FROM THE FEDERAL GOVERNMENT TO REMAIN IN THE UNITED STATES. G. A VIOLATION OF THIS SECTION IS A CLASS 1 MISDEMEANOR, EXCEPT THAT A
VIOLATION OF THIS SECTION IS: 1. A CLASS 3 FELONY IF THE PERSON VIOLATES THIS SECTION WHILE IN
POSSESSION OF ANY OF THE FOLLOWING: (a) A DANGEROUS DRUG AS DEFINED IN SECTION 13-3401. (b) PRECURSOR CHEMICALS THAT ARE USED IN THE MANUFACTURING OF
METHAMPHETAMINE IN VIOLATION OF SECTION 13-3404.01.
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(c) 13-105.
(d) TERRORISM
2. (a) (b)
A DEADLY WEAPON OR A DANGEROUS INSTRUMENT, AS DEFINED IN SECTION
PROPERTY THAT IS USED FOR THE PURPOSE OF COMMITTING AN ACT OF AS PRESCRIBED IN SECTION 13-2308.01. A CLASS 4 FELONY IF THE PERSON EITHER:
IS CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF THIS SECTION.
WITHIN SIXTY MONTHS BEFORE THE VIOLATION, HAS BEEN REMOVED FROM THE UNITED STATES PURSUANT TO 8 UNITED STATES CODE SECTION 1229a OR HAS ACCEPTED A VOLUNTARY REMOVAL FROM THE UNITED STATES PURSUANT TO 8 UNITED STATES CODE SECTION 1229c.
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Sec. 4. Section 13-2319, Arizona Revised Statutes, is amended to read: 13-2319. Smuggling; classification; definitions A. It is unlawful for a person to intentionally engage in the
smuggling of human beings for profit or commercial purpose.
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B.
C. section: 1. eighteen years of
A violation of this section is a class 4 felony. Notwithstanding subsection B of this section, a violation of this
Is a class 2 felony if the human being who is smuggled is under years of age and is not accompanied by a family member over eighteen age or the offense involved the use of a deadly weapon or dangerous
instrument. 2. Is a class 3 felony if the offense involves the use or threatened
use of deadly physical force and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any other basis except pursuant to section 31-233, subsection A or B until the sentence imposed by the court is served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.
D. Chapter 10 of this title does not apply to a violation of subsection C, paragraph 1 of this section.
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.
E. F. For the purposes of this section:
1. "Family member" means the person's parent, grandparent, sibling or any other person who is related to the person by consanguinity or affinity to the second degree.
2. "Procurement of transportation" means any participation in or facilitation of transportation and includes:
(a) Providing services that facilitate transportation including travel arrangement services or money transmission services.
(b) Providing property that facilitates transportation, including a weapon, a vehicle or other means of transportation or false identification, or selling, leasing, renting or otherwise making available a drop house as defined in section 13-2322.
3. "Smuggling of human beings" means the transportation, procurement of transportation or use of property or real property 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 or have attempted to enter, entered or remained in the United States in violation of law.
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Sec. 5. Title 13, chapter 29, Arizona Revised Statutes, is amended by adding sections 13-2928 and 13-2929, to read:
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 VIOLATION OF THIS SECTION IS A CLASS 1 MISDEMEANOR. E. 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).
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.
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1 C. A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A CLASS 1 2 MISDEMEANOR AND IS SUBJECT TO A FINE OF AT LEAST ONE THOUSAND DOLLARS, EXCEPT 3 THAT A VIOLATION OF THIS SECTION THAT INVOLVES TEN OR MORE ILLEGAL ALIENS IS 4 A CLASS 6 FELONY AND THE PERSON IS SUBJECT TO A FINE OF AT LEAST ONE THOUSAND 5 DOLLARS FOR EACH ALIEN WHO IS INVOLVED.
6 Sec. 6. Section 23-212, Arizona Revised Statutes, is amended to read: 7 23-212. Knowingly employing unauthorized aliens; prohibition; 8 false and frivolous complaints; violation; 9 classification; license suspension and revocation;
10 affirmative defense 11 A. An employer shall not knowingly employ an unauthorized alien. If, 12 in the case when an employer uses a contract, subcontract or other 13 independent contractor agreement to obtain the labor of an alien in this 14 state, the employer knowingly contracts with an unauthorized alien or with a 15 person who employs or contracts with an unauthorized alien to perform the 16 labor, the employer violates this subsection. 17 B. The attorney general shall prescribe a complaint form for a person 18 to allege a violation of subsection A of this section. The complainant shall 19 not be required to list the complainant's social security number on the 20 complaint form or to have the complaint form notarized. On receipt of a 21 complaint on a prescribed complaint form that an employer allegedly knowingly 22 employs an unauthorized alien, the attorney general or county attorney shall 23 investigate whether the employer has violated subsection A of this section. 24 If a complaint is received but is not submitted on a prescribed complaint 25 form, the attorney general or county attorney may investigate whether the 26 employer has violated subsection A of this section. This subsection shall 27 not be construed to prohibit the filing of anonymous complaints that are not 28 submitted on a prescribed complaint form. The attorney general or county 29 attorney shall not investigate complaints that are based solely on race, 30 color or national origin. A complaint that is submitted to a county attorney 31 shall be submitted to the county attorney in the county in which the alleged 32 unauthorized alien is or was employed by the employer. The county sheriff or 33 any other local law enforcement agency may assist in investigating a 34 complaint. When investigating a complaint, the attorney general or county 35 attorney shall verify the work authorization of the alleged unauthorized 36 alien with the federal government pursuant to 8 United States Code section 37 1373(c). A state, county or local official shall not attempt to 38 independently make a final determination on whether an alien is authorized to 39 work in the United States. An alien's immigration status or work 40 authorization status shall be verified with the federal government pursuant 41 to 8 United States Code section 1373(c). A person who knowingly files a 42 false and frivolous complaint under this subsection is guilty of a class 3 43 misdemeanor.
