Sen. John J. Cullerton
Filed: 5/27/2014
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1 | AMENDMENT TO SENATE BILL 1011
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2 | AMENDMENT NO. ______. Amend Senate Bill 1011 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Code of Criminal Procedure of 1963 is | ||||||
5 | amended by adding Article 124C as follows: | ||||||
6 | (725 ILCS 5/Art. 124C heading new) | ||||||
7 | ARTICLE 124C. ILLINOIS TRUST ACT. | ||||||
8 | (725 ILCS 5/124C-1 new) | ||||||
9 | Sec. 124C-1. Short title. This Article may be cited as the | ||||||
10 | Illinois TRUST Act. | ||||||
11 | (725 ILCS 5/124C-5 new) | ||||||
12 | Sec. 124C-5. Preamble and findings. | ||||||
13 | (a) The State of Illinois is committed to fair and equal | ||||||
14 | treatment of all individuals in the enforcement of its criminal |
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1 | laws and the administration of its criminal justice system. | ||||||
2 | (b) Local law enforcement agencies rely on the trust of the | ||||||
3 | communities they serve so that all residents will feel safe in | ||||||
4 | reporting crimes and aiding the prosecution of suspects. | ||||||
5 | (c) The Illinois criminal justice system has become | ||||||
6 | increasingly entangled in enforcement of federal civil | ||||||
7 | immigration laws, and has been used by U.S. Immigration and | ||||||
8 | Customs Enforcement (ICE) as a vehicle for identifying | ||||||
9 | individuals whom that agency can target for detention and | ||||||
10 | removal from the United States. | ||||||
11 | (d) As documented by the University of Illinois Chicago, | ||||||
12 | entanglement of law enforcement agencies in federal | ||||||
13 | immigration enforcement erodes the public trust that those | ||||||
14 | agencies depend on to secure accurate reporting of criminal | ||||||
15 | activity and to prevent and solve crimes. Community policing | ||||||
16 | efforts are hindered when immigrant residents who are victims | ||||||
17 | of or witnesses to crime, including domestic violence, are less | ||||||
18 | likely to report crime or cooperate with law enforcement out of | ||||||
19 | fear that any contact with law enforcement could result in | ||||||
20 | deportation. Deterred from reporting to or cooperating with | ||||||
21 | local law enforcement, victims or witnesses may never learn | ||||||
22 | about or pursue opportunities for lawful status such as U and T | ||||||
23 | nonimmigrant visas, which are intended in part to encourage | ||||||
24 | people to report crimes. | ||||||
25 | (e) While several law enforcement agencies in Illinois have | ||||||
26 | distanced themselves from federal immigration authorities |
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1 | through trust-building measures such as not inquiring about | ||||||
2 | immigration status or reporting immigration-related | ||||||
3 | information, information-sharing mechanisms such as the | ||||||
4 | federal "Secure Communities" program and ICE access to the | ||||||
5 | State Law Enforcement Agencies Database System (LEADS) still | ||||||
6 | entangle local law enforcement in immigration enforcement. | ||||||
7 | (f) Through programs like "Secure Communities", ICE | ||||||
8 | identifies individuals in the criminal justice system against | ||||||
9 | whom it can issue immigration detainers. Immigration detainers | ||||||
10 | are voluntary requests from ICE to law enforcement agencies to | ||||||
11 | hold individuals in local jails for additional time beyond when | ||||||
12 | they would be eligible for release in a criminal matter. While | ||||||
13 | an immigration detainer requests that a law enforcement agency | ||||||
14 | detain an individual for civil immigration purposes, the | ||||||
15 | detainer does not confer civil immigration arrest authority, | ||||||
16 | and indeed State and local law enforcement have no arrest | ||||||
17 | authority for civil immigration matters. | ||||||
18 | (g) Between October 2011 and August 2013, ICE transmitted | ||||||
19 | 8,100 immigration detainers to police departments, jails, | ||||||
20 | prisons, and other institutions in Illinois. Of these, 5,629 | ||||||
21 | (69%) targeted individuals with no criminal convictions, and | ||||||
22 | another 1,809 (22%) targeted individuals convicted of only | ||||||
23 | minor offenses. Nationwide, roughly half of all immigration | ||||||
24 | detainers have targeted individuals with no criminal | ||||||
25 | convictions. Despite explicit guidance issued by ICE in | ||||||
26 | December 2012 restricting issuance of detainers, this |
