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Full Text of SB0031  100th General Assembly

SB0031eng 100TH GENERAL ASSEMBLY



 


 
SB0031 EngrossedLRB100 04996 RJF 15006 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Illinois Trust Act.
 
6    Section 5. Legislative intent. It is the intent of the
7General Assembly that this Act shall not be construed as
8providing, expanding, or ratifying the legal authority for any
9State or local law enforcement agency to detain an individual
10on an immigration detainer or administrative warrant, or
11perform any other civil immigration enforcement function.
12State law does not grant State or local law enforcement the
13authority to enforce federal civil immigration laws.
14Interactions between State and local law enforcement and
15federal immigration agents shall be consistent and uniform
16throughout the State.
 
17    Section 10. Definitions. In this Act:
18    "Administrative warrant" means an immigration warrant of
19arrest, order to detain or release aliens, notice of custody
20determination, notice to appear, removal order, warrant of
21removal, or any other document issued by an immigration agent
22or immigration judge that can form the basis for an

 

 

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1individual's arrest or detention for a civil immigration
2enforcement purpose including administrative warrants entered
3into the Federal Bureau of Investigation's National Crime
4Information Center database, or any successor or similar
5database maintained by the United States. "Administrative
6warrant" does not include any warrants issued by a criminal
7court upon a determination of probable cause and in compliance
8with the requirements of the Fourth Amendment to the United
9States Constitution and Article I, Section 6 of the Illinois
10Constitution.
11    "Certification form" means any law enforcement
12certification form or statement required by federal
13immigration law certifying that a person is a victim of
14qualifying criminal activity including, but not limited to, the
15information required by Section 1184(p) of Title 8 of the
16United States Code (including current United States
17Citizenship and Immigration Service Form I-918, Supplement B,
18or any successor forms) for purposes of obtaining a U visa, or
19by Section 1184(o) of Title 8 of the United States Code
20(including current United States Citizenship and Immigration
21Service Form I-914, Supplement B, or any successor forms) for
22purposes of obtaining a T visa.
23    "Certifying agency" means a State or local law enforcement
24agency, prosecutor, or other authority that has responsibility
25for the detection, investigation, or prosecution of criminal
26activity including an agency that has criminal investigative

 

 

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1jurisdiction in its respective areas of expertise, and
2specifically includes the Department of Labor, the Department
3of Children and Family Services, the Department of Human
4Services, and the Illinois Workers' Compensation Commission,
5but not including any State court.
6    "Coerce" means to use express or implied threats towards a
7person or family member of a person that attempts to put the
8person in immediate fear of the consequences in order to compel
9that person to act against his or her will.
10    "Contact information" means home address, work address,
11telephone number, electronic mail address, social media
12information, or any other personal identifying information
13that could be used as a means to contact an individual.
14    "Eligible for release from custody" means that the
15individual may be released from custody because one of the
16following conditions has occurred:
17        (1) all criminal charges against the individual have
18    been dropped or dismissed;
19        (2) the individual has been acquitted of all criminal
20    charges filed against him or her;
21        (3) the individual has served all the time required for
22    his or her sentence;
23        (4) the individual has posted a bond; or
24        (5) the individual is otherwise eligible for release
25    under State or local law or local policy.
26    "Family member" means a person's (i) mother or father

 

 

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1(including step or adoptive), spouse, brother or sister
2(including blood, step, half, or adoptive), son or daughter
3(including blood, step, half, or adopted), father-in-law,
4mother-in-law, daughter-in-law, son-in-law, brother-in-law,
5sister-in-law, grandparent, or grandchild; (ii)
6court-appointed legal guardian or a person for whom the person
7is a court-appointed legal guardian; or (iii) domestic partner
8or the domestic partner's mother or father (including step or
9adoptive), brother or sister (including blood, step, half, or
10adoptive), or son or daughter (including blood, step, half, or
11adopted).
12    "Immigration agent" means an agent of federal Immigration
13and Customs Enforcement, federal Customs and Border
14Protection, an individual authorized to conduct enforcement of
15civil immigration laws under Section 1357(g) of Title 8 of the
16United States Code or any other federal law, any other federal
17agent charged with enforcement of civil immigration laws, or
18any successor.
19    "Immigration enforcement operation" means an operation
20that has as one of its objectives the identification or
21apprehension of a person or persons: (1) in order to subject
22them to civil immigration detention, removal proceedings or
23removal from the United States; or (2) to criminally prosecute
24a person or persons for offenses related to immigration status,
25including, but not limited to, violations of Sections 1253,
261304, 1306(a) and (b), 1325, or 1326 of Title 8 of the United

 

 

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1States Code.
2    "Immigration detainer" means a document issued by an
3immigration agent to a federal, State, or local law enforcement
4agency that requests that the law enforcement agency provide
5notice of release or maintain custody of an individual based on
6an alleged violation of a civil immigration law, including
7detainers issued under Section 287.7 of Title 8 of the United
8States Code or Section 236.1 of Title 8 of the Code of Federal
9Regulations.
10    "Law enforcement agency" means an agency in this State
11charged with enforcement of State, county, or municipal laws or
12with managing custody of detained persons in the State,
13including municipal police departments, sheriff's departments,
14campus police departments, the Department of State Police, and
15the Department of Juvenile Justice.
16    "Law enforcement official" means any officer or other agent
17of a State or local law enforcement agency authorized to
18enforce criminal laws, rules, regulations, or local ordinances
19or to operate jails, correctional facilities, or juvenile
20detention facilities or to maintain custody of individuals in
21jails, correctional facilities, or juvenile detention
22facilities.
23    "Qualifying criminal activity" means any activity
24regardless of the stage of detection, investigation, or
25prosecution, involving one or more of the following or any
26similar activity in violation of federal, State, or local

 

 