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1 C. If, after an investigation, the attorney general or county attorney 2 determines that the complaint is not false and frivolous: 3 1. The attorney general or county attorney shall notify the United 4 States immigration and customs enforcement of the unauthorized alien.
5 2. The attorney general or county attorney shall notify the local law 6 enforcement agency of the unauthorized alien. 7 3. The attorney general shall notify the appropriate county attorney 8 to bring an action pursuant to subsection D of this section if the complaint 9 was originally filed with the attorney general.
10 D. An action for a violation of subsection A of this section shall be 11 brought against the employer by the county attorney in the county where the 12 unauthorized alien employee is or was employed by the employer. The county 13 attorney shall not bring an action against any employer for any violation of 14 subsection A of this section that occurs before January 1, 2008. A second 15 violation of this section shall be based only on an unauthorized alien who is 16 or was employed by the employer after an action has been brought for a 17 violation of subsection A of this section or section 23-212.01, subsection A. 18 E. For any action in superior court under this section, the court 19 shall expedite the action, including assigning the hearing at the earliest 20 practicable date.
21 F. On a finding of a violation of subsection A of this section: 22 1. For a first violation, as described in paragraph 3 of this 23 subsection, the court: 24 (a) Shall order the employer to terminate the employment of all 25 unauthorized aliens. 26 (b) Shall order the employer to be subject to a three year 27 probationary period for the business location where the unauthorized alien 28 performed work. During the probationary period the employer shall file 29 quarterly reports in the form provided in section 23-722.01 with the county 30 attorney of each new employee who is hired by the employer at the business 31 location where the unauthorized alien performed work. 32 (c) Shall order the employer to file a signed sworn affidavit with the 33 county attorney within three business days after the order is issued. The 34 affidavit shall state that the employer has terminated the employment of all 35 unauthorized aliens in this state and that the employer will not 36 intentionally or knowingly employ an unauthorized alien in this state. The 37 court shall order the appropriate agencies to suspend all licenses subject to 38 this subdivision that are held by the employer if the employer fails to file 39 a signed sworn affidavit with the county attorney within three business days 40 after the order is issued. All licenses that are suspended under this 41 subdivision shall remain suspended until the employer files a signed sworn 42 affidavit with the county attorney. Notwithstanding any other law, on filing 43 of the affidavit the suspended licenses shall be reinstated immediately by 44 the appropriate agencies. For the purposes of this subdivision, the licenses 45 that are subject to suspension under this subdivision are all licenses that
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are held by the employer specific to the business location where the unauthorized alien performed work. If the employer does not hold a license specific to the business location where the unauthorized alien performed work, but a license is necessary to operate the employer's business in general, the licenses that are subject to suspension under this subdivision are all licenses that are held by the employer at the employer's primary place of business. On receipt of the court's order and notwithstanding any other law, the appropriate agencies shall suspend the licenses according to the court's order. The court shall send a copy of the court's order to the attorney general and the attorney general shall maintain the copy pursuant to subsection G of this section.
(d) May order the appropriate agencies to suspend all licenses described in subdivision (c) of this paragraph that are held by the employer for not to exceed ten business days. The court shall base its decision to suspend under this subdivision on any evidence or information submitted to it during the action for a violation of this subsection and shall consider the following factors, if relevant:
(i) The number of unauthorized aliens employed by the employer. (ii) Any prior misconduct by the employer. (iii) The degree of harm resulting from the violation.
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(iv) applicable
(v)
Whether the employer made good faith efforts to comply with any requirements. The duration of the violation.
(vi) in the violation.
The role of the directors, officers or principals of the employer
(vii) Any other factors the court deems appropriate.
2. For a second violation, as described in paragraph 3 of this subsection, the court shall order the appropriate agencies to permanently revoke all licenses that are held by the employer specific to the business location where the unauthorized alien performed work. If the employer does not hold a license specific to the business location where the unauthorized alien performed work, but a license is necessary to operate the employer's business in general, the court shall order the appropriate agencies to permanently revoke all licenses that are held by the employer at the employer's primary place of business. On receipt of the order and notwithstanding any other law, the appropriate agencies shall immediately revoke the licenses.