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1 | disturbing pattern of targeting non-criminals has persisted, | ||||||
2 | according to ICE data analyzed by the Transactional Records | ||||||
3 | Access Center at Syracuse University. | ||||||
4 | (h) The State of Illinois notified ICE on May 4, 2011, of | ||||||
5 | its withdrawal from the Memorandum of Agreement under which the | ||||||
6 | State participated in the "Secure Communities" program. In | ||||||
7 | issuing its notice, the State cited concerns over the high | ||||||
8 | percentage of individuals whom ICE was arresting and deporting | ||||||
9 | under the program who had no criminal history. ICE responded on | ||||||
10 | August 5, 2011, by voiding the State's Memorandum of Agreement | ||||||
11 | and compelling the State to participate in "Secure | ||||||
12 | Communities." ICE ultimately activated the program throughout | ||||||
13 | Illinois as of January 22, 2013. | ||||||
14 | (i) As of November 30, 2013, nearly half (48%) of all | ||||||
15 | individuals from Illinois whom ICE has removed under "Secure | ||||||
16 | Communities" either have no criminal convictions or only a | ||||||
17 | single misdemeanor offense. More than 15% have never been | ||||||
18 | convicted of any offense. Nationwide, 20% of individuals | ||||||
19 | removed by ICE under "Secure Communities" have no criminal | ||||||
20 | convictions, and another 30% have convictions only for minor | ||||||
21 | offenses. | ||||||
22 | (j) By subjecting individuals with no criminal history or | ||||||
23 | only minor convictions to removal, ICE's use of immigration | ||||||
24 | detainers and programs like "Secure Communities" disrupt | ||||||
25 | families and communities, encourage racial and ethnic | ||||||
26 | profiling, burden taxpayers, and pose harm to our State as a |
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1 | whole. | ||||||
2 | (k) Unlike criminal detainers, which comply with | ||||||
3 | fundamental protections under the Fourth Amendment to the U.S. | ||||||
4 | Constitution and Article I, Section 6 of the Illinois | ||||||
5 | Constitution, immigration detainers do not require a showing of | ||||||
6 | probable cause or any of the other procedural protections that | ||||||
7 | undergird the right to be free from unreasonable searches or | ||||||
8 | seizures. Detainers can result in persons being held and | ||||||
9 | transferred into immigration detention without regard to | ||||||
10 | whether their arrest is the result of a mistake, or merely a | ||||||
11 | routine practice of questioning individuals involved in a | ||||||
12 | dispute without pressing charges. As a result, immigration | ||||||
13 | detainers have erroneously been placed on United States | ||||||
14 | citizens and on immigrants who are not deportable. | ||||||
15 | (l) State and local law enforcement agencies are not | ||||||
16 | reimbursed or indemnified by the federal government for the | ||||||
17 | full cost of responding to a detainer, which can include, but | ||||||
18 | is not limited to, extended detention time, the administrative | ||||||
19 | costs of tracking and responding to detainers, and costs or | ||||||
20 | liability incurred as a result of wrongful detainers. In | ||||||
21 | particular, law enforcement agencies must pay for the time | ||||||
22 | during which immigrants, who are deterred from posting bond by | ||||||
23 | immigration detainers, remain in law enforcement custody while | ||||||
24 | awaiting their day in court. Several recent federal court | ||||||
25 | decisions have ruled that local law enforcement agencies that | ||||||
26 | hold individuals solely based on immigration detainers can be |
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1 | held liable for violations of the individuals' constitutional | ||||||
2 | rights. All of these costs are borne by local taxpayers. | ||||||
3 | (m) Like immigration detainers, ICE administrative | ||||||
4 | warrants also fail to comply with the same fundamental | ||||||
5 | protections under the Fourth Amendment to the U.S. Constitution | ||||||
6 | and Article I, Section 6 of the Illinois Constitution. As with | ||||||
7 | immigration detainers, administrative warrants are voluntary | ||||||
8 | requests that generally do not confer arrest authority on State | ||||||
9 | and local law enforcement, and there is no independent State | ||||||
10 | arrest authority for civil immigration matters under an | ||||||
11 | administrative warrant. Accordingly, there is no State or local | ||||||