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1criminal law: rape; torture; trafficking; incest; domestic
2violence; sexual assault; abusive sexual contact;
3prostitution; sexual exploitation; stalking; female genital
4mutilation; being held hostage; peonage; involuntary
5servitude; slave trade; kidnapping; abduction; unlawful
6criminal restraint; false imprisonment; blackmail; extortion;
7manslaughter; murder; felonious assault; witness tampering;
8obstruction of justice; perjury; fraud in foreign labor
9contracting (as defined in Section 1351 of Title 18 of the
10United States Code); or attempt, conspiracy, or solicitation to
11commit any of the above mentioned crimes; and any criminal
12activity that has an articulable similarity to any activity
13listed under this definition, but is not specifically listed
14under this definition. Qualifying criminal activity also means
15any qualifying criminal activity that occurs during the
16commission of non-qualifying criminal activity, regardless of
17whether or not criminal prosecution was sought for the
18qualifying criminal activity. Criminal activity may be
19considered qualifying criminal activity regardless of how much
20time has elapsed since its commission.
21    "Verbal abuse" means the use of a remark which is overtly
22insulting, mocking, or belittling directed at a person based
23upon the actual or perceived: (1) race, color, sex, religion,
24national origin, English proficiency, sexual orientation, or
25gender identity of that person, or (2) citizenship or
26immigration status of that person or that person's family

 

 

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1member.
2    "Victim of qualifying criminal activity" means any
3individual who:
4        (1)(A)(i) has reported qualifying criminal activity to
5    a law enforcement agency or certifying agency; or (ii) has
6    otherwise participated in the detection, investigation, or
7    prosecution of qualifying criminal activity; and
8        (B) has suffered direct and proximate harm as a result
9    of the commission of any qualifying criminal activity;
10    including, but not limited to: (i) any indirect victim
11    regardless of the direct victim's immigration or
12    citizenship status, who, in any case in which the direct
13    victim is deceased, incompetent, or incapacitated, is the
14    direct victim's spouse, the direct victim's child under 21
15    years of age, or if the direct victim is under 21 years of
16    age, the direct victim's unmarried sibling under 18 years
17    of age or parent; or (ii) any bystander victim who suffers
18    direct physical or mental harm as a result of the
19    qualifying criminal activity, or
20        (2) was a victim of a severe form of trafficking in
21    persons as defined in Section 7102 of Title 22 of the
22    United States Code and Section 10-9 of the Criminal Code of
23    2012.
24    More than one victim may be identified and provided with a
25certification form depending upon the circumstances. For
26purposes of the definition of "victim of qualifying criminal

 

 

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1activity", the term "incapacitated" means unable to interact
2with the law enforcement agency or certifying agency personnel
3as a result of a cognitive impairment or other physical
4limitation, because of physical restraint or disappearance, or
5because the victim was a minor at the time the crime was
6committed and reported.
 
7    Section 15. Prohibited immigration enforcement activities;
8exceptions.
9    (a) A law enforcement agency or official shall not detain
10or continue to detain any individual solely on the basis of any
11immigration detainer or administrative warrant, or otherwise
12comply with an immigration detainer or administrative warrant
13after that individual becomes eligible for release from
14custody.
15    (b) A law enforcement agency or official shall not stop,
16arrest, search, detain, or continue to detain a person solely
17based on an individual's citizenship or immigration status, an
18administrative warrant, an individual's possession of a
19temporary visitor's driver's license issued by the Secretary of
20State under the Illinois Vehicle Code, or an individual's
21possession of a passport, consular identification document, or
22other identification document issued by a foreign government.
23    (c) A law enforcement agency or official shall not inquire
24about the citizenship or immigration status of an individual,
25including a crime victim, a witness, or a person who calls or

 

 

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1approaches the law enforcement agency or official seeking
2assistance, unless necessary to investigate criminal activity
3by that individual. Nothing in this subsection (c) shall be
4construed to limit the ability of a law enforcement agency or
5official to ask a person in the law enforcement agency's
6custody about that person's country of nationality for purposes
7of facilitating communication with consular officers from that
8person's country of nationality in accordance with the Vienna
9Convention on Consular Relations.
10    (d) A law enforcement agency or official shall not request
11or accept a temporary visitor's driver's license issued by the
12Secretary of State under the Illinois Vehicle Code as proof of
13a person's identity. A law enforcement agency or official may
14only request an individual's temporary visitor's driver's
15license to establish that the individual is or is not licensed
16by the State to operate a motor vehicle.
17    (e) A law enforcement agency or official shall not enter
18into an agreement under Section 1357(g) of Title 8 of the
19United States Code or any other federal law that permits State
20or local governmental entities to enforce federal civil
21immigration laws.
22    (f) A law enforcement agency or official shall not
23participate in immigration enforcement operations as defined
24in Section 10 of this Act, which includes, but is not limited
25to, operations to establish traffic perimeters. Except as
26provided in subsection (i) of this Section, a law enforcement

 

 

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1agency or official shall not provide to any immigration agent
2information on persons that may be the subject of immigration
3enforcement operations.
4    (g) A law enforcement agency or official shall not:
5        (1) give any immigration agent access to any
6    individual;
7        (2) transfer any person into an immigration agent's
8    custody;
9        (3) permit immigration agents use of agency facilities
10    or equipment, including any agency electronic databases
11    not available to the public, for investigative interviews
12    or other investigative purpose in executing an immigration
13    enforcement operation; or
14        (4) respond to immigration agent inquiries regarding
15    any individual's incarceration status, release date, or
16    contact information except insofar as the agency makes that
17    information available to the public.
18    (h) Notwithstanding any other provision of this Section,
19(1) if an immigration agent presents to a law enforcement
20official or law enforcement agency a valid and properly issued
21criminal warrant related to the investigation or prosecution of
22any criminal offense, including offenses provided for in the
23laws of another state or federal law, or (2) otherwise
24demonstrates that he or she is engaged in the investigation or
25prosecution of a criminal offense or activity (not including
26any offense related to immigration status, including, but not

 

 

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1limited to, a violation of Section 1253, 1304, 1306 (a) or (b),
21325, or 1326 of Title 8 of the United States Code), then the
3law enforcement official or law enforcement agency may conduct
4any of the activities listed in this Section or otherwise
5communicate or coordinate with an immigration agent solely for
6assisting with that specific purpose.
7    (i) Nothing in this Section shall be construed to prohibit
8or restrict any entity from sending to, or receiving from, the
9United States Department of Homeland Security or other federal,
10State, or local government entity information regarding the
11citizenship or immigration status of any individual under
12Sections 1373 and 1644 of Title 8 of the United States Code.
13    (j) Subsection (g) of this Section shall not apply to the
14Department of Corrections.
15    (k) Nothing in this Section shall be construed as
16restricting any expenditure or activity necessary to the
17performance by the State, any unit of local government, or any
18law enforcement or other agency, official, employee, or agent
19of any obligations under any contract between the State, the
20unit of local government, or the agency and federal officials
21regarding the use of a facility to detain individuals in
22federal immigration removal proceedings.
 