3. The violation shall be considered:
(a) A first violation by an employer at a business location if the violation did not occur during a probationary period ordered by the court under this subsection or section 23-212.01, subsection F for that employer's business location.
(b) A second violation by an employer at a business location if the violation occurred during a probationary period ordered by the court under
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1 this subsection or section 23-212.01, subsection F for that employer's 2 business location. 3 G. The attorney general shall maintain copies of court orders that are 4 received pursuant to subsection F of this section and shall maintain a 5 database of the employers and business locations that have a first violation 6 of subsection A of this section and make the court orders available on the 7 attorney general's website.
8 H. On determining whether an employee is an unauthorized alien, the
9 court shall consider only the federal government's determination pursuant to 10 8 United States Code section 1373(c). The federal government's determination 11 creates a rebuttable presumption of the employee's lawful status. The court 12 may take judicial notice of the federal government's determination and may 13 request the federal government to provide automated or testimonial 14 verification pursuant to 8 United States Code section 1373(c).
15 I. For the purposes of this section, proof of verifying the employment 16 authorization of an employee through the e-verify program creates a 17 rebuttable presumption that an employer did not knowingly employ an 18 unauthorized alien.
19 J. For the purposes of this section, an employer that establishes that 20 it has complied in good faith with the requirements of 8 United States Code 21 section 1324a(b) establishes an affirmative defense that the employer did not 22 knowingly employ an unauthorized alien. An employer is considered to have 23 complied with the requirements of 8 United States Code section 1324a(b), 24 notwithstanding an isolated, sporadic or accidental technical or procedural 25 failure to meet the requirements, if there is a good faith attempt to comply 26 with the requirements.
27 K. IT IS AN AFFIRMATIVE DEFENSE TO A VIOLATION OF SUBSECTION A OF THIS 28 SECTION THAT THE EMPLOYER WAS ENTRAPPED. TO CLAIM ENTRAPMENT, THE EMPLOYER 29 MUST ADMIT BY THE EMPLOYER'S TESTIMONY OR OTHER EVIDENCE THE SUBSTANTIAL 30 ELEMENTS OF THE VIOLATION. AN EMPLOYER WHO ASSERTS AN ENTRAPMENT DEFENSE HAS 31 THE BURDEN OF PROVING THE FOLLOWING BY CLEAR AND CONVINCING EVIDENCE:
32 1. 33 OFFICERS 34 2. 35 EMPLOYER 36 3. 37 LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE EMPLOYER TO 38 COMMIT THE VIOLATION.
39 L. AN EMPLOYER DOES NOT ESTABLISH ENTRAPMENT IF THE EMPLOYER WAS 40 PREDISPOSED TO VIOLATE SUBSECTION A OF THIS SECTION AND THE LAW ENFORCEMENT 41 OFFICERS OR THEIR AGENTS MERELY PROVIDED THE EMPLOYER WITH AN OPPORTUNITY TO 42 COMMIT THE VIOLATION. IT IS NOT ENTRAPMENT FOR LAW ENFORCEMENT OFFICERS OR 43 THEIR AGENTS MERELY TO USE A RUSE OR TO CONCEAL THEIR IDENTITY. THE CONDUCT 44 OF LAW ENFORCEMENT OFFICERS AND THEIR AGENTS MAY BE CONSIDERED IN DETERMINING 45 IF AN EMPLOYER HAS PROVEN ENTRAPMENT.
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THE IDEA OF COMMITTING THE VIOLATION STARTED WITH LAW ENFORCEMENT OR THEIR AGENTS RATHER THAN WITH THE EMPLOYER.
THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE TO COMMIT THE VIOLATION.
