Senate Engrossed




State of Arizona


Fifty-second Legislature

Second Regular Session










amending section 12‑2703, Arizona Revised Statutes; relating to the immigration and nationality law practice act.





Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 12-2703, Arizona Revised Statutes, is amended to read:

START_STATUTE12-2703.  Scope of remedies; violation; classification

A.  It is unlawful for any person to render for compensation any service constituting the unauthorized practice of immigration and nationality law or to otherwise violate this chapter.

B.  A person having an interest or right that is or may be adversely affected under this chapter may initiate an action for civil remedies.  The provisions of this article are in addition to all other causes of action, remedies and penalties that are available in this state.

C.  The attorney general or the county attorney in the county where the violation occurred shall initiate appropriate proceedings to prevent or to stop violations of this chapter.

D.  Section 13‑703, subsection A and subsection B, paragraph 1 do does not apply for the purpose of enhancing the sentence of a person who is convicted of two or more offenses under this section.

E.  A person who violates this chapter is guilty of a class 6  felony, except that if the person commits the violation while acting in the capacity of a commissioned notary public, it is a class 5 felony and shall pay a fine of not less than one thousand dollars. END_STATUTE

Sec. 2.  Legislative intent

Pursuant to section 12-2702, Arizona Revised Statutes, it is the legislature's intent to:

1.  Keep the representation of persons in matters related to immigration and nationality law in the hands of an attorney, law student, a person who is representing an organization accredited by the board of immigration appeals and who has been accredited by the immigration board and other persons as duly authorized by statute who are authorized to provide representation.

2.  Protect the people of this state from the abuses that accompany the representation of individuals who are not authorized to provide legal analysis or representation.

3.  Ensure those acting in the capacity of a commissioned notary public do not use their position to unlawfully act as if they are capable of providing legal immigration services.