23    Section 20. Prohibited activities related to immigration
24detention facilities. Notwithstanding subsection (k) of
25Section 15 of this Act, no State agency or unit of local

 

 

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1government shall be permitted to contract with a private
2for-profit vendor or contractor for the provision of services,
3other than ancillary services as defined under Section 3 of the
4Private Correctional Facility Moratorium Act, relating to the
5operation or management of a facility to detain individuals in
6federal immigration removal proceedings, or to approve any
7permits, zoning changes, or other measures required for, or to
8otherwise facilitate, the construction, operation, or
9management of any such facility.
 
10    Section 25. Other prohibited activities; verbal abuse and
11coercion. A law enforcement agency or law enforcement official
12shall not:
13    (1) coerce any person based upon the person's actual or
14perceived citizenship or immigration status or the actual or
15perceived citizenship or immigration status of the person's
16family member;
17    (2) communicate a threat to deport that person or any
18family member of that person under circumstances that
19reasonably tend to produce a fear that the threat will be
20carried out; or
21    (3) otherwise subject a person to verbal abuse as defined
22by Section 10 of this Act.
 
23    Section 30. Other prohibited activities; registry
24programs. A State or local government agency or official shall

 

 

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1not expend any time, facilities, equipment, information, or
2other resources of the agency or official to facilitate the
3creation, publication, or maintenance of any federal program
4with the purpose of registering or maintaining a database of
5individuals present in the United States based on their race,
6color, ancestry, national origin, or religion, or to facilitate
7the participation in such a program of any residents of the
8jurisdiction served by that agency or official.
 
9    Section 35. Certifications for victims of qualifying
10criminal activity.
11    (a) A certifying agency shall complete a certification form
12requested by any victim of qualifying criminal activity as
13defined in Section 10 of this Act within 90 days of receiving
14the request, except as otherwise required under this subsection
15(a). If the victim of qualifying criminal activity is in
16federal immigration removal proceedings or detained, then the
17certifying agency shall complete the certification form no
18later than 14 days after the request is received by the agency.
19If the victim's children, parents, or siblings will become
20ineligible for benefits under Sections 1184(p) and 1184(o) of
21Title 8 of the United States Code by virtue of the victim's
22children having reached the age of 21 years, the victim having
23reached the age of 21 years, or the victim's sibling having
24reached the age of 18 years within 90 days from the date that
25the certifying agency receives the certification request, the

 

 

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1certifying agency shall complete the certification form no
2later than 14 days after the request is received by the agency,
3or if the loss of the benefit would occur less than 14 days of
4receipt of the certification request, the agency shall complete
5a certification form within 3 days. Requests for expedited
6completion of a certification form shall be affirmatively
7raised by the victim or representative of the victim.
8    (b) A request for completion of a certification form under
9subsection (a) of this Section may be submitted by a
10representative of the victim, including, but not limited to, an
11attorney, accredited representative, or domestic violence
12service provider. A certifying agency may decline to complete
13the certification form requested under subsection (a) of this
14Section only if, after a good faith inquiry, the agency cannot
15determine that the applicant is a victim of qualifying criminal
16activity as defined in Section 10 of this Act.
17    (c) Each certifying agency has independent legal authority
18to complete and issue a certification form. The head of each
19certifying agency, or a designated agent who performs a
20supervisory role within the certifying agency, shall perform
21the following responsibilities:
22        (1) respond to requests for certifications as required
23    by this Section;
24        (2) make information regarding the agency's procedures
25    for certification requests publicly available for victims
26    of qualifying criminal activity and their representatives;

 

 

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1    and
2        (3) keep written records of all certification requests
3    and responses, which shall be reported to the Illinois
4    Trust Act Compliance Board on an annual basis.
5    (d) A certifying agency shall complete and reissue a
6certification form within 90 days of receiving a request to
7reissue. If the victim seeking recertification has a deadline
8to respond to a request for evidence from United States
9Citizenship and Immigration Services, the certifying agency
10shall complete and issue the form no later than 14 days after
11the request is received by the agency. Requests for expedited
12re-certification shall be affirmatively raised by the victim or
13representative of the victim.
14    (e) Notwithstanding any other provision of this Section, a
15certifying agency's completion of a certification form shall
16not be considered sufficient evidence that an applicant for a U
17or T visa has met all eligibility requirements for that visa
18and completion of a certification form by a certifying agency
19shall not be construed to guarantee that the victim will
20receive federal immigration relief. It is the exclusive
21responsibility of federal immigration officials to determine
22whether any individual is eligible for a U or T visa.
23Completion of a certification form by a certifying agency
24merely verifies factual information relevant to the
25immigration benefit sought, including information relevant for
26federal immigration officials to determine eligibility for a U

 

 

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1or T visa. By completing a certification form, the certifying
2agency attests that the information is true and correct to the
3best of the certifying official's knowledge. If, after
4completion of a certification form, the victim unreasonably
5refuses to assist in the investigation or prosecution of the
6qualifying criminal activity of which he or she is a victim,
7then the certifying agency may notify United States Citizenship
8and Immigration Services in writing.
9    (f) All certifying agencies not subject to the training
10requirements established in Section 10.17-5 of the Illinois
11Police Training Act shall adopt a training program on U and T
12nonimmigrant visas and other remedies for immigrant victims of
13qualifying criminal activity.
14    (g) All certifying agencies shall adopt and implement a
15language access protocol for non-English speaking victims of
16qualifying criminal activity.
 