12 | law enforcement arrest authority for the majority of | ||||||
13 | immigration administrative warrants in the FBI's National | ||||||
14 | Crime Information Center (NCIC) database, which local law | ||||||
15 | enforcement agencies routinely use. As with immigration | ||||||
16 | detainers, State and local law enforcement are not reimbursed | ||||||
17 | for the significant costs of honoring administrative warrants. | ||||||
18 | Administrative warrants sow the same distrust of law | ||||||
19 | enforcement and result in similar societal costs as immigration | ||||||
20 | detainers. | ||||||
21 | (n) It is the intent of the Illinois General Assembly that | ||||||
22 | this Act shall not be construed as providing, expanding, or | ||||||
23 | ratifying the legal authority for any State or local law | ||||||
24 | enforcement agency to detain an individual on an immigration | ||||||
25 | detainer or administrative warrant. |
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1 | (725 ILCS 5/124C-10 new) | ||||||
2 | Sec. 124C-10. Definitions. | ||||||
3 | "Administrative warrant" means an immigration warrant of | ||||||
4 | arrest, order to detain or release aliens, notice of custody | ||||||
5 | determination, notice to appear, removal order, warrant of | ||||||
6 | removal, or any other document, issued by an immigration agent | ||||||
7 | that can form the basis for an individual's arrest or detention | ||||||
8 | for a civil immigration enforcement purpose. This definition | ||||||
9 | does not include any warrants issued by a criminal court upon a | ||||||
10 | determination of probable cause and in compliance with the | ||||||
11 | requirements of the Fourth Amendment to the U.S. Constitution | ||||||
12 | and Article I, Section 6 of the Illinois Constitution. | ||||||
13 | "Certification" means any law enforcement certification or | ||||||
14 | statement required by federal immigration law including, but | ||||||
15 | not limited to the information required by 8 U.S.C. § 1184(p) | ||||||
16 | and 8 U.S.C. § 1184(o), including current USCIS Form I-918, | ||||||
17 | Supplement B and USCIS Form I-914, Supplement B, respectively, | ||||||
18 | and any successor forms. | ||||||
19 | "Certifying agency" means a State or local law enforcement | ||||||
20 | agency, prosecutor, judge, or other authority, that has | ||||||
21 | responsibility for the investigation or prosecution of | ||||||
22 | criminal activity. This definition includes agencies that have | ||||||
23 | criminal investigative jurisdiction in their respective areas | ||||||
24 | of expertise, including but not limited to the Illinois | ||||||
25 | Department of Labor, Illinois Department of Child and Family | ||||||
26 | Services, the Illinois Department of Human Services, and the |
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1 | Illinois Workers' Compensation Commission. | ||||||
2 | "Citizenship or immigration status" means all matters | ||||||
3 | regarding questions of citizenship of the United States or any | ||||||
4 | other country, the authority to reside in or otherwise be | ||||||
5 | present in the United States, the time or manner of a person's | ||||||
6 | entry into the United States, or any other civil immigration | ||||||
7 | matter enforced by the Department of Homeland Security or other | ||||||
8 | federal agency charged with the enforcement of civil | ||||||
9 | immigration laws. | ||||||
10 | "Contact information" means home address, work address, | ||||||
11 | telephone number, electronic mail address, social media | ||||||
12 | contact information, or any other means of contacting an | ||||||
13 | individual. | ||||||
14 | "Criminal activity" means any activity defined under | ||||||
15 | Chapter 720 of the Illinois Compiled Statutes or any similar | ||||||
16 | activity under any city or municipal code regardless of whether | ||||||
17 | the activity resulted in a prosecution. | ||||||
18 | "Eligible for release from custody" means that the | ||||||
19 | individual may be released from custody because one of the | ||||||
20 | following conditions has occurred: | ||||||
21 | (1) All criminal charges against the individual have | ||||||
22 | been dropped or dismissed. | ||||||
23 | (2) The individual has been acquitted of all criminal | ||||||
24 | charges filed against him or her. | ||||||
25 | (3) The individual has served all the time required for | ||||||
26 | his or her sentence. |
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1 | (4) The individual has posted a bond. | ||||||
2 | (5) The individual is otherwise eligible for release | ||||||
