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Full Text of SB0031  100th General Assembly

SB0031ham001 100TH GENERAL ASSEMBLY

Rep. Emanuel Chris Welch

Filed: 5/23/2017

 

 


 

 


 
10000SB0031ham001LRB100 04996 SLF 26916 a

1
AMENDMENT TO SENATE BILL 31

2    AMENDMENT NO. ______. Amend Senate Bill 31 as follows:
 
3    "Section 1. Short title. This Act may be cited as the
4Illinois TRUST Act.
 
5    Section 5. Legislative intent. It is the intent of the
6General Assembly that this Act shall not be construed as
7providing, expanding, or ratifying the legal authority for any
8State or local law enforcement agency to detain an individual
9on an immigration detainer or nonjudicial immigration warrant,
10or perform any other civil immigration enforcement function.
11State law does not grant State or local law enforcement the
12authority to enforce federal civil immigration laws.
13Interactions between State and local law enforcement and
14federal immigration agents shall be consistent and uniform
15throughout the State.
 

 

 

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1    Section 10. Definitions. In this Act:
2    "Certification form" means any law enforcement
3certification form or statement required by federal
4immigration law certifying that a person is a victim of
5qualifying criminal activity including, but not limited to, the
6information required by Section 1184(p) of Title 8 of the
7United States Code (including current United States
8Citizenship and Immigration Service Form I-918, Supplement B,
9or any successor form) for purposes of obtaining a U visa, or
10by Section 1184(o) of Title 8 of the United States Code
11(including current United States Citizenship and Immigration
12Service Form I-914, Supplement B, or any successor form) for
13purposes of obtaining a T visa.
14    "Certifying agency" means a State or local law enforcement
15agency, prosecutor, or other public authority that has
16responsibility for the detection, investigation, or
17prosecution of criminal activity including an agency that has
18criminal investigative jurisdiction in its respective areas of
19expertise. "Certifying agency" also includes the Department of
20Labor, the Department of Children and Family Services, the
21Department of Human Services, and the Illinois Workers'
22Compensation Commission. "Certifying agency" does not include
23any State court.
24    "Certifying official" means the head of a certifying agency
25as defined in this Section, or a person within the agency
26performing a supervisory role who is specifically designated by

 

 

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1the head of the certifying agency to respond to requests for
2certification forms or a person within another certifying
3agency specifically designated by agreement between the heads
4of the agencies to respond to requests for certification forms.
5    "Contact information" means home address, work address,
6telephone number, electronic mail address, social media
7information, or any other personal identifying information
8that could be used as a means to contact a person.
9    "Eligible for release from custody" means that the person
10may be released from custody because one of the following
11conditions has occurred:
12        (1) all criminal charges against the person have been
13    dropped or dismissed;
14        (2) the person has been acquitted of all criminal
15    charges filed against him or her;
16        (3) the person has served all the time required for his
17    or her sentence;
18        (4) the person has posted a bond or has been released
19    on his or her own recognizance; or
20        (5) the person is otherwise eligible for release.
21    "Immigration agent" means an agent of federal Immigration
22and Customs Enforcement, federal Customs and Border
23Protection, a person authorized to conduct enforcement of civil
24immigration laws under Section 1357(g) of Title 8 of the United
25States Code or any other federal law, any other federal agent
26charged with enforcement of civil immigration laws, or any

 

 

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1successor agent.
2    "Immigration detainer" means a document issued by an
3immigration agent to a State or local law enforcement agency
4that requests that the law enforcement agency provide notice of
5release or maintain custody of a person that is not approved
6and signed by a judge, including a detainer issued under
7Section 1226 or 1357 of Title 8 of the United States Code or
8Section 236.1 or 287.7 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.
13    "Law enforcement official" means any officer or other agent
14of a State or local law enforcement agency authorized to
15enforce criminal laws, rules, regulations, or local ordinances
16or to operate jails, correctional facilities, or juvenile
17detention facilities or to maintain custody of persons in
18jails, correctional facilities, or juvenile detention
19facilities.
20    "Nonjudicial immigration warrant" means a Form I-200 or
21I-205 administrative warrant or any other immigration warrant
22or request from an immigration agent to arrest or detain a
23person that is not approved and signed by a judge, including
24administrative warrants entered into the Federal Bureau of
25Investigation's National Crime Information Center database.
26    "Qualifying criminal activity" means any activity,

