HomeMy WebLinkAbout2017/09/12 - Item 11 - Additional InformationAMENDED IN ASSEMBLY SEPTEMBER 11, 2017
AMENDED IN ASSEMBLY JULY 10, 2017
AMENDED IN ASSEMBLY JUNE 19, 2017
AMENDED IN SENATE MARCH 29, 2017
AMENDED IN SENATE MARCH 6, 2017
AMENDED IN SENATE MARCH 1, 2017
AMENDED IN SENATE JANUARY 24, 2017
SENATE BILL No. 54
Introduced by Senator De León
(Principal coauthors: Senators Atkins, Beall, Pan, Skinner, and
Wiener)
(Principal coauthors: Assembly Members Bonta, Chiu, Cooper, Gomez,
Levine, Reyes, and Santiago)
December 5, 2016
An act to amend Sections 7282 and 7282.5 of, and to add Chapter
17.25 (commencing with Section 7284) to Division 7 of Title 1 of of,
the Government Code, and to repeal Section 11369 of the Health and
Safety Code, and to add Section 3058.10 to the Penal Code, relating to
law enforcement.
legislative counsel’s digest
SB 54, as amended, De León. Law enforcement: sharing data.
Existing law provides that when there is reason to believe that a person
arrested for a violation of specified controlled substance provisions may
not be a citizen of the United States, the arresting agency shall notify
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the appropriate agency of the United States having charge of deportation
matters.
This bill would repeal those provisions.
Existing law provides that whenever an individual who is a victim of
or witness to a hate crime, or who otherwise can give evidence in a hate
crime investigation, is not charged with or convicted of committing any
crime under state law, a peace officer may not detain the individual
exclusively for any actual or suspected immigration violation or report
or turn the individual over to federal immigration authorities.
This bill would, among other things and subject to exceptions, prohibit
state and local law enforcement agencies, including school police and
security departments, from using resources money or personnel to
investigate, interrogate, detain, detect, or arrest persons for immigration
enforcement purposes, as specified. specified, and would, subject to
exceptions, proscribe other activities or conduct in connection with
immigration enforcement by law enforcement agencies. The bill would
apply those provisions to the circumstances in which a law enforcement
official has discretion to cooperate with immigration authorities. The
bill would require, by April October 1, 2018, the Attorney General, in
consultation with the appropriate stakeholders, to publish model policies
limiting assistance with immigration enforcement to the fullest extent
possible for use by public schools, public libraries, health facilities
operated by the state or a political subdivision of the state, and
courthouses, among others. The bill would require require, among
others, all public schools, health facilities operated by the state or a
political subdivision of the state, and courthouses to implement the
model policy, or an equivalent policy. The bill would state that that,
among others, all other organizations and entities that provide services
related to physical or mental health and wellness, education, or access
to justice, including the University of California, are encouraged to
adopt the model policy. The bill would require, every 6 months, require
that a law enforcement agency that chooses to participate in a joint law
enforcement task force, as defined, submit a report annually pertaining
to task force operations to the Department of Justice, as specified. The
bill would require the Attorney General, by March 1, 2019, and twice
a year annually thereafter, to report on the types and frequency of joint
law enforcement task forces, and other information, as specified, and
to post those reports on the Attorney General’s Internet Web site. The
bill would require the Board of Parole Hearings or the Department of
Corrections and Rehabilitation, as applicable, to notify United States
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Immigration and Customs Enforcement of the scheduled release on
parole or postrelease community supervision, or rerelease following a
period of confinement pursuant to a parole revocation without a new
commitment, of all persons confined to state prison serving a current
term for the conviction of a violent or serious felony, or who has a prior
conviction for a violent or serious felony. The bill would require law
enforcement agencies to report to the department annually regarding
transfers of persons to immigration authorities. The bill would require
the Attorney General to publish guidance, audit criteria, and training
recommendations regarding state and local law enforcement databases,
for purposes of limiting the availability of information for immigration
enforcement, as specified. The bill would require the Department of
Corrections and Rehabilitation to provide a specified written consent
form in advance of any interview between a person in department
custody and the United States Immigration and Customs Enforcement
regarding civil immigration violations.
This bill would state findings and declarations of the Legislature
relating to these provisions.
By imposing additional duties on public schools and local law
enforcement agencies, this bill would impose a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to the statutory
provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 7282 of the Government Code is amended
line 2 to read:
line 3 7282. For purposes of this chapter, the following terms have
line 4 the following meanings:
line 5 (a) “Conviction” shall have the same meaning as subdivision
line 6 (d) of Section 667 of the Penal Code.