3 | under State or local law, or local policy. | ||||||
4 | "Immigration agent" shall mean an agent of U.S. Immigration | ||||||
5 | and Customs Enforcement, U.S. Customs and Border Protection, | ||||||
6 | any individuals authorized to conduct enforcement of civil | ||||||
7 | immigration laws under 8 U.S.C. § 1357(g) or any other federal | ||||||
8 | law, other federal agents charged with enforcement of civil | ||||||
9 | immigration laws, and any successors. | ||||||
10 | "Immigration detainer" means a document issued by an | ||||||
11 | immigration agent to a federal, State, or local law enforcement | ||||||
12 | agency that requests that the law enforcement agency provide | ||||||
13 | notice of release or maintain custody of the individual based | ||||||
14 | on an alleged violation of a civil immigration law, including | ||||||
15 | detainers issued under Section 287.7 or Section 236.1 of Title | ||||||
16 | 8 of the Code of Federal Regulations, and on DHS Form I-247 | ||||||
17 | "Immigration Detainer – Notice of Action". | ||||||
18 | "Law enforcement agency" means an agency in this State | ||||||
19 | charged with enforcement of State, county, municipal, or | ||||||
20 | federal laws, or with managing custody of detained persons in | ||||||
21 | this State, and includes municipal police departments, | ||||||
22 | sheriff's departments, campus police departments, the Illinois | ||||||
23 | State Police, and the Illinois Department of Juvenile Justice, | ||||||
24 | but does not include the Illinois Department of Corrections. | ||||||
25 | "Law enforcement official" means any officer or other agent | ||||||
26 | of a State or local law enforcement agency authorized to |
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1 | enforce criminal statutes, regulations, or local ordinances or | ||||||
2 | to operate jails or juvenile detention facilities or to | ||||||
3 | maintain custody of individuals in jails or juvenile detention | ||||||
4 | facilities, but does not include law enforcement officials | ||||||
5 | operating or maintaining custody of individuals in State | ||||||
6 | prisons through the Illinois Department of Corrections. | ||||||
7 | "Victim of criminal activity" means any individual who has | ||||||
8 | reported criminal activity to a law enforcement agency or | ||||||
9 | certifying agency, or has otherwise participated in the | ||||||
10 | detection, investigation, or prosecution of criminal activity, | ||||||
11 | who has suffered direct or proximate harm as a result of the | ||||||
12 | commission of any criminal activity and may include, but may | ||||||
13 | not be limited to, an indirect victim, regardless of the direct | ||||||
14 | victim's immigration or citizenship status, including the | ||||||
15 | spouse, children under 21 years of age and, if the direct | ||||||
16 | victim is under 21 years of age, parents, and unmarried | ||||||
17 | siblings under 18 years of age where the direct victim is | ||||||
18 | deceased, incompetent, or incapacitated. Bystander victims | ||||||
19 | shall also be considered. More than one victim can be | ||||||
20 | identified and provided with certification depending upon the | ||||||
21 | circumstances. For purposes of this definition, the term | ||||||
22 | "incapacitated" means unable to interact with law enforcement | ||||||
23 | agency or certifying agency personnel as a result of a | ||||||
24 | cognitive impairment or other physical limitation, or because | ||||||
25 | of physical restraint, disappearance or age, such as minors. |
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1 | (725 ILCS 5/124C-15 new) | ||||||
2 | Sec. 124C-15. Policy for responding to immigration | ||||||
3 | detainers and administrative warrants. | ||||||
4 | (a) There being no legal authority under which the federal | ||||||
5 | government may compel an expenditure of State or local law | ||||||
6 | enforcement agency resources to comply with an immigration | ||||||
7 | detainer or administrative warrant, no law enforcement agency | ||||||
8 | may detain or continue to detain any individual on the basis of | ||||||
9 | any immigration detainer or administrative warrant, or | ||||||
10 | otherwise comply with an immigration detainer or | ||||||
11 | administrative warrant, after that individual becomes eligible | ||||||
12 | for release from custody. | ||||||
13 | (b) No individual subject to an immigration detainer or | ||||||
14 | administrative warrant shall be denied bail solely on the basis | ||||||
15 | of that immigration detainer or administrative warrant. | ||||||
16 | Nothing in this subsection (b) may be construed to undermine | ||||||