 

 

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1regardless of the stage of detection, investigation, or
2prosecution, designated in Section 1101(a)(15)(U)(iii) of
3Title 8 of the United States Code and any implementing federal
4regulations, and includes one or more of the following or any
5similar activity in violation of federal, State, or local
6criminal law: rape; torture; trafficking; incest; domestic
7violence; sexual assault; abusive sexual contact;
8prostitution; sexual exploitation; stalking; female genital
9mutilation; being held hostage; peonage; involuntary
10servitude; slave trade; kidnapping; abduction; unlawful
11criminal restraint; false imprisonment; blackmail; extortion;
12manslaughter; murder; felonious assault; witness tampering;
13obstruction of justice; perjury; fraud in foreign labor
14contracting (as defined in Section 1351 of Title 18 of the
15United States Code); or attempt, conspiracy, or solicitation to
16commit any of the above mentioned crimes; and any criminal
17activity that has an articulable similarity to any activity
18listed under this definition, but is not specifically listed
19under this definition. "Qualifying criminal activity" also
20means any qualifying criminal activity that occurs during the
21commission of non-qualifying criminal activity, regardless of
22whether or not criminal prosecution was sought for the
23qualifying criminal activity. Criminal activity may be
24considered qualifying criminal activity regardless of how much
25time has elapsed since its commission.
26    "Victim of qualifying criminal activity" means a person

 

 

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

 

 

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1as a result of a cognitive impairment or other physical
2limitation, because of physical restraint or disappearance, or
3because the victim was a minor at the time the crime was
4committed and reported.
 
5    Section 15. Prohibited immigration enforcement activities;
6exceptions.
7    (a) A law enforcement agency or official shall not detain
8or continue to detain a person solely on the basis of an
9immigration detainer or nonjudicial immigration warrant after
10that person becomes eligible for release from custody or
11otherwise comply with an immigration detainer or nonjudicial
12immigration warrant. However, in the exercise of discretion, a
13law enforcement agency or official may comply with an
14immigration detainer or nonjudicial immigration warrant
15request if there is probable cause to believe that the person
16has or is engaged in a terrorist act as defined by Section
1729D-10 the Criminal Code of 2012.
18    (b) A law enforcement agency or official shall not stop,
19arrest, search, detain, or continue to detain a person solely
20based on the person's citizenship or immigration status, a
21nonjudicial immigration warrant or immigration detainer, the
22person's possession of a temporary visitor's driver's license
23issued by the Secretary of State under the Illinois Vehicle
24Code, or the person's possession of a passport, consular
25identification document, or other identification document

 

 

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1issued by a foreign government. However, in the exercise of
2discretion, a law enforcement agency or official may comply
3with an immigration detainer or nonjudicial immigration
4warrant if there is probable cause to believe that the person
5has or is engaged in a terrorist act as defined by Section
629D-10 of Criminal Code of 2012.
7    (c) A law enforcement agency or official shall not inquire
8about the citizenship or immigration status of a person,
9including a crime victim, witness, or a person who calls or
10approaches the law enforcement agency or official seeking
11assistance, unless necessary to investigate criminal activity.
12Nothing in this subsection (c) shall be construed to limit the
13ability of a law enforcement agency or official to ask a person
14in the law enforcement agency's custody about that person's
15country of nationality for purposes of facilitating
16communication with consular officers from that person's
17country of nationality under the Vienna Convention on Consular
18Relations.
19    (d) A law enforcement agency or official shall not enter
20into an agreement under Section 1357(g) of Title 8 of the
21United States Code or any other federal law that permits State
22or local governmental entities to enforce federal civil
23immigration laws.
24    (e) Nothing in this Section shall be construed to prohibit
25or restrict an entity from sending to, or receiving from, the
26United States Department of Homeland Security or other federal,

 

 

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1State, or local government entity information regarding the
2citizenship or immigration status of a person under Sections
31373 and 1644 of Title 8 of the United States Code.
4    (f) Nothing in this Section shall be construed as
5restricting an expenditure or activity necessary to the
6performance by the State, a unit of local government, or a law
7enforcement or other agency, official, employee, or agent of
8any obligations under any contract between the State, the unit
9of local government, or the agency and federal officials
10regarding the use of a facility to detain persons in federal
11immigration removal proceedings.
 