THE EMPLOYER WAS NOT PREDISPOSED TO COMMIT THE VIOLATION BEFORE THE
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1 Sec. 7. Section 23-212.01, Arizona Revised Statutes, is amended to 2 read:
3 23-212.01. 4 5 6
Intentionally employing unauthorized aliens; prohibition; false and frivolous complaints; violation; classification; license suspension and revocation; affirmative defense
7 A. An employer shall not intentionally employ an unauthorized alien. 8 If, in the case when an employer uses a contract, subcontract or other 9 independent contractor agreement to obtain the labor of an alien in this
10 state, the employer intentionally contracts with an unauthorized alien or 11 with a person who employs or contracts with an unauthorized alien to perform 12 the labor, the employer violates this subsection. 13 B. The attorney general shall prescribe a complaint form for a person 14 to allege a violation of subsection A of this section. The complainant shall 15 not be required to list the complainant's social security number on the 16 complaint form or to have the complaint form notarized. On receipt of a 17 complaint on a prescribed complaint form that an employer allegedly 18 intentionally employs an unauthorized alien, the attorney general or county 19 attorney shall investigate whether the employer has violated subsection A of 20 this section. If a complaint is received but is not submitted on a 21 prescribed complaint form, the attorney general or county attorney may 22 investigate whether the employer has violated subsection A of this section. 23 This subsection shall not be construed to prohibit the filing of anonymous 24 complaints that are not submitted on a prescribed complaint form. The 25 attorney general or county attorney shall not investigate complaints that are 26 based solely on race, color or national origin. A complaint that is 27 submitted to a county attorney shall be submitted to the county attorney in 28 the county in which the alleged unauthorized alien is or was employed by the 29 employer. The county sheriff or any other local law enforcement agency may 30 assist in investigating a complaint. When investigating a complaint, the 31 attorney general or county attorney shall verify the work authorization of 32 the alleged unauthorized alien with the federal government pursuant to 33 8 United States Code section 1373(c). A state, county or local official 34 shall not attempt to independently make a final determination on whether an 35 alien is authorized to work in the United States. An alien's immigration 36 status or work authorization status shall be verified with the federal 37 government pursuant to 8 United States Code section 1373(c). A person who 38 knowingly files a false and frivolous complaint under this subsection is 39 guilty of a class 3 misdemeanor.
40 C. If, after an investigation, the attorney general or county attorney 41 determines that the complaint is not false and frivolous: 42 1. The attorney general or county attorney shall notify the United 43 States immigration and customs enforcement of the unauthorized alien.
44 2. The attorney general or county attorney shall notify the local law 45 enforcement agency of the unauthorized alien.
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3. The attorney general shall notify the appropriate county attorney to bring an action pursuant to subsection D of this section if the complaint was originally filed with the attorney general.
D. An action for a violation of subsection A of this section shall be brought against the employer by the county attorney in the county where the unauthorized alien employee is or was employed by the employer. The county attorney shall not bring an action against any employer for any violation of subsection A of this section that occurs before January 1, 2008. A second violation of this section shall be based only on an unauthorized alien who is or was employed by the employer after an action has been brought for a violation of subsection A of this section or section 23-212, subsection A.
E. For any action in superior court under this section, the court shall expedite the action, including assigning the hearing at the earliest practicable date.
F. On a finding of a violation of subsection A of this section:
1. For a first violation, as described in paragraph 3 of this subsection, the court shall:
(a) Order the employer to terminate the employment of all unauthorized aliens.
(b) Order the employer to be subject to a five year probationary period for the business location where the unauthorized alien performed work. During the probationary period the employer shall file quarterly reports in the form provided in section 23-722.01 with the county attorney of each new employee who is hired by the employer at the business location where the unauthorized alien performed work.
(c) Order the appropriate agencies to suspend all licenses described in subdivision (d) of this paragraph that are held by the employer for a minimum of ten days. The court shall base its decision on the length of the suspension under this subdivision on any evidence or information submitted to it during the action for a violation of this subsection and shall consider the following factors, if relevant:
(i) The number of unauthorized aliens employed by the employer. (ii) Any prior misconduct by the employer. (iii) The degree of harm resulting from the violation.
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(iv) applicable
(v)
Whether the employer made good faith efforts to comply with any requirements. The duration of the violation.
(vi) in the violation.
The role of the directors, officers or principals of the employer
(vii) Any other factors the court deems appropriate.
(d) Order the employer to file a signed sworn affidavit with the county attorney. The affidavit shall state that the employer has terminated the employment of all unauthorized aliens in this state and that the employer will not intentionally or knowingly employ an unauthorized alien in this state. The court shall order the appropriate agencies to suspend all
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1 licenses subject to this subdivision that are held by the employer if the 2 employer fails to file a signed sworn affidavit with the county attorney 3 within three business days after the order is issued. All licenses that are 4 suspended under this subdivision for failing to file a signed sworn affidavit 5 shall remain suspended until the employer files a signed sworn affidavit with 6 the county attorney. For the purposes of this subdivision, the licenses that 7 are subject to suspension under this subdivision are all licenses that are 8 held by the employer specific to the business location where the unauthorized 9 alien performed work. If the employer does not hold a license specific to
10 the business location where the unauthorized alien performed work, but a 11 license is necessary to operate the employer's business in general, the 12 licenses that are subject to suspension under this subdivision are all 13 licenses that are held by the employer at the employer's primary place of 14 business. On receipt of the court's order and notwithstanding any other law, 15 the appropriate agencies shall suspend the licenses according to the court's 16 order. The court shall send a copy of the court's order to the attorney 17 general and the attorney general shall maintain the copy pursuant to 18 subsection G of this section.
19 2. For a second violation, as described in paragraph 3 of this 20 subsection, the court shall order the appropriate agencies to permanently 21 revoke all licenses that are held by the employer specific to the business 22 location where the unauthorized alien performed work. If the employer does 23 not hold a license specific to the business location where the unauthorized 24 alien performed work, but a license is necessary to operate the employer's 25 business in general, the court shall order the appropriate agencies to 26 permanently revoke all licenses that are held by the employer at the 27 employer's primary place of business. On receipt of the order and 28 notwithstanding any other law, the appropriate agencies shall immediately 29 revoke the licenses.