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line 1 (b) “Eligible for release from custody” means that the individual
line 2 may be released from custody because one of the following
line 3 conditions has occurred:
line 4 (1) All criminal charges against the individual have been
line 5 dropped or dismissed.
line 6 (2) The individual has been acquitted of all criminal charges
line 7 filed against him or her.
line 8 (3) The individual has served all the time required for his or her
line 9 sentence.
line 10 (4) The individual has posted a bond.
line 11 (5) The individual is otherwise eligible for release under state
line 12 or local law, or local policy.
line 13 (c) “Immigration hold” means an immigration detainer issued
line 14 by an authorized immigration officer, pursuant to Section 287.7
line 15 of Title 8 of the Code of Federal Regulations, that requests that
line 16 the law enforcement official to maintain custody of the individual
line 17 for a period not to exceed 48 hours, excluding Saturdays, Sundays,
line 18 and holidays, and to advise the authorized immigration officer
line 19 prior to the release of that individual.
line 20 (c) “Hold request,” “notification request,” and “transfer
line 21 request” have the same meanings as provided in Section 7283.
line 22 Hold, notification, and transfer requests include requests issued
line 23 by the United States Immigration and Customs Enforcement or
line 24 the United States Customs and Border Protection as well as any
line 25 other immigration authorities.
line 26 (d) “Law enforcement official” means any local agency or
line 27 officer of a local agency authorized to enforce criminal statutes,
line 28 regulations, or local ordinances or to operate jails or to maintain
line 29 custody of individuals in jails, and any person or local agency
line 30 authorized to operate juvenile detention facilities or to maintain
line 31 custody of individuals in juvenile detention facilities.
line 32 (e) “Local agency” means any city, county, city and county,
line 33 special district, or other political subdivision of the state.
line 34 (f) “Serious felony” means any of the offenses listed in
line 35 subdivision (c) of Section 1192.7 of the Penal Code and any offense
line 36 committed in another state which, if committed in California,
line 37 would be punishable as a serious felony as defined by subdivision
line 38 (c) of Section 1192.7 of the Penal Code.
line 39 (g) “Violent felony” means any of the offenses listed in
line 40 subdivision (c) of Section 667.5 of the Penal Code and any offense
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line 1 committed in another state which, if committed in California,
line 2 would be punishable as a violent felony as defined by subdivision
line 3 (c) of Section 667.5 of the Penal Code.
line 4 SEC. 2. Section 7282.5 of the Government Code is amended
line 5 to read:
line 6 7282.5. (a) A law enforcement official shall have discretion
line 7 to cooperate with federal immigration officials by detaining an
line 8 individual on the basis of an immigration hold after that individual
line 9 becomes eligible for release from custody only if the continued
line 10 detention of the individual on the basis of the immigration hold
line 11 would not violate any federal, state, or local law, or any local
line 12 policy, and only under any of the following circumstances:
line 13 7282.5. (a) A law enforcement official shall have discretion
line 14 to cooperate with immigration authorities only if doing so would
line 15 not violate any federal, state, or local law, or local policy, and
line 16 where permitted by the California Values Act (Chapter 17.25
line 17 (commencing with Section 7284)). Additionally, the specific
line 18 activities described in subparagraph (C) of paragraph (1) of
line 19 subdivision (a) of, and in paragraph (4) of subdivision (a) of,
line 20 Section 7284.6 shall only occur under the following circumstances:
line 21 (1) The individual has been convicted of a serious or violent
line 22 felony identified in subdivision (c) of Section 1192.7 of, or
line 23 subdivision (c) of Section 667.5 of, the Penal Code.
line 24 (2) The individual has been convicted of a felony punishable
line 25 by imprisonment in the state prison.
line 26 (3) The individual has been convicted within the past five years
line 27 of a misdemeanor for a crime that is punishable as either a
line 28 misdemeanor or a felony for, or has been convicted at any time
line 29 within the last 15 years of a felony for, any of the following
line 30 offenses:
line 31 (A) Assault, as specified in, but not limited to, Sections 217.1,
line 32 220, 240, 241.1, 241.4, 241.7, 244, 244.5, 245, 245.2, 245.3, 245.5,
line 33 4500, and 4501 of the Penal Code.
line 34 (B) Battery, as specified in, but not limited to, Sections 242,
line 35 243.1, 243.3, 243.4, 243.6, 243.7, 243.9, 273.5, 347, 4501.1, and
line 36 4501.5 of the Penal Code.
line 37 (C) Use of threats, as specified in, but not limited to, Sections
line 38 71, 76, 139, 140, 422, 601, and 11418.5 of the Penal Code.
line 39 (D) Sexual abuse, sexual exploitation, or crimes endangering
line 40 children, as specified in, but not limited to, Sections 266, 266a,
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line 1 266b, 266c, 266d, 266f, 266g, 266h, 266i, 266j, 267, 269, 288,
line 2 288.5, 311.1, 311.3, 311.4, 311.10, 311.11, and 647.6 of the Penal
line 3 Code.
line 4 (E) Child abuse or endangerment, as specified in, but not limited
line 5 to, Sections 270, 271, 271a, 273a, 273ab, 273d, 273.4, and 278 of
line 6 the Penal Code.
line 7 (F) Burglary, robbery, theft, fraud, forgery, or embezzlement,
line 8 as specified in, but not limited to, Sections 211, 215, 459, 463,
line 9 470, 476, 487, 496, 503, 518, 530.5, 532, and 550 of the Penal
line 10 Code.
line 11 (G) Driving under the influence of alcohol or drugs, but only
line 12 for a conviction that is a felony.
