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Code · Arizona · Title 13 — Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions

13-4295.03. Order to return to foreign nation

329 words·~1 min read·/az/title-13/13-4295-03

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(Caution: 1998 Prop. 105 applies)
A. At any time before a person is convicted of or adjudicated for a violation of section 13-4295.01, a court may dismiss the charge pending against the person and issue a written order in accordance with subsection B of this section.
B. A written order authorized by subsection A of this section shall discharge the person and require the person to return to the foreign nation from which the person entered or attempted to enter the United States or the person's nation of origin and may be issued if all of the following apply:
1. The person agrees to the order.
2. The person has not previously been convicted of an offense under this article or previously obtained a discharge under an order issued pursuant to this section.
3. The person is not charged with another class 1 misdemeanor or any felony offense.
4. Before the issuance of the order, the arresting law enforcement agency does both of the following:
(a)Collects all identifying information of the person, which must include taking fingerprints from the person and using other applicable photographic and biometric measures to identify the person.
(b)Cross-references the collected information with all relevant local, state and federal criminal databases and federal lists or classifications that are used to identify a person as a threat or potential threat to national security.
C. On conviction of an offense under this article, the judge shall enter an order that requires the person to return to the foreign nation from which the person entered or attempted to enter the United States or the person's nation of origin. An order issued under this subsection takes effect on completion of any term of incarceration or imprisonment.
D. An order that is issued under this section must include an authorization that allows a state or local law enforcement agency to transport the person to a port of entry or to any other point of transfer into federal custody.
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