30 3. The violation shall be considered: 31 (a) A first violation by an employer at a business location if the 32 violation did not occur during a probationary period ordered by the court 33 under this subsection or section 23-212, subsection F for that employer's 34 business location. 35 (b) A second violation by an employer at a business location if the 36 violation occurred during a probationary period ordered by the court under 37 this subsection or section 23-212, subsection F for that employer's business 38 location. 39 G. The attorney general shall maintain copies of court orders that are 40 received pursuant to subsection F of this section and shall maintain a 41 database of the employers and business locations that have a first violation 42 of subsection A of this section and make the court orders available on the 43 attorney general's website. 44 H. On determining whether an employee is an unauthorized alien, the 45 court shall consider only the federal government's determination pursuant to
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8 United States Code section 1373(c). The federal government's determination creates a rebuttable presumption of the employee's lawful status. The court may take judicial notice of the federal government's determination and may request the federal government to provide automated or testimonial verification pursuant to 8 United States Code section 1373(c).
I. For the purposes of this section, proof of verifying the employment authorization of an employee through the e-verify program creates a rebuttable presumption that an employer did not intentionally employ an unauthorized alien.
J. For the purposes of this section, an employer that establishes that it has complied in good faith with the requirements of 8 United States Code section 1324a(b) establishes an affirmative defense that the employer did not intentionally employ an unauthorized alien. An employer is considered to have complied with the requirements of 8 United States Code section 1324a(b), notwithstanding an isolated, sporadic or accidental technical or procedural failure to meet the requirements, if there is a good faith attempt to comply with the requirements.
K. IT IS AN AFFIRMATIVE DEFENSE TO A VIOLATION OF SUBSECTION A OF THIS SECTION THAT THE EMPLOYER WAS ENTRAPPED. TO CLAIM ENTRAPMENT, THE EMPLOYER MUST ADMIT BY THE EMPLOYER'S TESTIMONY OR OTHER EVIDENCE THE SUBSTANTIAL ELEMENTS OF THE VIOLATION. AN EMPLOYER WHO ASSERTS AN ENTRAPMENT DEFENSE HAS THE BURDEN OF PROVING THE FOLLOWING BY CLEAR AND CONVINCING EVIDENCE:
THE IDEA OF COMMITTING THE VIOLATION STARTED WITH LAW ENFORCEMENT OR THEIR AGENTS RATHER THAN WITH THE EMPLOYER.
THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE TO COMMIT THE VIOLATION.
THE EMPLOYER WAS NOT PREDISPOSED TO COMMIT THE VIOLATION BEFORE THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE EMPLOYER TO COMMIT THE VIOLATION.
L. AN EMPLOYER DOES NOT ESTABLISH ENTRAPMENT IF THE EMPLOYER WAS PREDISPOSED TO VIOLATE SUBSECTION A OF THIS SECTION AND THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTS MERELY PROVIDED THE EMPLOYER WITH AN OPPORTUNITY TO COMMIT THE VIOLATION. IT IS NOT ENTRAPMENT FOR LAW ENFORCEMENT OFFICERS OR THEIR AGENTS MERELY TO USE A RUSE OR TO CONCEAL THEIR IDENTITY. THE CONDUCT OF LAW ENFORCEMENT OFFICERS AND THEIR AGENTS MAY BE CONSIDERED IN DETERMINING IF AN EMPLOYER HAS PROVEN ENTRAPMENT.
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1. OFFICERS 2. EMPLOYER 3.
Sec. 8.
23-214.
Section 23-214, Arizona Revised Statutes, is amended to read:
Verification of employment eligibility; e-verify program; economic development incentives; list of registered employers
A. shall verify the employment eligibility of the employee through the e-verify program AND SHALL KEEP A RECORD OF THE VERIFICATION FOR THE DURATION OF THE EMPLOYEE'S EMPLOYMENT OR AT LEAST THREE YEARS, WHICHEVER IS LONGER.
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After December 31, 2007, every employer, after hiring an employee,
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1 B. In addition to any other requirement for an employer to receive an 2 economic development incentive from a government entity, the employer shall 3 register with and participate in the e-verify program. Before receiving the 4 economic development incentive, the employer shall provide proof to the 5 government entity that the employer is registered with and is participating 6 in the e-verify program. If the government entity determines that the 7 employer is not complying with this subsection, the government entity shall 8 notify the employer by certified mail of the government entity's 9 determination of noncompliance and the employer's right to appeal the
10 determination. On a final determination of noncompliance, the employer shall 11 repay all monies received as an economic development incentive to the 12 government entity within thirty days of the final determination. For the 13 purposes of this subsection:
14 1. "Economic development incentive" means any grant, loan or 15 performance-based incentive from any government entity that is awarded after 16 September 30, 2008. Economic development incentive does not include any tax 17 provision under title 42 or 43.