12    Section 20. Other prohibited activities; registry
13programs. A State or local government agency or official shall
14not expend any time, facilities, equipment, information, or
15other resources of the agency or official to facilitate the
16creation, publication, or maintenance of a federal program with
17the purpose of registering or maintaining a database of persons
18present in the United States based on their race, color,
19ancestry, national origin, or religion.
 
20    Section 25. Certifications for victims of qualifying
21criminal activity.
22    (a) Upon a receipt of a request from a victim of qualifying
23criminal activity, as defined in Section 10 of this Act, or the
24victim's representative for completion of a certification form

 

 

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1by a certifying agency, the designated certifying official for
2the agency shall complete and issue the certification form,
3except that the certifying official may decline, by written
4notice to the requesting victim or the victim's representative,
5to complete the certification form requested under this
6subsection only if, after a good faith inquiry, the agency
7cannot determine that the applicant is a victim of qualifying
8criminal activity as defined in Section 10 of this Act. The
9certifying official shall complete and issue the certification
10form within 90 business days of receiving the request, except:
11        (1) if the victim of qualifying criminal activity is in
12    federal immigration removal proceedings or detained, then
13    the certifying official shall complete the certification
14    form no later than 14 business days after the request is
15    received by the agency; and
16        (2) if the victim's children, parents, or siblings
17    would become ineligible for benefits under Sections
18    1184(p) and 1184(o) of Title 8 of the United States Code by
19    virtue of the victim's children having reached the age of
20    21 years, the victim having reached the age of 21 years, or
21    the victim's sibling having reached the age of 18 years
22    within 90 business days from the date that the certifying
23    agency receives the certification request, the certifying
24    official shall complete the certification form no later
25    than 14 business days after the request is received by the
26    agency, or if the loss of the benefit would occur less than

 

 

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1    14 business days of receipt of the certification request,
2    the certifying official shall complete a certification
3    form within 5 business days.
4    Requests for expedited completion of a certification form
5under paragraphs (1) and (2) of this subsection (a) shall be
6affirmatively raised by the victim or representative of the
7victim in writing by the victim or representative of the victim
8and shall establish that the victim is eligible for expedited
9review.
10    (b) A request for completion of a certification form under
11subsection (a) of this Section may be submitted by a
12representative of the victim, including, but not limited to, an
13attorney, accredited representative, or domestic violence
14service provider.
15    (c) Each certifying agency has independent legal authority
16to complete and issue a certification form. A certifying
17official from each certifying agency shall perform the
18following responsibilities:
19        (1) respond to requests for certifications as required
20    by this Section; and
21        (2) make information regarding the agency's procedures
22    for certification requests publicly available for victims
23    of qualifying criminal activity and their representatives.
24    (d) A certifying official shall complete and reissue a
25certification form within 90 business days of receiving a
26request to reissue. If the victim seeking recertification has a

 

 

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1deadline to respond to a request for evidence from United
2States Citizenship and Immigration Services, the certifying
3official shall complete and issue the form no later than 14
4business days after the request is received by the certifying
5official. Requests for expedited recertification shall be
6affirmatively raised by the victim or representative of the
7victim in writing by the victim or representative of the victim
8and shall establish that the victim is eligible for expedited
9review.
10    (e) Notwithstanding any other provision of this Section, a
11certifying official's completion of a certification form shall
12not be considered sufficient evidence that an applicant for a U
13or T visa has met all eligibility requirements for that visa
14and completion of a certification form by a certifying agency
15shall not be construed to guarantee that the victim will
16receive federal immigration relief. It is the exclusive
17responsibility of federal immigration officials to determine
18whether a person is eligible for a U or T visa. Completion of a
19certification form by a certifying official merely verifies
20factual information relevant to the immigration benefit
21sought, including information relevant for federal immigration
22officials to determine eligibility for a U or T visa. By
23completing a certification form, the certifying official
24attests that the information is true and correct to the best of
25the certifying official's knowledge. If, after completion of a
26certification form, the certifying official later determines

