Posted on 03/09/2005 4:51:58 PM PST by SandRat
PHOENIX - State lawmakers approved four measures Tuesday all aimed at least in part at the problem of people who cross the border illegally.
On a 39-19 margin the House gave final approval to legislation that would allow a judge to impose a harsher sentence on someone convicted of a crime solely because that person is not in this country legally.
The House also approved:
€ Denying bail to illegal entrants accused of certain crimes;
€ New laws designed to crack down on human smuggling, and;
€ Pursuing the construction of private prisons in Mexico to house citizens of that nation convicted of crimes here.
The moves come as Gov. Janet Napolitano said Tuesday she will refuse to meet with a group of senators from Mexico who are traveling to Arizona to investigate the effects of Proposition 200.
Those senators, who already have appointments with Attorney General Terry Goddard and Phoenix Mayor Phil Gordon, are trying to analyze the law, see its effects on Mexican nationals - and prevent other states from following suit. They also plan to meet with Mexican diplomats and migrants.
Napolitano said during her weekly media briefing she won't sit down with them. Asked why, she responded curtly, "because I don't want to."
Pushed further, the governor said she would be willing to talk with them - but only about what more Mexico and Arizona can do to stop people from coming to the United States illegally.
"But Proposition 200 is the law," she said. "It's been enacted by the people of our state, it's being enforced in Arizona and I think that's a matter of Arizona voter sovereignty, quite frankly."
The sentencing legislation amends existing statutes which set a range of punishments a judge may impose for a variety of crimes.
Those laws permit sentencing in the upper range if a court finds certain "aggravating circumstances," such as whether the crime was committed for financial gain, a prior felony record, whether the victim was elderly, and whether it was a "hate crime" committed because of the victim's race, color, religion, national origin, sexual orientation, gender or disability.
HB 2259 adds to that list the fact that a person was in violation of federal immigration law at the time the offense was committed.
Rep. Kyrsten Sinema, D-Phoenix voted against the measure. She said a victim is no worse off just because the perpetrator of the crime was not in this state legally.
The bail measure is a proposed constitutional amendment that would have to be approved by voters next year.
Current law presumes someone is eligible for pretrial release except in certain circumstances. These include murder, rape, molesting a child younger than 15, when the person already is on bail, and when the defendant poses a substantial risk to the community.
HCR 2028 would say bail must be denied to someone here illegally where the proof is evidence or the presumption great that the person committed the crime. It also would permit anyone else not legally present to be held for up to 10 days without bail.
Also Tuesday, the House gave final approval to legislation designed to crack down on human smuggling.
SB 1372, creates a new crime of obtaining the services of another through threats. That is aimed at coyotes who make those they shepherd across the border work to pay off their fees.
Even stiffer penalties would be imposed on those who hold people captive and force them to become prostitutes.
Rep. Jonathan Paton, R-Tucson, said state laws are necessary because the federal government has shown little interest in prosecuting people who smuggle people across the border.
But Rep. Ben Miranda, D-Phoenix, voted against the measure, calling it "symbolic gratification" that actually does nothing. The measure now goes to the governor.
The legislation on private prisons, HB 2709, is being pushed by lawmakers who said it will cost less for the state to house Mexicans in their own country than in Arizona.
"Something stinks about her sudden change of heart. I wouldn't even begin to trust her."
She hopes to be the compromise candidate in '08. Better believe it.
LOL You've nailed her down,, haven't you?
EEWWWwwwwwwwwwwwwwwwww!!!!!!!!!!
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