17 | the authority of a court to make a bail or bond determination | ||||||
18 | according to its usual procedures. | ||||||
19 | (c) Except as provided in this subsection, no law | ||||||
20 | enforcement official or other law enforcement agency personnel | ||||||
21 | shall: | ||||||
22 | (1) give any immigration agent access to any individual | ||||||
23 | or allow any immigration agent to use law enforcement | ||||||
24 | agency facilities for investigative interviews or other | ||||||
25 | purposes; | ||||||
26 | (2) provide any detainee, inmate, or booking lists to |
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1 | an immigration agent; or | ||||||
2 | (3) expend their time responding to immigration agent | ||||||
3 | inquiries or communicating with immigration agents | ||||||
4 | regarding any individual's incarceration status, release | ||||||
5 | date, or contact information. | ||||||
6 | Nothing in this subsection shall be construed as restricting | ||||||
7 | the authority of any law enforcement official or law | ||||||
8 | enforcement agency to conduct any of the activities listed in | ||||||
9 | this subsection if an immigration agent presents a valid and | ||||||
10 | properly issued criminal warrant or if the law enforcement | ||||||
11 | official has a legitimate law enforcement purpose that is not | ||||||
12 | related to the enforcement of immigration laws. | ||||||
13 | (d) There being no legal authority under which the federal | ||||||
14 | government may compel an expenditure of State or local | ||||||
15 | resources to comply with an immigration detainer or | ||||||
16 | administrative warrant, or facilitate any other non-criminal | ||||||
17 | immigration enforcement, there shall be no expenditure of any | ||||||
18 | law enforcement agency resources or effort by law enforcement | ||||||
19 | agency personnel for this purpose, except as expressly provided | ||||||
20 | under this Act. | ||||||
21 | (e) Nothing in this Section shall be construed as | ||||||
22 | restricting any expenditure or activity necessary to the | ||||||
23 | performance by the State, any local unit of government, any law | ||||||
24 | enforcement or other agency, officer, employee, or agent | ||||||
25 | thereof of any obligations under any contract between the | ||||||
26 | State, the local unit of government, or the agency and federal |
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1 | officials regarding the use of a facility to detain individuals | ||||||
2 | in federal immigration removal proceedings. | ||||||
3 | (f) Notwithstanding subsection (e) of this Section, no | ||||||
4 | State, local unit of government, or agency shall be permitted | ||||||
5 | to contract with a private for-profit vendor or contractor for | ||||||
6 | the provision of services (other than ancillary services) | ||||||
7 | relating to the operation or management of a facility to detain | ||||||
8 | individuals in federal immigration removal proceedings, or to | ||||||
9 | approve any permits, zoning changes, or other measures required | ||||||
10 | for, or to otherwise facilitate, the construction, operation, | ||||||
11 | or management of the facility. | ||||||
12 | (725 ILCS 5/124C-20 new) | ||||||
13 | Sec. 124C-20. Arrests based on certain information | ||||||
14 | prohibited. No law enforcement official shall stop, arrest, | ||||||
15 | search, detain, or continue to detain a person based solely on | ||||||
16 | an administrative warrant entered into the Federal Bureau of | ||||||
17 | Investigation's National Crime Information Center database, or | ||||||
18 | any successor or similar database maintained by the United | ||||||
19 | States. | ||||||
20 | (725 ILCS 5/124C-25 new) | ||||||
21 | Sec. 124C-25. Agreements to enforce federal civil | ||||||
22 | immigration laws. No law enforcement agency shall enter into an | ||||||
23 | agreement under 8 U.S.C. § 1357(g) or any other federal law | ||||||
24 | that permits State or local governmental entities to enforce |
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1 | federal civil immigration laws. | ||||||
2 | (725 ILCS 5/124C-30 new) | ||||||
3 | Sec. 124C-30. Certifications for victims of criminal | ||||||
4 | activity. | ||||||
5 | (a) A certifying agency shall execute any certification | ||||||
6 | requested by any victim of criminal activity or representative | ||||||
7 | thereof including, but not limited to, the victim's attorney, | ||||||
8 | accredited representative, or domestic violence service | ||||||
9 | provider, within 90 days of receiving the request. In any case | ||||||
