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Full Text of SB0031  100th General Assembly

SB0031ham003 100TH GENERAL ASSEMBLY

Rep. Emanuel Chris Welch

Filed: 5/28/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 31

2    AMENDMENT NO. ______. Amend Senate Bill 31 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Illinois TRUST Act.
 
6    Section 5. Legislative Purpose. Recognizing that State law
7does not currently grant State or local law enforcement the
8authority to enforce federal civil immigration laws, it is the
9intent of the General Assembly that nothing in this Act shall
10be construed to authorize any law enforcement agency or law
11enforcement official to enforce federal civil immigration law.
12This Act shall not be construed to prohibit or restrict any
13entity from sending to, or receiving from, the United States
14Department of Homeland Security or other federal, State, or
15local government entity information regarding the citizenship
16or immigration status of any individual under Sections 1373 and

 

 

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11644 of Title 8 of the United States Code. Further, nothing in
2this Act shall prevent a law enforcement officer from
3contacting another law enforcement agency for the purposes of
4clarifying or confirming the nature and status of possible
5offenses in a record provided by the National Crime information
6Center, or detaining someone based on a notification in the Law
7Enforcement Agencies Data Administrative System unless it is
8clear that request is based on a non-judicial immigration
9warrant.
 
10    Section 10. Definitions. In this Act:
11    "Immigration detainer" means a document issued by an
12immigration agent that is not approved or ordered by a judge
13and requests a law enforcement agency or law enforcement
14official to provide notice of release or maintain custody of a
15person, including a detainer issued under Section 1226 or 1357
16of Title 8 of the United States Code or Section 236.1 or 287.7
17of Title 8 of the Code of Federal Regulations.
18    "Law enforcement agency" means an agency of the State or of
19a unit of local government charged with enforcement of State,
20county, or municipal laws or with managing custody of detained
21persons in the State.
22    "Law enforcement official" means any individual with the
23power to arrest or detain individuals, including law
24enforcement officers, county corrections officer, and others
25employed or designated by a law enforcement agency.

 

 

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1    "Non-judicial immigration warrant" means a Form I-200 or
2I-205 administrative warrant or any other immigration warrant
3or request that is not approved or ordered by a judge,
4including administrative warrants entered into the Federal
5Bureau of Investigation's National Crime Information Center
6database.
 
7    Section 15. Prohibition on enforcing federal civil
8immigration laws.
9    (a) A law enforcement agency or law enforcement official
10shall not detain or continue to detain any individual solely on
11the basis of any immigration detainer or non-judicial
12immigration warrant or otherwise comply with an immigration
13detainer or non-judicial immigration warrant.
14    (b) A law enforcement agency or law enforcement official
15shall not stop, arrest, search, detain, or continue to detain a
16person solely based on an individual's citizenship or
17immigration status.
18    (c) This Section 15 does not apply if a law enforcement
19agency or law enforcement official is presented with a valid,
20enforceable federal warrant. Nothing in this Section 15
21prohibits communication between federal agencies or officials
22and law enforcement agencies or officials.
23    (d) A law enforcement agency or law-enforcement official
24acting in good faith in compliance with this Section who
25releases a person subject to an immigration detainer or

 

 

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1non-judicial immigration warrant shall have immunity from any
2civil or criminal liability that might otherwise occur as a
3result of making the release, with the exception of willful or
4wanton misconduct.
 
5    Section 20. Law enforcement training. By January 1, 2018,
6every law enforcement agency shall provide guidance to its law
7enforcement officials on compliance with Section 15 of this
8Act.
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".