line 13 (H) Obstruction of justice, as specified in, but not limited to,
line 14 Sections 69, 95, 95.1, 136.1, and 148.10 of the Penal Code.
line 15 (I) Bribery, as specified in, but not limited to, Sections 67, 67.5,
line 16 68, 74, 85, 86, 92, 93, 137, 138, and 165 of the Penal Code.
line 17 (J) Escape, as specified in, but not limited to, Sections 107, 109,
line 18 110, 4530, 4530.5, 4532, 4533, 4534, 4535, and 4536 of the Penal
line 19 Code.
line 20 (K) Unlawful possession or use of a weapon, firearm, explosive
line 21 device, or weapon of mass destruction, as specified in, but not
line 22 limited to, Sections 171b, 171c, 171d, 246, 246.3, 247, 417, 417.3,
line 23 417.6, 417.8, 4574, 11418, 11418.1, 12021.5, 12022, 12022.2,
line 24 12022.3, 12022.4, 12022.5, 12022.53, 12022.55, 18745, 18750,
line 25 and 18755 of, and subdivisions (c) and (d) of Section 26100 of,
line 26 the Penal Code.
line 27 (L) Possession of an unlawful deadly weapon, under the Deadly
line 28 Weapons Recodification Act of 2010 (Part 6 (commencing with
line 29 Section 16000) of the Penal Code).
line 30 (M) An offense involving the felony possession, sale,
line 31 distribution, manufacture, or trafficking of controlled substances.
line 32 (N) Vandalism with prior convictions, as specified in, but not
line 33 limited to, Section 594.7 of the Penal Code.
line 34 (O) Gang-related offenses, as specified in, but not limited to,
line 35 Sections 186.22, 186.26, and 186.28 of the Penal Code.
line 36 (P) An attempt, as defined in Section 664 of, or a conspiracy,
line 37 as defined in Section 182 of, the Penal Code, to commit an offense
line 38 specified in this section.
line 39 (Q) A crime resulting in death, or involving the personal
line 40 infliction of great bodily injury, as specified in, but not limited to,
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line 1 subdivision (d) of Section 245.6 of, and Sections 187, 191.5, 192,
line 2 192.5, 12022.7, 12022.8, and 12022.9 of, the Penal Code.
line 3 (R) Possession or use of a firearm in the commission of an
line 4 offense.
line 5 (S) An offense that would require the individual to register as
line 6 a sex offender pursuant to Section 290, 290.002, or 290.006 of the
line 7 Penal Code.
line 8 (T) False imprisonment, slavery, and human trafficking, as
line 9 specified in, but not limited to, Sections 181, 210.5, 236, 236.1,
line 10 and 4503 of the Penal Code.
line 11 (U) Criminal profiteering and money laundering, as specified
line 12 in, but not limited to, Sections 186.2, 186.9, and 186.10 of the
line 13 Penal Code.
line 14 (V) Torture and mayhem, as specified in, but not limited to,
line 15 Section 203 of the Penal Code.
line 16 (W) A crime threatening the public safety, as specified in, but
line 17 not limited to, Sections 219, 219.1, 219.2, 247.5, 404, 404.6, 405a,
line 18 451, and 11413 of the Penal Code.
line 19 (X) Elder and dependent adult abuse, as specified in, but not
line 20 limited to, Section 368 of the Penal Code.
line 21 (Y) A hate crime, as specified in, but not limited to, Section
line 22 422.55 of the Penal Code.
line 23 (Z) Stalking, as specified in, but not limited to, Section 646.9
line 24 of the Penal Code.
line 25 (AA) Soliciting the commission of a crime, as specified in, but
line 26 not limited to, subdivision (c) of Section 286 of, and Sections 653j
line 27 and 653.23 of, the Penal Code.
line 28 (AB) An offense committed while on bail or released on his or
line 29 her own recognizance, as specified in, but not limited to, Section
line 30 12022.1 of the Penal Code.
line 31 (AC) Rape, sodomy, oral copulation, or sexual penetration, as
line 32 specified in, but not limited to, paragraphs (2) and (6) of
line 33 subdivision (a) of Section 261 of, paragraphs (1) and (4) of
line 34 subdivision (a) of Section 262 of, Section 264.1 of, subdivisions
line 35 (c) and (d) of Section 286 of, subdivisions (c) and (d) of Section
line 36 288a of, and subdivisions (a) and (j) of Section 289 of, the Penal
line 37 Code.
line 38 (AD) Kidnapping, as specified in, but not limited to, Sections
line 39 207, 209, and 209.5 of the Penal Code.