17    Section 40. Certain State-funded schools and facilities.
18    (a) Absent a judicial warrant or probable cause of criminal
19activity (not including an offense related to immigration
20status, including, but not limited to, a violation of Section
211253, 1304, 1306 (a) or (b), 1325, or 1326 of Title 8 of the
22United States Code), a government official shall not make
23arrests in the following State-funded facilities or their
24adjacent grounds:
25        (1) State-funded schools, including licensed day care

 

 

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1    centers, pre-schools, and other early learning programs;
2    elementary and secondary schools, and institutions of
3    higher education.
4        (2) State-funded medical treatment and health care
5    facilities, including hospitals, health clinics, emergency
6    or urgent care facilities, nursing homes, group homes for
7    persons with developmental disabilities,
8    community-integrated living arrangements, and State mental
9    health facilities.
10        (3) Facilities operated by the Office of the Secretary
11    of State.
12        (4) Circuit courts, State appellate courts, or the
13    Supreme Court.
14    (b) Employees of elementary and secondary schools in this
15State and institutions of higher education in this State shall
16not inquire about a student's citizenship or immigration status
17or that of the student's family members, except in cases of
18in-State or in-district tuition verification, scholarships,
19grants, or services that are contingent upon this information.
20State agencies and State-funded medical treatment and health
21care facilities shall not inquire about or request proof of
22citizenship or immigration status when providing services or
23benefits, except when the receipt of the services or benefits
24is contingent upon the person's immigration or citizenship
25status or when inquiries are otherwise lawfully required by
26federal, State, or local laws. State agencies and State-funded

 

 

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1medical treatment and health care facilities shall not collect
2information regarding a person's citizenship or immigration
3status, except as required by federal or State law.
4    (c) Beginning 120 days after the effective date of this
5Act, except as required by federal, State, or local law, no new
6applications, questionnaires, or interview forms used in
7relation to benefits, opportunities, or services provided by a
8State agency or in-State or in-district tuition verification,
9scholarships, grants, or services provided by a public
10elementary or secondary school or public institution of higher
11education may contain any questions regarding citizenship or
12immigration status.
13    (d) The appropriate personnel of a facility listed in
14paragraph (1) of subsection (a) of this Section shall develop a
15plan within 90 days after the effective date of this Act to
16provide assistance, information, and safety to persons who are
17concerned about the government's immigration enforcement
18efforts. The appropriate personnel of a facility listed in
19paragraph (2) of subsection (a) of this Section shall make
20information available to patients to address concerns about the
21government's immigration enforcement efforts.
22    (e) Information or documents regarding an individual's
23citizenship or immigration status are confidential
24information. Absent a judicial warrant or court-ordered
25subpoena, a school, institution of higher education, State
26agency, State-funded medical treatment or health care facility

 

 

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1that collects information or documents regarding an
2individual's citizenship or immigration status under federal
3or State law shall not disclose or otherwise make available to
4any person or entity information or documents regarding an
5individual's citizenship or immigration status except when
6disclosure is necessary between a facility listed in paragraph
7(2) of subsection (a) of this Section and any other licensed
8health care facility or professional for the provision of
9health care and except as provided under subsection (g) of this
10Section. Nothing in this Section is intended to prevent any
11entity from exchanging aggregated, de-identified information
12with State, local, or federal entities.
13    (f) A facility listed in paragraph (2) of subsection (a) of
14this Section may deny access, delay access, or limit access by
15law enforcement personnel, including immigration agents, based
16upon the medical condition or safety of patients or staff or
17based upon compliance with legal requirements, such as federal
18or State law governing patient privacy. A facility and an
19individual affiliated with that facility who, acting in good
20faith, either grants or denies access to the facility by law
21enforcement personnel, including immigration agents, under
22this Act shall be immune from any civil or criminal liability
23based upon the decision to grant or deny access.
24    (g) Nothing in this Section 40 shall be construed to
25prohibit or restrict any entity covered by Sections 1373 and
261644 of Title 8 of the United States Code from sending to, or

 

 

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1receiving from, the United States Department of Homeland
2Security or any other federal, State, or local government
3entity information regarding the citizenship or immigration
4status of any individual.
 
5    Section 45. Equal access to educational, rehabilitative,
6and diversionary programs in the criminal justice system.
7Neither the Department of Corrections nor any law enforcement
8agency may consider an immigration detainer or administrative
9warrant in determining an individual's eligibility or
10placement in any educational, rehabilitative, or diversionary
11program described in the Unified Code of Corrections or any
12other educational, rehabilitative, or diversionary program
13administered by a law enforcement agency.
 
14    Section 50. Compliance Board; oversight.
15    (a) The Governor shall appoint, with the advice and consent
16of the Senate, an Illinois Trust Act Compliance Board within 90
17days after the effective date of this Act. This Board shall
18consist of 13 members, serving terms of 3 years, and the
19members shall elect their chairperson. No more than 7 members
20shall be of the same political party. All appointments shall be
21made in writing and filed with the Secretary of State as a
22public record.
23    (b) The Board shall consist of the following members:
24        (1) one representative of the Governor's office;

 

 

SB0031 Engrossed- 21 -LRB100 04996 RJF 15006 b

1        (2) one representative of the Attorney General's
2    office;
3        (3) one representative of the Illinois Legislative
4    Latino Caucus;
5        (4) one representative of law enforcement from the
6    Chicago Police Department;
7        (5) one representative of law enforcement from Cook
8    County;
9        (6) 2 representatives of law enforcement from outside
10    of Cook County;
11        (7) one representative that advocates for immigrants
12    in the Latino or Hispanic community in this State;
13        (8) one representative that advocates for immigrants
14    in the Asian American community in this State;
15        (9) one representative that advocates for immigrants
16    in the African, Arab, or Muslim American community in this
17    State;
18        (10) one representative that advocates for immigrants
19    in this State;
20        (11) 2 representatives that advocate for immigrant
21    victims of domestic violence, sexual assault, or human
22    trafficking in this State;
23    (c) This Board shall be charged with the following
24responsibilities:
25        (1) monitoring compliance with this Act;
26        (2) disseminating information about this Act to