18 2. "Government entity" means this state and any political subdivision 19 of this state that receives and uses tax revenues. 20 C. Every three months the attorney general shall request from the 21 United States department of homeland security a list of employers from this 22 state that are registered with the e-verify program. On receipt of the list 23 of employers, the attorney general shall make the list available on the 24 attorney general's website.
25 Sec. 9. Section 28-3511, Arizona Revised Statutes, is amended to read: 26 28-3511. Removal and immobilization or impoundment of vehicle 27 A. A peace officer shall cause the removal and either immobilization 28 or impoundment of a vehicle if the peace officer determines that a person is 29 driving the vehicle while any of the following applies:
30 1. The person's driving privilege is suspended or revoked for any 31 reason. 32 2. The person has not ever been issued a valid driver license or 33 permit by this state and the person does not produce evidence of ever having 34 a valid driver license or permit issued by another jurisdiction. This 35 paragraph does not apply to the operation of an implement of husbandry.
36 3. The person is subject to an ignition interlock device requirement 37 pursuant to chapter 4 of this title and the person is operating a vehicle 38 without a functioning certified ignition interlock device. This paragraph 39 does not apply to a person operating an employer's vehicle or the operation 40 of a vehicle due to a substantial emergency as defined in section 28-1464. 41 4. THE PERSON IS IN VIOLATION OF A CRIMINAL OFFENSE AND IS 42 TRANSPORTING, MOVING, CONCEALING, HARBORING OR SHIELDING OR ATTEMPTING TO 43 TRANSPORT, MOVE, CONCEAL, HARBOR OR SHIELD AN ALIEN IN THIS STATE IN A 44 VEHICLE IF THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE FACT THAT THE ALIEN 45 HAS COME TO, HAS ENTERED OR REMAINS IN THE UNITED STATES IN VIOLATION OF LAW.
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B. A peace officer shall cause the removal and impoundment of a vehicle if the peace officer determines that a person is driving the vehicle and if all of the following apply:
1. The person's driving privilege is canceled, suspended or revoked for any reason or the person has not ever been issued a driver license or permit by this state and the person does not produce evidence of ever having a driver license or permit issued by another jurisdiction.
2. The person is not in compliance with the financial responsibility requirements of chapter 9, article 4 of this title.
3. The person is driving a vehicle that is involved in an accident that results in either property damage or injury to or death of another person.
C. Except as provided in subsection D of this section, while a peace officer has control of the vehicle the peace officer shall cause the removal and either immobilization or impoundment of the vehicle if the peace officer has probable cause to arrest the driver of the vehicle for a violation of section 4-244, paragraph 34 or section 28-1382 or 28-1383.
D. A peace officer shall not cause the removal and either the immobilization or impoundment of a vehicle pursuant to subsection C of this section if all of the following apply:
1. The peace officer determines that the vehicle is currently registered and that the driver or the vehicle is in compliance with the financial responsibility requirements of chapter 9, article 4 of this title.
2. The spouse of the driver is with the driver at the time of the arrest.
3. The peace officer has reasonable grounds to believe that the spouse of the driver:
(a) Has a valid driver license.
(b) Is not impaired by intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances.
(c) Does not have any spirituous liquor in the spouse's body if the spouse is under twenty-one years of age.
4. The spouse notifies the peace officer that the spouse will drive the vehicle from the place of arrest to the driver's home or other place of safety.
5. The spouse drives the vehicle as prescribed by paragraph 4 of this subsection.
E. Except as otherwise provided in this article, a vehicle that is removed and either immobilized or impounded pursuant to subsection A, B or C of this section shall be immobilized or impounded for thirty days. An insurance company does not have a duty to pay any benefits for charges or fees for immobilization or impoundment.
F. The owner of a vehicle that is removed and either immobilized or impounded pursuant to subsection A, B or C of this section, the spouse of the
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owner and each person identified on the department's record with an interest in the vehicle shall be provided with an opportunity for an immobilization or poststorage hearing pursuant to section 28-3514.
Sec. 10. Title 41, chapter 12, article 2, Arizona Revised Statutes, is amended by adding section 41-1724, to read:
41-1724. Gang and immigration intelligence team enforcement mission fund
THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION FUND IS ESTABLISHED CONSISTING OF MONIES DEPOSITED PURSUANT TO SECTION 11-1051 AND MONIES APPROPRIATED BY THE LEGISLATURE. THE DEPARTMENT SHALL ADMINISTER THE FUND. MONIES IN THE FUND ARE SUBJECT TO LEGISLATIVE APPROPRIATION AND SHALL BE USED FOR GANG AND IMMIGRATION ENFORCEMENT AND FOR COUNTY JAIL REIMBURSEMENT COSTS RELATING TO ILLEGAL IMMIGRATION.