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line 1 (AE) A violation of subdivision (c) of Section 20001 of the
line 2 Vehicle Code.
line 3 (4) The individual is a current registrant on the California Sex
line 4 and Arson Registry.
line 5 (5) The individual is arrested and taken before a magistrate on
line 6 a charge involving a serious or violent felony, as identified in
line 7 subdivision (c) of Section 1192.7 or subdivision (c) of Section
line 8 667.5 of the Penal Code, a felony punishable by imprisonment in
line 9 state prison, or any felony listed in paragraph (2) or (3) other than
line 10 domestic violence, and the magistrate makes a finding of probable
line 11 cause as to that charge pursuant to Section 872 of the Penal Code.
line 12 (6)
line 13 (5) The individual has been convicted of a federal crime that
line 14 meets the definition of an aggravated felony as set forth in
line 15 subparagraphs (A) to (P), inclusive, of paragraph (43) of subsection
line 16 (a) of Section 101 of the federal Immigration and Nationality Act
line 17 (8 U.S.C. Sec. 1101), or is identified by the United States
line 18 Department of Homeland Security’s Immigration and Customs
line 19 Enforcement as the subject of an outstanding federal felony arrest
line 20 warrant.
line 21 (b) If none of the conditions listed in subdivision (a) is satisfied,
line 22 an individual shall not be detained on the basis of an immigration
line 23 hold after the individual becomes eligible for release from custody.
line 24 (6) In no case shall cooperation occur pursuant to this section
line 25 for individuals arrested, detained, or convicted of misdemeanors
line 26 that were previously felonies, or were previously crimes punishable
line 27 as either misdemeanors or felonies, prior to passage of the Safe
line 28 Neighborhoods and Schools Act of 2014 as it amended the Penal
line 29 Code.
line 30 (b) In cases in which the individual is arrested and taken before
line 31 a magistrate on a charge involving a serious or violent felony, as
line 32 identified in subdivision (c) of Section 1192.7 or subdivision (c)
line 33 of Section 667.5 of the Penal Code, respectively, or a felony that
line 34 is punishable by imprisonment in state prison, and the magistrate
line 35 makes a finding of probable cause as to that charge pursuant to
line 36 Section 872 of the Penal Code, a law enforcement official shall
line 37 additionally have discretion to cooperate with immigration officials
line 38 pursuant to subparagraph (C) of paragraph (1) of subdivision (a)
line 39 of Section 7284.6.
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line 1 SECTION 1.
line 2 SEC. 3. Chapter 17.25 (commencing with Section 7284) is
line 3 added to Division 7 of Title 1 of the Government Code, to read:
line 4
line 5 Chapter 17.25. Cooperation with Federal Immigration
line 6 Authorities
line 7
line 8 7284. This chapter shall be known, and may be cited, as the
line 9 California Values Act.
line 10 7284.2. The Legislature finds and declares the following:
line 11 (a) Immigrants are valuable and essential members of the
line 12 California community. Almost one in three Californians is foreign
line 13 born and one in two children in California has at least one
line 14 immigrant parent.
line 15 (b) A relationship of trust between California’s immigrant
line 16 community and state and local agencies is central to the public
line 17 safety of the people of California.
line 18 (c) This trust is threatened when state and local agencies are
line 19 entangled with federal immigration enforcement, with the result
line 20 that immigrant community members fear approaching police when
line 21 they are victims of, and witnesses to, crimes, seeking basic health
line 22 services, or attending school, to the detriment of public safety and
line 23 the well-being of all Californians.
line 24 (d) Entangling state and local agencies with federal immigration
line 25 enforcement programs diverts already limited resources and blurs
line 26 the lines of accountability between local, state, and federal
line 27 governments.
line 28 (e) State and local participation in federal immigration
line 29 enforcement programs also raises constitutional concerns, including
line 30 the prospect that California residents could be detained in violation
line 31 of the Fourth Amendment to the United States Constitution,
line 32 targeted on the basis of race or ethnicity in violation of the Equal
line 33 Protection Clause, or denied access to education based on
line 34 immigration status. See Sanchez Ochoa v. Campbell, et al. (E.D.
line 35 Wash. 2017) 2017 WL 3476777; Trujillo Santoya v. United States,
line 36 et al. (W.D. Tex. 2017) 2017 WL 2896021; Moreno v. Napolitano
line 37 (N.D. Ill. 2016) 213 F. Supp. 3d 999; Morales v. Chadbourne (1st
line 38 Cir. 2015) 793 F.3d 208; Miranda-Olivares v. Clackamas County
line 39 (D. Or. 2014) 2014 WL 1414305; Galarza v. Szalczyk (3d Cir.
line 40 2014) 745 F.3d 634.
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line 1 (f) This chapter seeks to ensure effective policing, to protect
line 2 the safety, well-being, and constitutional rights of the people of
line 3 California, and to direct the state’s limited resources to matters of
line 4 greatest concern to state and local governments.
line 5 (g) It is the intent of the Legislature that this chapter shall not
line 6 be construed as providing, expanding, or ratifying any legal
line 7 authority for any state or local law enforcement agency to
line 8 participate in immigration enforcement.
line 9 7284.4. For purposes of this chapter, the following terms have
line 10 the following meanings:
line 11 (a) “California law enforcement agency” means a state or local
line 12 law enforcement agency, including school police or security
line 13 departments. “California law enforcement agency” does not
line 14 include the Department of Corrections and Rehabilitation.
