ARIZONA STATE SENATE
RESEARCH STAFF
TO: MEMBERS OF THE SENATE
TRANSPORTATION, TECHNOLOGY &
MISSING CHILDREN COMMITTEE
DATE: February 6, 2024
SUBJECT: Strike everything amendment to S.B. 1608, relating to human smuggling; electronic
applications
Purpose
Classifies the unlawful use of an electronic device to smuggle human beings as a class 2
felony and prohibits a person from being released from confinement, if convicted.
Background
The smuggling of human beings is 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 U.S. citizens, permanent resident aliens
or persons otherwise lawfully in Arizona or have attempted to enter, entered or remained in the
United States in violation of law.
It is unlawful for a person to intentionally engage in the smuggling of human beings for a
profit or commercial purpose. A human smuggling violation is a class 4 felony, except for when:
1) the smuggled human being is under 18 years old and is not accompanied by a family member
who is over 18 years old or the use of a deadly weapon or dangerous instrument is involved, it is
a class 2 felony; and 2) the use or threatened use of deadly physical force is involved, it is a class
3 felony and the person is not eligible for suspension of sentence, probation, pardon or release
from confinement on any basis, with certain exceptions (A.R.S. § 13-2319).
Class 4, class 3 and class 2 felonies carry presumptive prison sentences of 2.5 years, 3.5
years and 5 years, respectively. A sentence to pay a fine for a felony must be a sentence to pay an
amount fixed by the court of up to $150,000 (A.R.S. §§ 13-702 and 13-801).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Deems it unlawful for a person to use a telephone or computer application or program to
knowingly assist in the smuggling of human beings.
2. Classifies, as a class 2 felony, the unlawful use of a telephone or computer application or
program to knowingly assist in the smuggling of human beings.
3. Deems a person who is convicted with a class 2 felony ineligible for suspension of sentence,
probation, pardon or release from confinement on any other basis, except as specifically
authorized, until the person is eligible for earned release or the sentence is served or commuted.
ELIZABETH BUSKIRK
LEGISLATIVE RESEARCH INTERN
KIYAHNA J. ARAZA
LEGISLATIVE RESEARCH ANALYST
TRANSPORTATION, TECHNOLOGY & MISSING
CHILDREN COMMITTEE
Telephone: (602) 926-3171 STRIKER MEMO
S.B. 1608
Page 2
4. Exempts preparatory offenses from applying to the unlawful use of an electronic device to
smuggle human beings.
5. Defines the smuggling of human beings as the transportation, procurement of transportation or
use of property or real property by a person or an entity with the intent of either:
a) concealing a person from a peace officer; or
b) assisting a person with fleeing from a peace officer who is attempting to lawfully arrest or
detain the person.
6. Becomes effective on the general effective date.