 

 

SB0031 Engrossed- 22 -LRB100 04996 RJF 15006 b

1    affected communities and the general public;
2        (3) establishing mechanisms by which the public can
3    report concerns and recommendations regarding
4    implementation of this Act;
5        (4) identifying implementation issues and other
6    trends, and providing recommendations to the Governor and
7    the Attorney General for addressing these issues;
8        (5) conducting research regarding sharing personally
9    identifiable information between law enforcement agencies
10    and federal Immigration and Customs Enforcement, including
11    but not limited to, research regarding:
12            (A) requests for or investigations involving
13        personally identifiable information by law enforcement
14        agencies and officials;
15            (B) sharing of information and data posted in the
16        Illinois Law Enforcement Agencies Database System
17        (LEADS) or any other State administered database to
18        which immigration agents have access;
19            (C) immigration agents' use of the LEADS database
20        or any other State administered database; and
21            (D) the impact of the requests, investigations,
22        and sharing and use of information on relations between
23        law enforcement agencies and immigrant communities;
24        (6) conducting additional research as may be
25    necessary, including, but not limited to, requesting and
26    disseminating data from law enforcement agencies relevant

 

 

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1    to this Act and this Act's impact on law enforcement
2    agencies, police-community relations, affected
3    communities, and the State overall;
4        (7) publishing a report of its activities no less than
5    once each calendar year; and
6        (8) any other responsibilities relating to this Act as
7    the Board may identify.
 
8    Section 115. The Illinois Notary Public Act is amended by
9changing Section 3-104 as follows:
 
10    (5 ILCS 312/3-104)  (from Ch. 102, par. 203-104)
11    Sec. 3-104. Maximum Fee.
12    (a) Except as provided in subsection (b) of this Section,
13the maximum fee in this State is $1.00 for any notarial act
14performed and, until July 1, 2018, up to $25 for any notarial
15act performed pursuant to Section 3-102.
16    (b) Fees for a notary public, agency, or any other person
17who is not an attorney or an accredited representative filling
18out immigration forms shall be limited to the following:
19        (1) $10 per form completion;
20        (2) $10 per page for the translation of a non-English
21    language into English where such translation is required
22    for immigration forms;
23        (3) $1 for notarizing;
24        (4) $3 to execute any procedures necessary to obtain a

 

 

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1    document required to complete immigration forms; and
2        (5) A maximum of $75 for one complete application.
3    Fees authorized under this subsection shall not include
4application fees required to be submitted with immigration
5applications.
6    Any person who violates the provisions of this subsection
7shall be guilty of a Class A misdemeanor for a first offense
8and a Class 3 felony for a second or subsequent offense
9committed within 5 years of a previous conviction for the same
10offense.
11    (c) Upon his own information or upon complaint of any
12person, the Attorney General or any State's Attorney, or their
13designee, may maintain an action for injunctive relief in the
14court against any notary public or any other person who
15violates the provisions of subsection (b) of this Section.
16These remedies are in addition to, and not in substitution for,
17other available remedies.
18    (c-5) Notwithstanding subsection (c) of this Section, any
19person may file a civil action to enforce the provisions of
20this subsection and maintain an action for injunctive relief,
21for compensatory damages to recover prohibited fees, or for
22such additional relief as may be appropriate to deter, prevent,
23or compensate for the violation. In order to deter violations
24of this Section, courts shall not require a showing of the
25traditional elements for equitable relief. A prevailing
26plaintiff may be awarded 3 times the prohibited fees, or a

 

 

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1minimum of $1,000 in punitive damages, attorney's fees, and
2costs of bringing an action under this Section. It is the
3express intent of the General Assembly that remedies for
4violation of this Section be cumulative. If the Attorney
5General or any State's Attorney fails to bring an action as
6provided pursuant to this subsection within 90 days of receipt
7of a complaint, any person may file a civil action to enforce
8the provisions of this subsection and maintain an action for
9injunctive relief.
10    (d) All notaries public must provide receipts and keep
11records for fees accepted for services provided. Failure to
12provide receipts and keep records that can be presented as
13evidence of no wrongdoing shall be construed as a presumptive
14admission of allegations raised in complaints against the
15notary for violations related to accepting prohibited fees.
16(Source: P.A. 98-29, eff. 6-21-13.)
 
17    Section 120. The Illinois Police Training Act is amended by
18adding Section 10.17-5 as follows:
 
19    (50 ILCS 705/10.17-5 new)
20    Sec. 10.17-5. Training program on federal nonimmigrant
21visas. The Board shall conduct or approve a training program on
22U and T nonimmigrant visas and other immigration remedies for
23immigrant victims of qualifying criminal activity as defined in
24Section 10 of the Illinois Trust Act. A law enforcement

 

 

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1agency's continuing education program shall provide to the head
2of the agency or the head of the agency's designee continuing
3education concerning U and T nonimmigrant visas, and continuing
4education concerning cultural diversity awareness.
 
5    Section 125. The Code of Criminal Procedure of 1963 is
6amended by changing Section 113-8 and by adding Section 110-5.2
7as follows:
 
8    (725 ILCS 5/110-5.2 new)
9    Sec. 110-5.2. Bail for persons subject to an immigration
10detainer. A person subject to an immigration detainer or
11administrative warrant shall not be denied bail solely on the
12basis of the immigration detainer or administrative warrant.
13Nothing in this Section may be construed to undermine the
14authority of a court to set bail or a bond determination under
15this Article.
 