line 15 (b) “Civil immigration warrant” means any warrant for a
line 16 violation of federal civil immigration law, and includes civil
line 17 immigration warrants entered in the National Crime Information
line 18 Center database.
line 19 (c) “Federal immigration authority” means any officer,
line 20 employee, or person otherwise paid by or acting as an agent of
line 21 United States Immigration and Customs Enforcement or United
line 22 States Customs and Border Protection, or any division thereof, or
line 23 any other officer, employee, or person otherwise paid by or acting
line 24 as an agent of the United States Department of Homeland Security
line 25 who is charged with immigration enforcement.
line 26 (c) “Immigration authority” means any federal, state, or local
line 27 officer, employee, or person performing immigration enforcement
line 28 functions.
line 29 (d) “Health facility” includes health facilities as defined in
line 30 Section 1250 of the Health and Safety Code, clinics as defined in
line 31 Sections 1200 and 1200.1 of the Health and Safety Code, and
line 32 substance abuse treatment facilities.
line 33 (e) “Hold request,” “notification request,” “transfer request,”
line 34 and “local law enforcement agency” have the same meaning as
line 35 provided in Section 7283. Hold, notification, and transfer requests
line 36 include requests issued by United States Immigration and Customs
line 37 Enforcement or United States Customs and Border Protection as
line 38 well as any other federal immigration authorities.
line 39 (f) “Immigration enforcement” includes any and all efforts to
line 40 investigate, enforce, or assist in the investigation or enforcement
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line 1 of any federal civil immigration law, and also includes any and all
line 2 efforts to investigate, enforce, or assist in the investigation or
line 3 enforcement of any federal criminal immigration law that penalizes
line 4 a person’s presence in, entry, or reentry to, or employment in, the
line 5 United States. “Immigration enforcement” does not include either
line 6 of the following:
line 7 (1) Efforts to investigate, enforce, or assist in the investigation
line 8 or enforcement of a violation of Section 1326(a) of Title 8 of the
line 9 United States Code that may be subject to the enhancement
line 10 specified in Section 1326(b)(2) of Title 8 of the United States Code
line 11 and that is detected during an unrelated law enforcement activity.
line 12 (2) Transferring an individual to federal immigration authorities
line 13 for a violation of Section 1326(a) of Title 8 of the United States
line 14 Code that is subject to the enhancement specified in Section
line 15 1326(b)(2) of that title if the individual has been previously
line 16 convicted of a violent felony listed in subdivision (c) of Section
line 17 667.5 of the Penal Code.
line 18 (g) “Joint law enforcement task force” means at least one
line 19 California law enforcement agency collaborating, engaging, or
line 20 partnering with at least one federal law enforcement agency in
line 21 investigating federal or state crimes.
line 22 (h) “Judicial probable cause determination” means a
line 23 determination made by a federal judge or federal magistrate judge
line 24 that probable cause exists that an individual has violated federal
line 25 criminal immigration law and that authorizes a law enforcement
line 26 officer to arrest and take into custody the individual.
line 27 (i) “Judicial warrant” means a warrant based on probable cause
line 28 for a violation of federal criminal immigration law and issued by
line 29 a federal judge or a federal magistrate judge that authorizes a law
line 30 enforcement officer to arrest and take into custody the person who
line 31 is the subject of the warrant.
line 32 (j) “Public schools” means all public elementary and secondary
line 33 schools under the jurisdiction of local governing boards or a charter
line 34 school board, the California State University, and the California
line 35 Community Colleges.
line 36 (k) “School police and security departments” includes police
line 37 and security departments of the California State University, the
line 38 California Community Colleges, charter schools, county offices
line 39 of education, schools, and school districts.
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line 1 7284.6. (a) California law enforcement agencies shall not do
line 2 any of the following: not:
line 3 (1) Use agency or department moneys, facilities, property,
line 4 equipment, moneys or personnel to investigate, interrogate, detain,
line 5 detect, or arrest persons for immigration enforcement purposes,
line 6 including, but not limited to, including any of the following:
line 7 (A) Inquiring into an individual’s immigration status.
line 8 (B) Detaining an individual on the basis of a hold request.
line 9 (C) Responding Providing information regarding a person’s
line 10 release date or responding to requests for notification by providing
line 11 release dates or other information unless that information is
line 12 available to the public. public, or is in response to a notification
line 13 request from immigration authorities in accordance with Section
line 14 7282.5. Responses are never required, but are permitted under
line 15 this subdivision, provided that they do not violate any local law
line 16 or policy.
line 17 (D) Providing information regarding a person’s release date
line 18 unless that information is available to the public.
line 19 (E)
line 20 (D) Providing personal information information, as defined in
line 21 Section 1798.3 of the Civil Code, about an individual, including,
line 22 but not limited to, the individual’s home address or work address
line 23 unless that information is available to the public.
line 24 (F) Making, assisting, or
line 25 (E) Making or intentionally participating in arrests based on
line 26 civil immigration warrants.
line 27 (G) Giving federal immigration authorities access to interview
line 28 an individual in agency or department custody, except pursuant to
line 29 a judicial warrant, and in accordance with Section 7283.1.