10 | in which the victim seeking certification is in federal | ||||||
11 | immigration removal proceedings, the certifying agency shall | ||||||
12 | execute the certification no later than 14 days after the | ||||||
13 | request is received by the agency. In any case in which the | ||||||
14 | victim or the victim's children would lose any benefits under 8 | ||||||
15 | U.S.C. § 1184(p) and 8 U.S.C. § 1184(o) by virtue of having | ||||||
16 | reached the age of 21 years within 90 days after the certifying | ||||||
17 | agency receives the certification request, the certifying | ||||||
18 | agency shall execute the certification no later than 14 days | ||||||
19 | before the date on which the victim or child would reach the | ||||||
20 | age of 21 years. Requests for expedited certification must be | ||||||
21 | affirmatively raised by the victim. | ||||||
22 | (b) If a certifying agency fails to certify within the time | ||||||
23 | limit prescribed in subsection (a) of this Section or, a victim | ||||||
24 | of criminal activity disputes the content of a certification, | ||||||
25 | then the victim of criminal activity may bring an action in |
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1 | circuit court to seek certification or amend the certification. | ||||||
2 | Nothing in this subsection (b) shall in any way limit a State | ||||||
3 | or local judge's authority to execute a certification outside | ||||||
4 | the procedures established by this Section. | ||||||
5 | (c) The head of each certifying agency shall designate an | ||||||
6 | agent, who performs a supervisory role within the agency, to | ||||||
7 | perform the following responsibilities: | ||||||
8 | (1) respond to requests for certifications; | ||||||
9 | (2) provide outreach to victims of criminal activity to | ||||||
10 | inform them of the agency's certification process; and | ||||||
11 | (3) keep written records of all certification requests | ||||||
12 | and responses, which shall be reported to the Illinois | ||||||
13 | TRUST Act Compliance Board on an annual basis. | ||||||
14 | (d) All certifying agencies shall develop a language access | ||||||
15 | protocol for non-English speaking victims of criminal | ||||||
16 | activity. | ||||||
17 | (e) A certifying agency shall reissue any certification | ||||||
18 | within 90 days of receiving a request from the victim of | ||||||
19 | criminal activity or representative thereof including, but not | ||||||
20 | limited to, the victim's attorney, accredited representative, | ||||||
21 | or domestic violence service provider. | ||||||
22 | (f) Unless otherwise required by applicable federal law, at | ||||||
23 | no time shall a certifying agency disclose information | ||||||
24 | regarding the citizenship or immigration status of any victim | ||||||
25 | of crime activity who is requesting a certification unless | ||||||
26 | required to do so by legal process or unless the certifying |
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1 | agency has written authorization from the victim or, if the | ||||||
2 | victim is a minor or is otherwise not legally competent, by the | ||||||
3 | victim's parent or guardian. | ||||||
4 | (g) The Illinois Law Enforcement Training Standards Board, | ||||||
5 | established by the Illinois Police Training Act shall adopt | ||||||
6 | rules for minimum standards for a course of study on cultural | ||||||
7 | sensitivity training, including training on U and T | ||||||
8 | nonimmigrant visas among other remedies for immigrant | ||||||
9 | survivors of criminal activity. Each law enforcement agency's | ||||||
10 | continuing education program shall provide to each law | ||||||
11 | enforcement official continuing education concerning the U and | ||||||
12 | T nonimmigrant visas and continuing education concerning | ||||||
13 | cultural diversity awareness. | ||||||
14 | (h) All certifying agencies not subject to the training | ||||||
15 | requirements described in subsection (g) of this Section shall | ||||||
16 | adopt a training program on U and T nonimmigrant visas and | ||||||
17 | other remedies for immigrant survivors of criminal activity. | ||||||
18 | (725 ILCS 5/124C-35 new) | ||||||
19 | Sec. 124C-35. Oversight. The Governor shall appoint an | ||||||
20 | Illinois TRUST Act Compliance Board within 90 days of this Act | ||||||
21 | becoming law. This Board shall consist of 5 members, serving | ||||||
22 | terms of 3 years, representing immigrant communities, law | ||||||
23 | enforcement, and other entities concerned with public safety | ||||||