16    (725 ILCS 5/113-8)
17    Sec. 113-8. Advisement concerning status as an alien.
18Before the acceptance of a plea of guilty, guilty but mentally
19ill, or nolo contendere to a misdemeanor or felony offense, the
20court shall give the following advisement to the defendant in
21open court:
22    "If you are not a citizen of the United States, you are
23hereby advised that conviction of the offense for which you

 

 

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1have been charged may have the consequences of deportation,
2exclusion from admission to the United States, or denial of
3naturalization under the laws of the United States.".
4    Nothing in this Section shall be construed to authorize or
5direct any court to request that the defendant state his or her
6immigration or citizenship status, or to require that the
7defendant provide such information.
8(Source: P.A. 93-373, eff. 1-1-04.)
 
9    Section 130. The Probation and Probation Officers Act is
10amended by changing Section 12 as follows:
 
11    (730 ILCS 110/12)  (from Ch. 38, par. 204-4)
12    Sec. 12. The duties of probation officers shall be:
13    (1) To investigate as required by Section 5-3-1 of the
14"Unified Code of Corrections", approved July 26, 1972, as
15amended, the case of any person to be placed on probation. Full
16opportunity shall be afforded a probation officer to confer
17with the person under investigation when such person is in
18custody.
19    (2) To notify the court of any previous conviction for
20crime or previous probation of any defendant invoking the
21provisions of this Act.
22    (3) All reports and notifications required in this Act to
23be made by probation officers shall be in writing and shall be
24filed by the clerk in the respective cases.

 

 

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1    (4) To preserve complete and accurate records of cases
2investigated, including a description of the person
3investigated, the action of the court with respect to his case
4and his probation, the subsequent history of such person, if he
5becomes a probationer, during the continuance of his probation,
6which records shall be open to inspection by any judge or by
7any probation officer pursuant to order of court, but shall not
8be a public record, and its contents shall not be divulged
9otherwise than as above provided, except upon order of court;
10provided that nothing in this Section shall be construed to
11require or direct any probation officer to (A) inquire to the
12United States Department of Homeland Security regarding the
13citizenship or immigration status of a person or (B) provide to
14the United States Department of Homeland Security any personal
15information regarding that person, unless otherwise required
16by law.
17    (5) To take charge of and watch over all persons placed on
18probation under such regulations and for such terms as may be
19prescribed by the court, and giving to each probationer full
20instructions as to the terms of his release upon probation and
21requiring from him such periodical reports as shall keep the
22officer informed as to his conduct.
23    (6) To develop and operate programs of reasonable public or
24community service for any persons ordered by the court to
25perform public or community service, providing, however, that
26no probation officer or any employee of a probation office

 

 

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1acting in the course of his official duties shall be liable for
2any tortious acts of any person performing public or community
3service except for wilful misconduct or gross negligence on the
4part of the probation officer or employee.
5    (7) When any person on probation removes from the county
6where his offense was committed, it shall be the duty of the
7officer under whose care he was placed to report the facts to
8the probation officer in the county to which the probationer
9has removed; and it shall thereupon become the duty of such
10probation officer to take charge of and watch over said
11probationer the same as if the case originated in that county;
12and for that purpose he shall have the same power and authority
13over said probationer as if he had been originally placed in
14said officer's charge; and such officer shall be required to
15report in writing every 6 months, or more frequently upon
16request the results of his supervision to the probation officer
17in whose charge the said probationer was originally placed by
18the court.
19    (8) To authorize travel permits to individuals under their
20supervision unless otherwise ordered by the court.
21    (9) To perform such other duties as are provided for in
22this act or by rules of court and such incidental duties as may
23be implied from those expressly required.
24    (10) To send written notification to a public housing
25agency if a person on probation for a felony who is under the
26supervision of the probation officer informs the probation

 

 

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1officer that he or she has resided, resides, or will reside at
2an address that is a housing facility owned, managed, operated,
3or leased by that public housing agency.
4    (11) If a person on probation for a felony offense who is
5under the supervision of the probation officer becomes a
6resident of a facility licensed or regulated by the Department
7of Public Health, the Illinois Department of Public Aid, or
8Illinois Department of Human Services, the probation officer
9shall within 3 days of the person becoming a resident, notify
10the licensing or regulating Department and licensed or
11regulated facility and shall provide the licensed or regulated
12facility and licensing or regulating Department with copies of
13the following:
14        (a) (blank);
15        (b) any applicable probation orders and corresponding
16    compliance plans;
17        (c) the name and contact information for the assigned
18    probation officer.
19(Source: P.A. 94-163, eff. 7-11-05; 94-752, eff. 5-10-06.)
 
20    Section 135. The Consumer Fraud and Deceptive Business
21Practices Act is amended by changing Section 2AA as follows:
 
22    (815 ILCS 505/2AA)
23    Sec. 2AA. Immigration services.
24    (a) "Immigration matter" means any proceeding, filing, or

 

 

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1action affecting the nonimmigrant, immigrant or citizenship
2status of any person that arises under immigration and
3naturalization law, executive order or presidential
4proclamation of the United States or any foreign country, or
5that arises under action of the United States Citizenship and
6Immigration Services, the United States Department of Labor, or
7the United States Department of State.
8    "Immigration assistance service" means any information or
9action provided or offered to customers or prospective
10customers related to immigration matters, excluding legal
11advice, recommending a specific course of legal action, or
12providing any other assistance that requires legal analysis,
13legal judgment, or interpretation of the law.
14    "Compensation" means money, property, services, promise of
15payment, or anything else of value.
16    "Employed by" means that a person is on the payroll of the
17employer and the employer deducts from the employee's paycheck
18social security and withholding taxes, or receives
19compensation from the employer on a commission basis or as an
20independent contractor.
21    "Reasonable costs" means actual costs or, if actual costs
22cannot be calculated, reasonably estimated costs of such things
23as photocopying, telephone calls, document requests, and
24filing fees for immigration forms, and other nominal costs
25incidental to assistance in an immigration matter.
26    (a-1) The General Assembly finds and declares that private

 

 

