Assigned to MAPS AS VETOED
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
VETOED
FACT SHEET FOR H.B. 2754
criminal liability; enterprises
Purpose
Adds nongovernmental organizations in the definition of an enterprise for the purpose of
determining criminal liability for an enterprise and subjects an enterprise to criminal liability for
the offense of participating in a human smuggling organization or operation.
Background
A person commits participating in a human smuggling organization or operation by:
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 conceal the person from a peace officer or assist the
person with fleeing from a peace officer who is attempting to lawfully arrest or detain the person
(A.R.S. § 13-2323).
An enterprise, which includes any corporation, association, labor union or other legal
entity, commits an offense if: 1) the conduct constituting the offense consists of a failure to
discharge a specific duty imposed by law; 2) the conduct undertaken in 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 in behalf of the enterprise and the
offense is either a misdemeanor or petty offense or the offense is defined by a statute which
imposes criminal liability on an enterprise (A.R.S. § 13-305).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
FACT SHEET – Vetoed
H.B. 2754
Page 2
Provisions
1. Modifies the definition of enterprise within the context of the criminal code to include
nongovernmental organizations.
2. Subjects an enterprise to criminal liability for the offense of participating in a human
smuggling organization or operation
3. Becomes effective on the general effective date.
Governor's Veto Message
The Governor indicates in her veto message that H.B. 2754 has unintended consequences
for organizations that support immigrants.
House Action Senate Action
JUD 2/15/23 DP 5-3-0-0 MAPS 3/22/23 DP 4-3-0
3
rd
Read 3/1/23 31-28-1 3
rd
Read 4/5/23 16-14-0
Vetoed by the Governor 4/12/23
Prepared by Senate Research
April 19, 2023
ZD/sr