24 | and effective cooperation between immigrants and local police. | ||||||
25 | This Board shall be charged with all of the following |
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1 | responsibilities: | ||||||
2 | (1) monitoring compliance with this Act; | ||||||
3 | (2) training of law enforcement officers and others | ||||||
4 | about this Act; | ||||||
5 | (3) dissemination of information about this Act to | ||||||
6 | affected communities and the general public; | ||||||
7 | (4) establishing mechanisms by which the public can | ||||||
8 | report concerns and recommendations regarding | ||||||
9 | implementation of the Act; | ||||||
10 | (5) identifying implementation issues and other | ||||||
11 | trends, and providing recommendations to the Governor and | ||||||
12 | the Attorney General for addressing these issues; | ||||||
13 | (6) conducting research regarding sharing of | ||||||
14 | immigration and citizenship status information and | ||||||
15 | personally identifiable information, between law | ||||||
16 | enforcement agencies and Immigration and Customs | ||||||
17 | Enforcement, including but not limited to research | ||||||
18 | regarding: | ||||||
19 | (A) requests for or investigations of immigration | ||||||
20 | and citizenship status information by law enforcement | ||||||
21 | agencies and officials, | ||||||
22 | (B) sharing of information and data posted in the | ||||||
23 | Illinois Law Enforcement Agencies Database System | ||||||
24 | (LEADS) or any other State administered database to | ||||||
25 | which immigration agents have access, | ||||||
26 | (C) immigration agents' use of the LEADS database |
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1 | or any other State administered database, and | ||||||
2 | (D) the impact of the requests, investigations, | ||||||
3 | and sharing and use of information on relations between | ||||||
4 | law enforcement agencies and immigrant communities; | ||||||
5 | (7) conducting additional research as may be | ||||||
6 | necessary, including but not limited to requesting and | ||||||
7 | disseminating data from law enforcement agencies relevant | ||||||
8 | to this Act and this Act's impact on law enforcement | ||||||
9 | agencies, police-community relations, affected | ||||||
10 | communities, and the State overall; and | ||||||
11 | (8) any other responsibilities relating to this Act as | ||||||
12 | the Board may identify. | ||||||
13 | (725 ILCS 5/124C-40 new) | ||||||
14 | Sec. 124C-40. Private right of action. | ||||||
15 | (a) Any person who resides in this State may bring an | ||||||
16 | action in circuit court to challenge any law enforcement | ||||||
17 | official or agency for failure to fully comply with this Act. | ||||||
18 | If there is a judicial finding that a law enforcement official | ||||||
19 | or agency has violated this Act, the Court shall order that the | ||||||
20 | law enforcement official or agency pay a civil penalty of not | ||||||
21 | less than $1,000 and not more than $5,000 for each instance | ||||||
22 | that the law enforcement official or agency has violated this | ||||||
23 | Act. | ||||||
24 | (b) The court shall collect the civil penalty prescribed in | ||||||
25 | subsection (a) of this Section and remit the civil penalty to |
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1 | the Crime Victim Services Division of the Office of the | ||||||
2 | Attorney General for use in its programs to assist victims of | ||||||
3 | crime. | ||||||
4 | (c) The court may award court costs and reasonable | ||||||
5 | attorneys' fees to any person who prevails by an adjudication | ||||||
6 | on the merits in a proceeding brought under this Section. | ||||||
7 | (d) Except in relation to matters in which a law | ||||||
8 | enforcement officer is adjudged to have acted in bad faith, a | ||||||
9 | law enforcement officer shall be indemnified by the law | ||||||
10 | enforcement agency for reasonable costs and expenses, | ||||||
11 | including attorneys' fees, incurred by an officer in connection | ||||||
12 | with any action, suit or proceeding brought under this Section | ||||||
13 | in which the officer may be a defendant by reason of the | ||||||
14 | officer being or having been a member of the law enforcement | ||||||
15 | agency. | ||||||
16 | Section 97. Severability. The provisions of this Act are | ||||||
17 | severable under Section 1.31 of the Statute on Statutes.
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18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.".
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