HB 2754
Initials JL Page 1 House Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
House: JUD DP 5-3-0-0-0-0
HB 2754: criminal liability; enterprises
Sponsor: Representative Jones, LD 17
House Engrossed
Overview
Includes nongovernmental organizations in the definition of an enterprise for purposes of criminal
liability and subjects an enterprise to criminal liability for the the offense of participating in a human
smuggling organization.
History
An enterprise, currently defined in A.R.S. § 13-105 as any corporation, association, labor union
or other legal entity, is deemed to have committed a criminal offense if any of the following applies:
1) The conduct constituting the offense consists of a failure to discharge a specific duty
imposed by law;
2) The conduct undertaken on behalf of the enterprise and constituting the offense is
engaged in, authorized, solicited, commanded or recklessly tolerated by the directors of
the enterprise in any manner or by a high managerial agent acting within the scope of
employment; or
3) The conduct constituting the offense is engaged in by an agent of the enterprise while
acting within the scope of employment and on behalf of the enterprise; and
a) The offense is a misdemeanor or petty offense; or
b) The offense is defined by a statute which imposes criminal liability on an enterprise.
Agent and high managerial agent are defined in statute (A.R.S. § 13-305).
A person commits participating in a human smuggling organization or operation by doing any of
the following:
1) Intentionally or knowingly organizing, managing, directing, supervising, coordinating,
facilitating, leading, assisting, participating in or financing a human smuggling organization
or operation that furthers the criminal objectives of the human smuggling organization or
operation;
2) Knowingly directing or instructing others to engage in violence or intimidation to promote
or further the criminal objectives of a human smuggling organization or operation;
3) Furnishing advice or direction in the conduct, financing or management of a human
smuggling organization's or operation's affairs with the intent to promote or further the
criminal objectives of a human smuggling organization or operation;
4) Intentionally promoting or furthering the criminal objectives of a human smuggling
organization or operation by inducing or committing any act or omission by a public servant
in violation of the public servant's official duty; or
5) Knowingly assisting a human smuggling organization or operation by transporting a
person, or procuring the transportation for a person, with the intent to do either of the
following:
HB 2754
Initials JL Page 2 House Engrossed
a) Conceal the person from a peace officer; or
b) Assist the person with fleeing from a peace officer who is attempting to lawfully arrest
or detain the person.
Participating in a human smuggling organization or operation is a class 2 felony, and a person
convicted of the offense is not eligible for suspension of sentence, probation, pardon or release
from confinement, except in specific circumstances, until the imposed sentence has been served
or commuted (A.R.S. § 13-2323).
Human smuggling organization and person, as well as the culpable mental states, which include
intentionally and knowingly, are defined in A.R.S. § 13-105.
Provisions
1. Expands the definition of enterprise to include nongovernmental organizations. (Sec. 1)
2. Removes the requirement for an agent of an enterprise to be acting within the scope of
employment when acting on behalf of the enterprise for purposes of enterprise liability. (Sec.
2)
3. Subjects an enterprise, in addition to a person, to criminal liability for the offense of
participating in a human smuggling organization or operation. (Sec. 3)
4. Makes technical changes. (Sec. 2)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note