 

 

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1the person was not the victim of qualifying criminal activity
2or the victim unreasonably refuses to assist in the
3investigation or prosecution of the qualifying criminal
4activity of which he or she is a victim, then the certifying
5official may notify United States Citizenship and Immigration
6Services in writing.
 
7    Section 30. Certain State-funded schools and facilities.
8    (a) It is the intent of the Illinois General Assembly to
9recognize "safe zones" within the State of Illinois. These
10"safe zones" are sensitive locations where persons should feel
11safe and protected by the Fourth Amendment of the U.S.
12Constitution, Article I, Section 6 of the Illinois
13Constitution, and all other relevant Constitutional and legal
14protections. It is in the best interest of this State and its
15residents that children and adult learners feel safe while at
16school, universities, libraries, and other educational
17institutions, that persons seek medical attention without
18fear, and that residents of this State present themselves at
19court hearings, all without fear of unlawful arrest or family
20separation without regard to race, religion, national origin,
21gender identity, sexual orientation, or immigration status.
22    (b) Absent a judicial warrant or probable cause of criminal
23activity (not including an offense related to immigration
24status, including, but not limited to, a violation of Section
251253, 1304, 1306 (a) or (b), 1325, or 1326 of Title 8 of the

 

 

10000SB0031ham001- 14 -LRB100 04996 SLF 26916 a

1United States Code), law enforcement officials may not provide
2assistance or support to immigration agents, as defined in
3Section 10 in making arrests in the following State-funded
4facilities:
5        (1) Schools, including licensed day care centers,
6    pre-schools, and other early learning programs; elementary
7    and secondary schools, and institutions of higher
8    education.
9        (2) Medical treatment and health care facilities,
10    including hospitals, health clinics, emergency or urgent
11    care facilities, nursing homes, group homes for persons
12    with developmental disabilities, community-integrated
13    living arrangements, and State mental health facilities.
14        (3) Public libraries.
15        (4) Facilities operated by the Office of the Secretary
16    of State.
17        (5) Circuit courts, State appellate courts, or the
18    Supreme Court.
19    (c) Employees of elementary and secondary schools in this
20State and institutions of higher education in this State shall
21not inquire about a student's citizenship or immigration status
22or that of the student's family members, except in cases of
23in-State or in-district tuition verification, scholarships,
24grants, or services that are contingent upon this information
25or otherwise required by law. State agencies and State-funded
26medical treatment and health care facilities shall not inquire

 

 

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1about or request proof of citizenship or immigration status
2when providing services or benefits, except when the receipt of
3the services or benefits is contingent upon the person's
4immigration or citizenship status or when inquiries are
5otherwise required by law. State agencies and State-funded
6medical treatment and health care facilities shall not collect
7information regarding a person's citizenship or immigration
8status, except as required by law.
9    (d) Beginning 120 days after the effective date of this
10Act, except as required by law, no new applications,
11questionnaires, or interview forms used in relation to
12benefits, opportunities, or services provided by a State agency
13or in-State or in-district tuition verification, scholarships,
14grants, or services provided by a public elementary or
15secondary school or public institution of higher education may
16contain any questions regarding citizenship or immigration
17status.
18    (e) Information or documents relating to a person's
19citizenship or immigration status are confidential
20information. Absent a judicial warrant or court-ordered
21subpoena, a school, institution of higher education, State
22agency, State-funded medical treatment, or healthcare facility
23that collects information or documents relating to a person's
24citizenship or immigration status under federal or State law
25shall not disclose or otherwise make available to any person or
26entity information or documents relating to a person's