line 30 (H)
line 31 (F) Assisting federal immigration authorities in the activities
line 32 described in Section 1357(a)(3) of Title 8 of the United States
line 33 Code.
line 34 (I)
line 35 (G) Performing the functions of an immigration officer, whether
line 36 pursuant to Section 1357(g) of Title 8 of the United States Code
line 37 or any other law, regulation, or policy, whether formal or informal.
line 38 (2) Make agency or department databases, including databases
line 39 maintained for the agency or department by private vendors, or
line 40 the information therein other than information within those
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line 1 databases regarding an individual’s citizenship or immigration
line 2 status, available to anyone or any entity for the purpose of
line 3 immigration enforcement. Any agreements in effect on January
line 4 1, 2018, that conflict with the terms of this paragraph are
line 5 terminated on that date. All persons and entities provided access
line 6 to agency or department databases shall certify in writing that the
line 7 database will be kept confidential and will not be used for the
line 8 purposes prohibited by this section.
line 9 (3)
line 10 (2) Place peace officers under the supervision of federal agencies
line 11 or employ peace officers deputized as special federal officers or
line 12 special federal deputies except to the extent those deputies for
line 13 purposes of immigration enforcement. All peace officers remain
line 14 subject to California law governing conduct of peace officers and
line 15 the policies of the employing agency.
line 16 (4)
line 17 (3) Use federal immigration authorities as interpreters for law
line 18 enforcement matters relating to individuals in agency or department
line 19 custody.
line 20 (5)
line 21 (4) Transfer an individual to federal immigration authorities
line 22 unless authorized by a judicial warrant or judicial probable cause
line 23 determination, or for a violation of Section 1326(a) of Title 8 of
line 24 the United States Code that is subject to the enhancement specified
line 25 in Section 1326(b)(2) of Title 8 of the United States Code and the
line 26 individual has been previously convicted of a violent felony listed
line 27 in subdivision (c) of Section 667.5 of the Penal Code. in
line 28 accordance with Section 7282.5.
line 29 (5) Provide office space exclusively dedicated for immigration
line 30 authorities for use within a city or county law enforcement facility.
line 31 (6) Contract with the federal government for use of California
line 32 law enforcement agency facilities to house individuals as federal
line 33 detainees, except pursuant to Chapter 17.8 (commencing with
line 34 Section 7310).
line 35 (b) Notwithstanding the limitations in subdivision (a), this
line 36 section does not prevent any California law enforcement agency
line 37 from doing any of the following that does not violate any policy
line 38 of the law enforcement agency or any local law or policy of the
line 39 jurisdiction in which the agency is operating:
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line 1 (1) Investigating, enforcing, or detaining upon reasonable
line 2 suspicion of, or arresting for a violation of, Section 1326(a) of
line 3 Title 8 of the United States Code that may be subject to the
line 4 enhancement specified in Section 1326(b)(2) of Title 8 of the United
line 5 States Code and that is detected during an unrelated law
line 6 enforcement activity. Transfers to immigration authorities are
line 7 permitted under this subsection only in accordance with paragraph
line 8 (4) of subdivision (a).
line 9 (1)
line 10 (2) Responding to a request from federal immigration authorities
line 11 for information about a specific person’s criminal history, including
line 12 previous criminal arrests, convictions, and or similar criminal
line 13 history information accessed through the California Law
line 14 Enforcement Telecommunications System (CLETS), where
line 15 otherwise permitted by state law.
line 16 (2) Participating in a joint law enforcement task force, so long
line 17 as the primary purpose of the joint law enforcement task force is
line 18 not immigration enforcement, as defined in subdivision (f) of
line 19 Section 7284.4.
line 20 (3) Conducting enforcement or investigative duties associated
line 21 with a joint law enforcement task force, including the sharing of
line 22 confidential information with other law enforcement agencies for
line 23 purposes of task force investigations, so long as the following
line 24 conditions are met:
line 25 (A) The primary purpose of the joint law enforcement task force
line 26 is not immigration enforcement, as defined in subdivision (f) of
line 27 Section 7284.4.
line 28 (B) The enforcement or investigative duties are primarily related
line 29 to a violation of state or federal law unrelated to immigration
line 30 enforcement.
line 31 (C) Participation in the task force by a California law
line 32 enforcement agency does not violate any local law or policy to
line 33 which it is otherwise subject.
line 34 (3)
line 35 (4) Making inquiries into information necessary to certify an
line 36 individual who has been identified as a potential crime or
line 37 trafficking victim for a T or U Visa pursuant to Section
line 38 1101(a)(15)(T) or 1101(a)(15)(U) of Title 8 of the United States
line 39 Code or to comply with Section 922(d)(5) of Title 18 of the United
line 40 States Code.