Sec. 11. Severability, implementation and construction
A. If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
B. The terms of this act regarding immigration shall be construed to have the meanings given to them under federal immigration law.
C. This act shall be implemented in a manner consistent with federal laws regulating immigration, protecting the civil rights of all persons and respecting the privileges and immunities of United States citizens.
Sec. 12. Short title
This act may be cited as the "Support Our Law Enforcement and Safe Neighborhoods Act".
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Tuesday, November 30, 2010
Tuesday, September 21, 2010
=-D
Math stinks because I don't always understand it. Just like gays stink to str8 people because they don't always understand them. Hmm...that would be a good paper to write huh? Hmm...time to leave cyberland,....diet coke diet coke diet coke....
Tuesday, September 14, 2010
When I was an android
Last night after a huge discussion in my analytical writing class I had a very vivid dream. I had a dream that I was an android. When I was a robot it was soo cool! In my temporary reality I was able to choose to become an android. It was one of the coolest things ever! Okay, well the process wasn’t, you had to willingly and without anesthesia go trough the procedure to have them remove your brain, there was no way to make you immortal because your brain only lives so long. The weird thing is that I died in my dream and was floating around watching them do the extraction and even saw them remove the skin from my body and skull! I finally was sucked into the android body and then awoke and began to see out of my new robot eyes. IT was AMAZING! There were colors that I had never seen before, ticker tapes with the latest news, infinite connections with the outside world! No one knew that they were doing these experiments on people yet and you had to leave through an underground/underwater subway but not speak as that would lead people to believe that you were not just a normal android that were walking around. It was explained to me that these “basic” androids had a very basic ai operating system. Much as in the movie AI they were used as slaves but also there were elements from the animatrix too where the androids were starting to rebel and become part of their own world. As I was leaving the facility there were people everywhere and one of my friends (the wife of the inventor/researcher) was going to say that I was a prototype given to her by the company,…yeah this is starting to sound like Irobot huh?...(who cares it was a dream!) Anyways,…as I was escaping into the wild I was caught up in a confrontation with a group of church ladies. They started talking about stuff that apparently I felt very strongly about. I broke my “robotic” silence which was a very grave mistake. Everyone started asking me questions and I couldn’t get away so I decided that I had to answer them. Everyone was “cooler” than I thought they would be. I even mentioned how this technology would be used for terminally ill people. Someone brought up the problem of brain cancer. I told everyone that a brain is necessary at this point in research and if newer developments come up the company would be more than willing to assist, especially if some people would donate themselves to science. I was thinking about jumping into the water and escaping but I quickly discovered that I was in an experimental body and that I had a cooling system in my leg that needed fresh air to be circulated otherwise I would overheat. I decided to go back and get a better body. They upgraded me with the newest experimental body and outfitted me with weapons to protect myself. I swam through the ocean and met a lot of sea animals. I finally woke up soooo happy,…I half expected the dream to be real,…until I stepped out of bed and had stupid meat feet!!! Okay the end.
Monday, August 16, 2010
roll on over
Yeah, let's just roll over when tha authority tells us something. im just in awe how since our last apt these parking permits changed...its like oh well...now i have a fucking visitors pass to park at my own apartment. now the person i came with is just like allowing everyone to walk alk over themselves...its like wtf...yeah just be a bitch and roll over. im disgusted how easy it was to screw him out of another parking pass! wtf...maybe im just upset or something...
Saturday, August 14, 2010
unbelievable...
Okay, so this seems to be a trending topic on facebook. I personally had 6 similar posts on facebook that were just worded differently. They all similarly posted that they wonder if people would try to get to know them if they were ugly and not just a hot slab of man beef. FIRST off...beauty is in the eye of the beholder, meaning that sometimes what someone thinks is beautiful may not be beautiful to another person. Duh!!! OK, well this is my opinion. If you pretty people would have spent your time in relationship, like the rest of us "ugly" folks learning from these relationships and nurturing them instead of fucking anything with a dick, MAYBE you would have learned a little something about adult being in adult relationships. Most of these "pretty" people are clueless when they are in an adult relationship and therefore keep screwing themselves out of a happy coupled life. Don't get me wrong, you can be totally happy and well adjusted as a single person. If that's for you awesome! If not and you really KNOW that you want a relationship maybe you should start by working on yourself. As cliche' as that sounds it really does work. Secondly...all of these people saying that there aren't any good men in albuquerque...it seems like other people are able to find one...maybe it's YOU that's a not good man!!! It seems like everyones always trying to blame someone else for THEIR shortcomings. How about you try being a man and work on yourself? As Ms. Paul says... "If you can't love yourself, how in the hell are you gonna love someone else?"...C'est tout!
Wednesday, August 4, 2010
Tuesday, August 3, 2010
Monday, August 2, 2010
i love ari
i miss my mac...o love my boyfriend hes sooo amazing to me. i never want to lose him in my life. i get so happy sometimes but i feel like i dont deserve him.