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1individuals who assist persons with immigration matters have a
2significant impact on the ability of their clients to reside
3and work within the United States and to establish and maintain
4stable families and business relationships. The General
5Assembly further finds that that assistance and its impact also
6have a significant effect on the cultural, social, and economic
7life of the State of Illinois and thereby substantially affect
8the public interest. It is the intent of the General Assembly
9to establish rules of practice and conduct for those
10individuals to promote honesty and fair dealing with residents
11and to preserve public confidence.
12    (a-5) The following persons are exempt from this Section,
13provided they prove the exemption by a preponderance of the
14evidence:
15        (1) An attorney licensed to practice law in any state
16    or territory of the United States, or of any foreign
17    country when authorized by the Illinois Supreme Court, to
18    the extent the attorney renders immigration assistance
19    service in the course of his or her practice as an
20    attorney.
21        (2) A legal intern, as described by the rules of the
22    Illinois Supreme Court, employed by and under the direct
23    supervision of a licensed attorney and rendering
24    immigration assistance service in the course of the
25    intern's employment.
26        (3) A not-for-profit organization recognized by the

 

 

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1    Board of Immigration Appeals under 8 C.F.R. 292.2(a) and
2    employees of those organizations accredited under 8 C.F.R.
3    292.2(d).
4        (4) Any organization employing or desiring to employ a
5    documented or undocumented immigrant or nonimmigrant
6    alien, where the organization, its employees or its agents
7    provide advice or assistance in immigration matters to
8    documented or undocumented immigrant or nonimmigrant alien
9    employees or potential employees without compensation from
10    the individuals to whom such advice or assistance is
11    provided.
12    Nothing in this Section shall regulate any business to the
13extent that such regulation is prohibited or preempted by State
14or federal law.
15    All other persons providing or offering to provide
16immigration assistance service shall be subject to this
17Section.
18    (b) Any person who provides or offers to provide
19immigration assistance service may perform only the following
20services:
21        (1) Completing a government agency form, requested by
22    the customer and appropriate to the customer's needs, only
23    if the completion of that form does not involve a legal
24    judgment for that particular matter.
25        (2) Transcribing responses to a government agency form
26    which is related to an immigration matter, but not advising

 

 

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1    a customer as to his or her answers on those forms.
2        (3) Translating information on forms to a customer and
3    translating the customer's answers to questions posed on
4    those forms.
5        (4) Securing for the customer supporting documents
6    currently in existence, such as birth and marriage
7    certificates, which may be needed to be submitted with
8    government agency forms.
9        (5) Translating documents from a foreign language into
10    English.
11        (6) Notarizing signatures on government agency forms,
12    if the person performing the service is a notary public of
13    the State of Illinois.
14        (7) Making referrals, without fee, to attorneys who
15    could undertake legal representation for a person in an
16    immigration matter.
17        (8) Preparing or arranging for the preparation of
18    photographs and fingerprints.
19        (9) Arranging for the performance of medical testing
20    (including X-rays and AIDS tests) and the obtaining of
21    reports of such test results.
22        (10) Conducting English language and civics courses.
23        (11) Other services that the Attorney General
24    determines by rule may be appropriately performed by such
25    persons in light of the purposes of this Section.
26    Fees for a notary public, agency, or any other person who

 

 

SB0031 Engrossed- 35 -LRB100 04996 RJF 15006 b

1is not an attorney or an accredited representative filling out
2immigration forms shall be limited to the maximum fees set
3forth in subsections (a) and (b) of Section 3-104 of the Notary
4Public Act (5 ILCS 312/3-104). The maximum fee schedule set
5forth in subsections (a) and (b) of Section 3-104 of the Notary
6Public Act shall apply to any person that provides or offers to
7provide immigration assistance service performing the services
8described therein. The Attorney General may promulgate rules
9establishing maximum fees that may be charged for any services
10not described in that subsection. The maximum fees must be
11reasonable in light of the costs of providing those services
12and the degree of professional skill required to provide the
13services.
14    No person subject to this Act shall charge fees directly or
15indirectly for referring an individual to an attorney or for
16any immigration matter not authorized by this Article, provided
17that a person may charge a fee for notarizing documents as
18permitted by the Illinois Notary Public Act.
19    (c) Any person performing such services shall register with
20the Illinois Attorney General and submit verification of
21malpractice insurance or of a surety bond.
22    (d) Except as provided otherwise in this subsection, before
23providing any assistance in an immigration matter a person
24shall provide the customer with a written contract that
25includes the following:
26        (1) An explanation of the services to be performed.

 

 

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1        (2) Identification of all compensation and costs to be
2    charged to the customer for the services to be performed.
3        (3) A statement that documents submitted in support of
4    an application for nonimmigrant, immigrant, or
5    naturalization status may not be retained by the person for
6    any purpose, including payment of compensation or costs.
7    This subsection does not apply to a not-for-profit
8organization that provides advice or assistance in immigration
9matters to clients without charge beyond a reasonable fee to
10reimburse the organization's or clinic's reasonable costs
11relating to providing immigration services to that client.
12    (e) Any person who provides or offers immigration
13assistance service and is not exempted from this Section, shall
14post signs at his or her place of business, setting forth
15information in English and in every other language in which the
16person provides or offers to provide immigration assistance
17service. Each language shall be on a separate sign. Signs shall
18be posted in a location where the signs will be visible to
19customers. Each sign shall be at least 11 inches by 17 inches,
20and shall contain the following:
21        (1) The statement "I AM NOT AN ATTORNEY LICENSED TO
22    PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES
23    FOR LEGAL ADVICE."
24        (2) The statement "I AM NOT ACCREDITED TO REPRESENT YOU
25    BEFORE THE UNITED STATES IMMIGRATION AND NATURALIZATION
26    SERVICE AND THE IMMIGRATION BOARD OF APPEALS."