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line 1 (4) Responding to a notification request from federal
line 2 immigration authorities for a person who is serving a term for the
line 3 conviction of a misdemeanor or felony offense and has a current
line 4 or prior conviction for a violent felony listed in subdivision (c) of
line 5 Section 667.5 of the Penal Code or a serious felony listed in
line 6 subdivision (c) of Section 1192.7 of the Penal Code.
line 7 (5) Giving immigration authorities access to interview an
line 8 individual in agency or department custody. All interview access
line 9 shall comply with requirements of the TRUTH Act (Chapter 17.2
line 10 (commencing with Section 7283)).
line 11 (c) (1) If a California law enforcement agency chooses to
line 12 participate in a joint law enforcement task force, for which a
line 13 California law enforcement agency has agreed to dedicate
line 14 personnel or resources on an ongoing basis, it shall submit a report
line 15 every six months annually to the Department of Justice, as
line 16 specified by the Attorney General. The report shall detail for each
line 17 task force operation, the purpose of the task force, the federal,
line 18 state, and local law enforcement agencies involved, the number
line 19 of California law enforcement agency personnel involved, a
line 20 description of arrests made for any federal and state crimes, and
line 21 a description of the number of people arrested for immigration
line 22 enforcement purposes. All The law enforcement agency shall report
line 23 the following information, if known , for each task force of which
line 24 it is a member:
line 25 (A) The purpose of the task force.
line 26 (B) The federal, state, and local law enforcement agencies
line 27 involved.
line 28 (C) The total number of arrests made during the reporting
line 29 period.
line 30 (D) The number of people arrested for immigration enforcement
line 31 purposes.
line 32 (2) All law enforcement agencies shall report annually to the
line 33 Department of Justice, in a manner specified by the Attorney
line 34 General, the number of transfers pursuant to paragraph (4) of
line 35 subdivision (a), and the offense that allowed for the transfer,
line 36 pursuant to paragraph (4) of subdivision (a).
line 37 (3) All records described in this subdivision shall be public
line 38 records for purposes of the California Public Records Act (Chapter
line 39 3.5 (commencing with Section 6250)), including the exemptions
line 40 provided by that act and, as permitted under that act, personal
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line 1 identifying information may be redacted prior to public disclosure.
line 2 To the extent that disclosure of a particular item of information
line 3 would endanger the safety of a person involved in an investigation,
line 4 or would endanger the successful completion of the investigation
line 5 or a related investigation, that information shall not be disclosed.
line 6 (4) If more than one California law enforcement agency is
line 7 participating in a joint task force that meets the reporting
line 8 requirement pursuant to this section, the joint task force shall
line 9 designate a local or state agency responsible for completing the
line 10 reporting requirement.
line 11 (d) The Attorney General, by March 1, 2019, and twice a year
line 12 annually thereafter, shall report on the types and frequency of joint
line 13 law enforcement task forces. The report shall include, for the
line 14 reporting period, assessments on compliance with paragraph (2)
line 15 of subdivision (b), a list of all California law enforcement agencies
line 16 that participate in joint law enforcement task forces, a list of joint
line 17 law enforcement task forces operating in the state and their
line 18 purposes, the number of arrests made associated with joint law
line 19 enforcement task forces for the violation of federal or state crimes,
line 20 and the the total number of arrests made associated with by joint
line 21 law enforcement task forces forces, and the total number of arrests
line 22 made for the purpose of immigration enforcement by all task force
line 23 participants, including federal law enforcement agencies. To the
line 24 extent that disclosure of a particular item of information would
line 25 endanger the safety of a person involved in an investigation, or
line 26 would endanger the successful completion of the investigation or
line 27 a related investigation, that information shall not be included in
line 28 the Attorney General’s report. The Attorney General shall post the
line 29 reports required by this subdivision on the Attorney General’s
line 30 Internet Web site.
line 31 (e) Notwithstanding any other law, a California law enforcement
line 32 agency shall not transfer an individual to federal immigration
line 33 authorities for purposes of immigration enforcement or detain an
line 34 individual at the request of federal immigration authorities for
line 35 purposes of immigration enforcement absent a judicial warrant or
line 36 judicial probable cause determination, except as provided in
line 37 paragraph (5) of subdivision (a). This subdivision does not limit
line 38 the scope of subdivision (a).
line 39 (f)
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line 1 (e) This section does not prohibit or restrict any government
line 2 entity or official from sending to, or receiving from, federal
line 3 immigration authorities, information regarding the citizenship or
line 4 immigration status, lawful or unlawful, of an individual individual,
line 5 or from requesting from federal immigration authorities
line 6 immigration status information, lawful or unlawful, of any
line 7 individual, or maintaining or exchanging that information with
line 8 any other federal, state, or local government entity, pursuant to
line 9 Sections 1373 and 1644 of Title 8 of the United States Code.
line 10 (f) Nothing in this section shall prohibit a California law
line 11 enforcement agency from asserting its own jurisdiction over
line 12 criminal law enforcement matters.