Wednesday, June 2, 2010
I gotta Maaaaaaaac.
So I got a macbook pro. 1760.80...and yeah, i've been able to freeze it twice and it's amazing. I don't know whats going on!!!! yay!
Friday, April 9, 2010
Zombies n such
Woah so I had the worst zombie dream last night.
So ok I had a dream I went to visit my dead gramma and like found this video tape that my dad had made. I took it back to the base I was staying at and it showed a much younger version of he and my mommy. So I was watching it and it turned into a tape of this disaster...kinda like a record? Anyway I also found this pill on tha cassette cover and like these people came to the base and I guess commandeered it. Well we all ended up working together to fight off these zombies. Lo and behold the tape ended with a warning that something like what was happening would happen! Yargh right?! So these people were cowards and kept stealing vehicles and getting killed before they'd get to the corner of the street. We all finally found out that it was some genetic mutated people were causing all the fuss. My dad had left the pill for a savior of not sound mind that would understand how to fight these monsters...no one would believe it was me so my old boss brian took it and died... Too much adrenaline produced...so we had people just start jumping on the male monster out of anger but the female disappeared soon to be discovered as the reason no one would make it to the corner...anyways I cut off brians head and took the pill and savagely ripped the monster apart and then went even crazier when I discovered the female was trying to get my sister and nephew whom I had hid. She put up a good fight because of her agility but my dream so I cut her head in half right down the middle. She didn't die but I took her brain for my trophy. We finally did tests to make more pills for people so that we could fight not only the soldier zombies but the mutant ones too... It was weird... I remember looking out to the street and wondering "I hope everyone is ok, ill find them all and keep them safe"... Psycho dream huh!
So ok I had a dream I went to visit my dead gramma and like found this video tape that my dad had made. I took it back to the base I was staying at and it showed a much younger version of he and my mommy. So I was watching it and it turned into a tape of this disaster...kinda like a record? Anyway I also found this pill on tha cassette cover and like these people came to the base and I guess commandeered it. Well we all ended up working together to fight off these zombies. Lo and behold the tape ended with a warning that something like what was happening would happen! Yargh right?! So these people were cowards and kept stealing vehicles and getting killed before they'd get to the corner of the street. We all finally found out that it was some genetic mutated people were causing all the fuss. My dad had left the pill for a savior of not sound mind that would understand how to fight these monsters...no one would believe it was me so my old boss brian took it and died... Too much adrenaline produced...so we had people just start jumping on the male monster out of anger but the female disappeared soon to be discovered as the reason no one would make it to the corner...anyways I cut off brians head and took the pill and savagely ripped the monster apart and then went even crazier when I discovered the female was trying to get my sister and nephew whom I had hid. She put up a good fight because of her agility but my dream so I cut her head in half right down the middle. She didn't die but I took her brain for my trophy. We finally did tests to make more pills for people so that we could fight not only the soldier zombies but the mutant ones too... It was weird... I remember looking out to the street and wondering "I hope everyone is ok, ill find them all and keep them safe"... Psycho dream huh!
Sunday, March 14, 2010
Family
As I sit here and cast around the room and watch from the eyes of others I realize that through the thick and thin we're always going to be part of each others lives. I am glad my family accepts my boyfriend. We've been together over 2 and a half years and its awesome. I feel like a real family and I'm grateful for it.
Going out
So what is the fascination with straight boys from gay ones? I just don't get it. If they're straight why would they want another dick hidden under a tuck? I dunno its just unbelievable to me how stupid that I feel gay people can be...wtf.
Monday, March 8, 2010
being bored
I love being bored. It gives me time to do shit, you know that shit that you don't think about doing until you get bored but usually that time you're all tired n shit.
Do your own work.
Damn...I sure hate when people ask to borrow notes. It's like they goof off in class trying to get me to goof off with them and i don't because I feel like school's for learning not goofing off...i lend them my notes and feel like I'm giving them money...i worked for it and now i just give it away. wtf. learn to say no?
Monday, February 15, 2010
Thank you.
I just wanted to send out a big thanks to everyone involved in NOH8 campaign and EQNM. I think by being a positive example of an openly gay person it will change the minds of a few influential people out there. I think that if we can change their minds in their personal lives about what we want we can call on them in their professional lives and be recognized as a positive entity. I feel that it's about more than protesting and showing our presence just when we want something or when we're celebrating our sexuality on Central Avenue in the summer. We should be a positive addition to our community which is to me way more than just the LGBTQ one. Gay is just one part of me, I am also a twin, a boyfriend, an uncle, Hispanic, Christian and spiritual, a male, a taxpayer, a critic, a son and a friend to mention a few. I am speaking from personal experience but I believe that if you really want something you have to put in work for it. This, to me, not only includes educating and helping people be aware who and what we are, but also giving back to our community. I think it's about time for us to stop bitching about the dirty diaper and change it already. It might take a few tries, but I think with hard work and understanding we will be able to do something,... well real.
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