 

 

10000SB0031ham001- 16 -LRB100 04996 SLF 26916 a

1citizenship or immigration status except when disclosure is
2necessary between a facility listed in paragraph (2) of
3subsection (b) of this Section and any other licensed health
4care facility or professional for the provision of health care
5and except as provided under subsection (g) of this Section.
6Nothing in this Section is intended to prevent any entity from
7exchanging aggregated, de-identified information with State,
8local, or federal entities.
9    (f) A facility listed in paragraph (2) of subsection (b) of
10this Section may deny access, delay access, or limit access by
11law enforcement personnel, including immigration agents, based
12upon the medical condition or safety of patients or staff or
13based upon compliance with legal requirements, including
14federal or State law governing patient privacy. A facility and
15a person affiliated with that facility who, acting in good
16faith, either grants or denies access to the facility by law
17enforcement personnel, including an immigration agent, under
18this Act shall be immune from any civil or criminal liability
19based upon the decision to grant or deny access.
20    (g) Nothing in this Section shall be construed to prohibit
21or restrict an entity subject to the requirements of Sections
221373 and 1644 of Title 8 of the United States Code from sending
23to, or receiving from, the United States Department of Homeland
24Security or any other federal, State, or local government
25entity information regarding the citizenship or immigration
26status of a person.
 

 

 

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1    Section 35. Equal access to educational, rehabilitative,
2and diversionary programs in the criminal justice system. A law
3enforcement agency shall not consider an immigration detainer
4or nonjudicial immigration warrant in determining a person's
5eligibility or placement in any educational, rehabilitative,
6or diversionary program described in the Unified Code of
7Corrections or any other educational, rehabilitative, or
8diversionary program administered by a law enforcement agency.
 
9    Section 100. The Illinois Police Training Act is amended by
10adding Section 10.17-5 as follows:
 
11    (50 ILCS 705/10.17-5 new)
12    Sec. 10.17-5. Training program on federal nonimmigrant
13visas. The Board shall conduct or approve a training program on
14U and T nonimmigrant visas and other immigration remedies for
15immigrant victims of qualifying criminal activity as defined in
16Section 10 of the Illinois TRUST Act. A law enforcement
17agency's continuing education program shall provide to the head
18of the agency or the head of the agency's designee continuing
19education concerning U and T nonimmigrant visas and continuing
20education concerning cultural diversity awareness.
 
21    Section 105. The Code of Criminal Procedure of 1963 is
22amended by changing Section 113-8 and by adding Section 110-5.2

 

 

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1as follows:
 
2    (725 ILCS 5/110-5.2 new)
3    Sec. 110-5.2. Bail for persons subject to an immigration
4detainer. A person subject to an immigration detainer or
5nonjudicial immigration warrant, as defined in Section 10 of
6the Illinois TRUST Act, shall not be denied bail solely on the
7basis of the immigration detainer or nonjudicial immigration
8warrant. Nothing in this Section may be construed to undermine
9the authority of a court to set bail or a bond determination
10under this Article.
 
11    (725 ILCS 5/113-8)
12    Sec. 113-8. Advisement concerning status as an alien.
13Before the acceptance of a plea of guilty, guilty but mentally
14ill, or nolo contendere to a misdemeanor or felony offense, the
15court shall give the following advisement to the defendant in
16open court:
17    "If you are not a citizen of the United States, you are
18hereby advised that conviction of the offense for which you
19have been charged may have the consequences of deportation,
20exclusion from admission to the United States, or denial of
21naturalization under the laws of the United States.".
22    Nothing in this Section shall be construed to authorize or
23direct any court to request that the defendant state his or her
24immigration or citizenship status or to require that the

 

 

10000SB0031ham001- 19 -LRB100 04996 SLF 26916 a

1defendant provide that information.
2(Source: P.A. 93-373, eff. 1-1-04.)
 
