The Arizona House approved a proposal June 13 aimed at prodding courts into enforcing a voter-approved law that denies bail to illegal immigrants who are charged with serious crimes.
The bill would spell out procedures and ground rules that courts must use in deciding if criminal defendants are illegal immigrants who should be denied bail.
The proposed change was prompted by complaints from lawmakers and Maricopa County Attorney Andrew Thomas that some judges have ignored or given short shrift to requirements of Proposition 100, which was approved in November with 78 percent of the vote.
The 34-22 vote by the House sends the bill (S1265) to the Senate for consideration.
Rep. Russell Pearce, R-18, who proposed the changes, said the law would assist courts in carrying out the wishes of voters.
“(Voters) think it is silly that you are in this country illegally, commit a serious felony and then should be out on the street,” Pearce said.
Rep. Tom Prezelski, D-29, an opponent of the bill, said the proposal would loosen the standard for determining whether a person could be denied bail under the voter-approved law and that it could have adverse effects on innocent people.
“We are going to see this bite us,” Prezelski said.
The bill requires courts to consider defendants’ admissions, immigration holds, indications from law enforcement agencies and any other evidence that show a defendant is in the United States illegally.
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