line 13 7284.8. (a) The Attorney General, by April 1, October 1, 2018,
line 14 in consultation with the appropriate stakeholders, shall publish
line 15 model policies limiting assistance with immigration enforcement
line 16 to the fullest extent possible consistent with federal and state law
line 17 at public schools, public libraries, health facilities operated by the
line 18 state or a political subdivision of the state, courthouses, Division
line 19 of Labor Standards Enforcement facilities, the Agricultural Labor
line 20 Relations Board, the Division of Workers Compensation, and
line 21 shelters, and ensuring that they remain safe and accessible to all
line 22 California residents, regardless of immigration status. All public
line 23 schools, health facilities operated by the state or a political
line 24 subdivision of the state, and courthouses shall implement the model
line 25 policy, or an equivalent policy. All The Agricultural Labor
line 26 Relations Board, the Division of Workers’ Compensation, the
line 27 Division of Labor Standards Enforcement, shelters, libraries, and
line 28 all other organizations and entities that provide services related to
line 29 physical or mental health and wellness, education, or access to
line 30 justice, including the University of California, are encouraged to
line 31 adopt the model policy.
line 32 (b) For any databases operated by state and local law
line 33 enforcement agencies, including databases maintained for the
line 34 agency by private vendors, the Attorney General shall, by October
line 35 1, 2018, in consultation with appropriate stakeholders, publish
line 36 guidance, audit criteria, and training recommendations aimed at
line 37 ensuring that those databases are governed in a manner that limits
line 38 the availability of information therein to the fullest extent
line 39 practicable and consistent with federal and state law, to anyone
line 40 or any entity for the purpose of immigration enforcement. All state
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line 1 and local law enforcement agencies are encouraged to adopt
line 2 necessary changes to database governance policies consistent with
line 3 that guidance.
line 4 (c) Notwithstanding the rulemaking provisions of the
line 5 Administrative Procedure Act (Chapter 3.5 (commencing with
line 6 Section 11340) of Part 1 of Division 3 of Title 2), the Department
line 7 of Justice may implement, interpret, or make specific this chapter
line 8 without taking any regulatory action.
line 9 7284.10. (a) The Department of Corrections and Rehabilitation
line 10 shall:
line 11 (1) In advance of any interview between the United States
line 12 Immigration and Customs Enforcement (ICE) and an individual
line 13 in department custody regarding civil immigration violations,
line 14 provide the individual with a written consent form that explains
line 15 the purpose of the interview, that the interview is voluntary, and
line 16 that he or she may decline to be interviewed or may choose to be
line 17 interviewed only with his or her attorney present. The written
line 18 consent form shall be available in English, Spanish, Chinese,
line 19 Tagalog, Vietnamese, and Korean.
line 20 (2) Upon receiving any ICE hold, notification, or transfer
line 21 request, provide a copy of the request to the individual and inform
line 22 him or her whether the department intends to comply with the
line 23 request.
line 24 (b) The Department of Corrections and Rehabilitation shall
line 25 not:
line 26 (1) Restrict access to any in-prison educational or rehabilitative
line 27 programming, or credit-earning opportunity on the sole basis of
line 28 citizenship or immigration status, including, but not limited to,
line 29 whether the person is in removal proceedings, or immigration
line 30 authorities have issued a hold request, transfer request, notification
line 31 request, or civil immigration warrant against the individual.
line 32 (2) Consider citizenship and immigration status as a factor in
line 33 determining a person’s custodial classification level, including,
line 34 but not limited to, whether the person is in removal proceedings,
line 35 or whether immigration authorities have issued a hold request,
line 36 transfer request, notification request, or civil immigration warrant
line 37 against the individual.
line 38 7284.10.
line 39 7284.12. The provisions of this act are severable. If any
line 40 provision of this act or its application is held invalid, that invalidity
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line 1 shall not affect other provisions or applications that can be given
line 2 effect without the invalid provision or application.
line 3 SEC. 2.
line 4 SEC. 4. Section 11369 of the Health and Safety Code is
line 5 repealed.
line 6 SEC. 3. Section 3058.10 is added to the Penal Code, to read:
line 7 3058.10. (a) The Board of Parole Hearings, with respect to
line 8 inmates sentenced pursuant to subdivision (b) of Section 1168, or
line 9 the Department of Corrections and Rehabilitation, with respect to
line 10 inmates sentenced pursuant to Section 1170, shall notify United
line 11 States Immigration and Customs Enforcement of the scheduled
line 12 release on parole or postrelease community supervision, or
line 13 rerelease following a period of confinement pursuant to a parole
line 14 revocation without a new commitment, of all persons confined to
line 15 state prison serving a current term for the conviction of, or who
line 16 have a prior conviction for, a violent felony listed in subdivision
line 17 (c) of Section 667.5 or a serious felony listed in subdivision (c) of
line 18 Section 1192.7.
line 19 (b) The notification shall be made at least 60 days prior to the
line 20 scheduled release date or as soon as practicable if notification
line 21 cannot be provided at least 60 days prior to release. The only
line 22 nonpublicly available personal information that the notification
line 23 may include is the name of the person who is scheduled to be
line 24 released and the scheduled date of release.
line 25 SEC. 4.
line 26 SEC. 5. If the Commission on State Mandates determines that
line 27 this act contains costs mandated by the state, reimbursement to
line 28 local agencies and school districts for those costs shall be made
line 29 pursuant to Part 7 (commencing with Section 17500) of Division
line 30 4 of Title 2 of the Government Code.
O
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