Sen. Omar Aquino
Filed: 5/11/2021
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1 | AMENDMENT TO SENATE BILL 667
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2 | AMENDMENT NO. ______. Amend Senate Bill 667, AS AMENDED, | ||||||
3 | with reference to page and line numbers on Senate Amendment | ||||||
4 | No. 1, on page 1, by replacing line 9 through line 14 on page 5 | ||||||
5 | with the following:
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6 | "(5 ILCS 805/5)
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7 | Sec. 5. Legislative purpose. Recognizing that State law | ||||||
8 | does not currently grant State or local law enforcement the | ||||||
9 | authority to enforce federal civil immigration laws, it is the | ||||||
10 | intent of the General Assembly that nothing in this Act shall | ||||||
11 | be construed to authorize any law enforcement agency or law | ||||||
12 | enforcement official to enforce federal civil immigration law. | ||||||
13 | The changes made to the definitions of immigration detainer | ||||||
14 | and civil immigration warrant (formerly "non-judicial | ||||||
15 | immigration warrant") by Section 10 of this amendatory Act of | ||||||
16 | the 102nd General Assembly are declarative of existing law. | ||||||
17 | This Act shall not be construed to prohibit or restrict any |
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1 | entity from sending to, or receiving from, the United States | ||||||
2 | Department of Homeland Security or other federal, State, or | ||||||
3 | local government entity information regarding the citizenship | ||||||
4 | or immigration status of any individual under Sections 1373 | ||||||
5 | and 1644 of Title 8 of the United States Code. Further, nothing | ||||||
6 | in this Act shall prevent a law enforcement officer from | ||||||
7 | contacting another law enforcement agency for the purposes of | ||||||
8 | clarifying or confirming the civil or criminal nature and | ||||||
9 | status of notifications or other records possible offenses in | ||||||
10 | a record provided by the National Crime Information Center , or | ||||||
11 | detaining someone based on a notification in the Law | ||||||
12 | Enforcement Agencies Data Administrative System unless it is | ||||||
13 | clear that request is based on a non-judicial immigration | ||||||
14 | warrant .
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15 | (Source: P.A. 100-463, eff. 8-28-17.) | ||||||
16 | (5 ILCS 805/10)
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17 | Sec. 10. Definitions. In this Act: | ||||||
18 | "Citizenship or immigration status" means all matters | ||||||
19 | regarding citizenship of the United States or any other | ||||||
20 | country or the authority to reside in or otherwise be present | ||||||
21 | in the United States. | ||||||
22 | "Civil immigration warrant" means any document that is not | ||||||
23 | approved or ordered by a judge that can form the basis for an | ||||||
24 | individual's arrest or detention for a civil immigration | ||||||
25 | enforcement purpose. "Civil immigration warrant" includes Form |
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1 | I-200 "Warrant for the Arrest of Alien," Form I-203 "Order to | ||||||
2 | Detain or Release Alien," Form I-205 "Warrant of | ||||||
3 | Removal/Deportation," Form I-286 "Notice of Custody | ||||||
4 | Determination," any predecessor or successor form, and all | ||||||
5 | warrants, hits, or requests contained in the "Immigration | ||||||
6 | Violator File" of the FBI's National Crime Information Center | ||||||
7 | (NCIC) database. "Civil immigration warrant" does not include | ||||||
8 | any criminal warrant. | ||||||
9 | "Contact information" means home address, work address, | ||||||
10 | telephone number, electronic mail address, social media | ||||||
11 | information, or any other personal identifying information | ||||||
12 | that could be used as a means to contact an individual. | ||||||
13 | "Immigration agent" means an agent of federal Immigration | ||||||
14 | and Customs Enforcement, federal Customs and Border | ||||||
15 | Protection, or any similar or successor agency. | ||||||
16 | "Immigration detainer" means a request to a State or local | ||||||
17 | law enforcement agency to provide notice of release or | ||||||
18 | maintain custody of an individual based on an alleged | ||||||
19 | violation of a civil immigration law, including detainers | ||||||
20 | issued under Sections 1226 or 1357 of Title 8 of the United | ||||||
21 | States Code or 287.7 or 236.1 of Title 8 of the Code of Federal | ||||||
22 | Regulations. "Immigration detainer" includes Form I-247A | ||||||
23 | "Immigration Detainer – Notice of Action" and any predecessor | ||||||
24 | or successor form. a document issued by an immigration agent | ||||||
25 | that is not approved or ordered by a judge and requests a law | ||||||
26 | enforcement agency or law enforcement official to provide |
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1 | notice of release or maintain custody of a person, including a | ||||||
2 | detainer issued under Section 1226 or 1357 of Title 8 of the | ||||||
3 | United States Code or Section 236.1 or 287.7 of Title 8 of the | ||||||
4 | Code of Federal Regulations. | ||||||
5 | "Law enforcement agency" means an agency of the State or | ||||||
6 | of a unit of local government charged with enforcement of | ||||||
7 | State, county, or municipal laws or with managing custody of | ||||||
8 | detained persons in the State. | ||||||
9 | "Law enforcement official" means any individual with the | ||||||
10 | power to arrest or detain individuals, including law | ||||||
11 | enforcement officers, county corrections officer, and others | ||||||
12 | employed or designated by a law enforcement agency. "Law | ||||||
13 | enforcement official" includes any probation officer. | ||||||
14 | "Non-judicial immigration warrant" means a Form I-200 or | ||||||
15 | I-205 administrative warrant or any other immigration warrant | ||||||
16 | or request that is not approved or ordered by a judge, | ||||||
17 | including administrative warrants entered into the Federal | ||||||
18 | Bureau of Investigation's National Crime Information Center | ||||||
19 | database.
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20 | (Source: P.A. 100-463, eff. 8-28-17.)".
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