3    Section 110. The Probation and Probation Officers Act is
4amended by changing Section 12 as follows:
 
5    (730 ILCS 110/12)  (from Ch. 38, par. 204-4)
6    Sec. 12. The duties of probation officers shall be:
7    (1) To investigate as required by Section 5-3-1 of the
8"Unified Code of Corrections", approved July 26, 1972, as
9amended, the case of any person to be placed on probation. Full
10opportunity shall be afforded a probation officer to confer
11with the person under investigation when such person is in
12custody.
13    (2) To notify the court of any previous conviction for
14crime or previous probation of any defendant invoking the
15provisions of this Act.
16    (3) All reports and notifications required in this Act to
17be made by probation officers shall be in writing and shall be
18filed by the clerk in the respective cases.
19    (4) To preserve complete and accurate records of cases
20investigated, including a description of the person
21investigated, the action of the court with respect to his case
22and his probation, the subsequent history of such person, if he
23becomes a probationer, during the continuance of his probation,
24which records shall be open to inspection by any judge or by

 

 

10000SB0031ham001- 20 -LRB100 04996 SLF 26916 a

1any probation officer pursuant to order of court, but shall not
2be a public record, and its contents shall not be divulged
3otherwise than as above provided, except upon order of court;
4provided that no probation officer shall communicate with
5federal Immigration and Customs Enforcement, or any successor
6agency regarding a probationer's case information, check-in
7information, or contact information as defined in Section 10 of
8the Illinois TRUST Act, unless otherwise required by law.
9    (5) To take charge of and watch over all persons placed on
10probation under such regulations and for such terms as may be
11prescribed by the court, and giving to each probationer full
12instructions as to the terms of his release upon probation and
13requiring from him such periodical reports as shall keep the
14officer informed as to his conduct.
15    (6) To develop and operate programs of reasonable public or
16community service for any persons ordered by the court to
17perform public or community service, providing, however, that
18no probation officer or any employee of a probation office
19acting in the course of his official duties shall be liable for
20any tortious acts of any person performing public or community
21service except for wilful misconduct or gross negligence on the
22part of the probation officer or employee.
23    (7) When any person on probation removes from the county
24where his offense was committed, it shall be the duty of the
25officer under whose care he was placed to report the facts to
26the probation officer in the county to which the probationer

 

 

10000SB0031ham001- 21 -LRB100 04996 SLF 26916 a

1has removed; and it shall thereupon become the duty of such
2probation officer to take charge of and watch over said
3probationer the same as if the case originated in that county;
4and for that purpose he shall have the same power and authority
5over said probationer as if he had been originally placed in
6said officer's charge; and such officer shall be required to
7report in writing every 6 months, or more frequently upon
8request the results of his supervision to the probation officer
9in whose charge the said probationer was originally placed by
10the court.
11    (8) To authorize travel permits to individuals under their
12supervision unless otherwise ordered by the court.
13    (9) To perform such other duties as are provided for in
14this act or by rules of court and such incidental duties as may
15be implied from those expressly required.
16    (10) To send written notification to a public housing
17agency if a person on probation for a felony who is under the
18supervision of the probation officer informs the probation
19officer that he or she has resided, resides, or will reside at
20an address that is a housing facility owned, managed, operated,
21or leased by that public housing agency.
22    (11) If a person on probation for a felony offense who is
23under the supervision of the probation officer becomes a
24resident of a facility licensed or regulated by the Department
25of Public Health, the Illinois Department of Public Aid, or
26Illinois Department of Human Services, the probation officer

 

 

10000SB0031ham001- 22 -LRB100 04996 SLF 26916 a

1shall within 3 days of the person becoming a resident, notify
2the licensing or regulating Department and licensed or
3regulated facility and shall provide the licensed or regulated
4facility and licensing or regulating Department with copies of
5the following:
6        (a) (blank);
7        (b) any applicable probation orders and corresponding
8    compliance plans;
9        (c) the name and contact information for the assigned
10    probation officer.
11(Source: P.A. 94-163, eff. 7-11-05; 94-752, eff. 5-10-06.)
 
12    Section 997. Severability. The provisions of this Act are
13severable under Section 1.31 of the Statute on Statutes.".