 

 

SB0031 Engrossed- 37 -LRB100 04996 RJF 15006 b

1        (3) The fee schedule.
2        (4) The statement that "You may cancel any contract
3    within 3 working days and get your money back for services
4    not performed."
5        (5) Additional information the Attorney General may
6    require by rule.
7    Every person engaged in immigration assistance service who
8is not an attorney who advertises immigration assistance
9service in a language other than English, whether by radio,
10television, signs, pamphlets, newspapers, or other written
11communication, with the exception of a single desk plaque,
12shall include in the document, advertisement, stationery,
13letterhead, business card, or other comparable written
14material the following notice in English and the language in
15which the written communication appears. This notice shall be
16of a conspicuous size, if in writing, and shall state: "I AM
17NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN ILLINOIS AND MAY
18NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." If such
19advertisement is by radio or television, the statement may be
20modified but must include substantially the same message.
21    Any person who provides or offers immigration assistance
22service and is not exempted from this Section shall not, in any
23document, advertisement, stationery, letterhead, business
24card, or other comparable written material, literally
25translate from English into another language terms or titles
26including, but not limited to, notary public, notary, licensed,

 

 

SB0031 Engrossed- 38 -LRB100 04996 RJF 15006 b

1attorney, lawyer, or any other term that implies the person is
2an attorney. To illustrate, the words "notario" and "poder
3notarial" are prohibited under this provision.
4    If not subject to penalties under subsection (a) of Section
53-103 of the Notary Public Act (5 ILCS 312/3-103), violations
6of this subsection shall result in a fine of $1,000. Violations
7shall not preempt or preclude additional appropriate civil or
8criminal penalties.
9    (f) The written contract shall be in both English and in
10the language of the customer.
11    (g) A copy of the contract shall be provided to the
12customer upon the customer's execution of the contract.
13    (h) A customer has the right to rescind a contract within
1472 hours after his or her signing of the contract.
15    (i) Any documents identified in paragraph (3) of subsection
16(c) shall be returned upon demand of the customer.
17    (j) No person engaged in providing immigration services who
18is not exempted under this Section shall do any of the
19following:
20        (1) Make any statement that the person can or will
21    obtain special favors from or has special influence with
22    the United States Immigration and Naturalization Service
23    or any other government agency.
24        (2) Retain any compensation for service not performed.
25        (2.5) Accept payment in exchange for providing legal
26    advice or any other assistance that requires legal

 

 

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1    analysis, legal judgment, or interpretation of the law.
2        (3) Refuse to return documents supplied by, prepared on
3    behalf of, or paid for by the customer upon the request of
4    the customer. These documents must be returned upon request
5    even if there is a fee dispute between the immigration
6    assistant and the customer.
7        (4) Represent or advertise, in connection with the
8    provision assistance in immigration matters, other titles
9    of credentials, including but not limited to "notary
10    public" or "immigration consultant," that could cause a
11    customer to believe that the person possesses special
12    professional skills or is authorized to provide advice on
13    an immigration matter; provided that a notary public
14    appointed by the Illinois Secretary of State may use the
15    term "notary public" if the use is accompanied by the
16    statement that the person is not an attorney; the term
17    "notary public" may not be translated to another language;
18    for example "notario" is prohibited.
19        (5) Provide legal advice, recommend a specific course
20    of legal action, or provide any other assistance that
21    requires legal analysis, legal judgment, or interpretation
22    of the law.
23        (6) Make any misrepresentation of false statement,
24    directly or indirectly, to influence, persuade, or induce
25    patronage.
26    (k) (Blank)

 

 

SB0031 Engrossed- 40 -LRB100 04996 RJF 15006 b

1    (l) (Blank)
2    (m) Any person who violates any provision of this Section,
3or the rules and regulations issued under this Section, shall
4be guilty of a Class A misdemeanor for a first offense and a
5Class 3 felony for a second or subsequent offense committed
6within 5 years of a previous conviction for the same offense.
7    Upon his own information or upon the complaint of any
8person, the Attorney General or any State's Attorney, or a
9municipality with a population of more than 1,000,000, may
10maintain an action for injunctive relief and also seek a civil
11penalty not exceeding $50,000 in the circuit court against any
12person who violates any provision of this Section. These
13remedies are in addition to, and not in substitution for, other
14available remedies.
15    Notwithstanding this subsection (m), any If the Attorney
16General or any State's Attorney or a municipality with a
17population of more than 1,000,000 fails to bring an action as
18provided under this Section any person may file a civil action
19to enforce the provisions of this Article and maintain an
20action for injunctive relief, for compensatory damages to
21recover prohibited fees, or for such additional relief as may
22be appropriate to deter, prevent, or compensate for the
23violation. In order to deter violations of this Section, courts
24shall not require a showing of the traditional elements for
25equitable relief. A prevailing plaintiff may be awarded 3 times
26the prohibited fees or a minimum of $1,000 in punitive damages,

 

 

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1attorney's fees, and costs of bringing an action under this
2Section. It is the express intention of the General Assembly
3that remedies for violation of this Section be cumulative.
4    (n) No unit of local government, including any home rule
5unit, shall have the authority to regulate immigration
6assistance services unless such regulations are at least as
7stringent as those contained in this amendatory Act of 1992. It
8is declared to be the law of this State, pursuant to paragraph
9(i) of Section 6 of Article VII of the Illinois Constitution of
101970, that this amendatory Act of 1992 is a limitation on the
11authority of a home rule unit to exercise powers concurrently
12with the State. The limitations of this Section do not apply to
13a home rule unit that has, prior to the effective date of this
14amendatory Act, adopted an ordinance regulating immigration
15assistance services.
16    (o) This Section is severable under Section 1.31 of the
17Statute on Statutes.
18    (p) The Attorney General shall issue rules not inconsistent
19with this Section for the implementation, administration, and
20enforcement of this Section. The rules may provide for the
21following:
22        (1) The content, print size, and print style of the
23    signs required under subsection (e). Print sizes and styles
24    may vary from language to language.
25        (2) Standard forms for use in the administration of
26    this Section.

 

 

SB0031 Engrossed- 42 -LRB100 04996 RJF 15006 b

1        (3) Any additional requirements deemed necessary.
2(Source: P.A. 99-679, eff. 1-1-17.)
 
3    Section 997. Severability. The provisions of this Act are
4severable under Section 1.31 of the Statute on Statutes.
 
5    Section 999. Effective date. This Act takes effect upon
6becoming law.