Illinois General Assembly - Full Text of SB1011
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Full Text of SB1011  98th General Assembly


Sen. John J. Cullerton

Filed: 5/27/2014





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2    AMENDMENT NO. ______. Amend Senate Bill 1011 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Code of Criminal Procedure of 1963 is
5amended by adding Article 124C as follows:
6    (725 ILCS 5/Art. 124C heading new)

8    (725 ILCS 5/124C-1 new)
9    Sec. 124C-1. Short title. This Article may be cited as the
10Illinois 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
14treatment of all individuals in the enforcement of its criminal



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1laws and the administration of its criminal justice system.
2    (b) Local law enforcement agencies rely on the trust of the
3communities they serve so that all residents will feel safe in
4reporting crimes and aiding the prosecution of suspects.
5    (c) The Illinois criminal justice system has become
6increasingly entangled in enforcement of federal civil
7immigration laws, and has been used by U.S. Immigration and
8Customs Enforcement (ICE) as a vehicle for identifying
9individuals whom that agency can target for detention and
10removal from the United States.
11    (d) As documented by the University of Illinois Chicago,
12entanglement of law enforcement agencies in federal
13immigration enforcement erodes the public trust that those
14agencies depend on to secure accurate reporting of criminal
15activity and to prevent and solve crimes. Community policing
16efforts are hindered when immigrant residents who are victims
17of or witnesses to crime, including domestic violence, are less
18likely to report crime or cooperate with law enforcement out of
19fear that any contact with law enforcement could result in
20deportation. Deterred from reporting to or cooperating with
21local law enforcement, victims or witnesses may never learn
22about or pursue opportunities for lawful status such as U and T
23nonimmigrant visas, which are intended in part to encourage
24people to report crimes.
25    (e) While several law enforcement agencies in Illinois have
26distanced themselves from federal immigration authorities



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1through trust-building measures such as not inquiring about
2immigration status or reporting immigration-related
3information, information-sharing mechanisms such as the
4federal "Secure Communities" program and ICE access to the
5State Law Enforcement Agencies Database System (LEADS) still
6entangle local law enforcement in immigration enforcement.
7    (f) Through programs like "Secure Communities", ICE
8identifies individuals in the criminal justice system against
9whom it can issue immigration detainers. Immigration detainers
10are voluntary requests from ICE to law enforcement agencies to
11hold individuals in local jails for additional time beyond when
12they would be eligible for release in a criminal matter. While
13an immigration detainer requests that a law enforcement agency
14detain an individual for civil immigration purposes, the
15detainer does not confer civil immigration arrest authority,
16and indeed State and local law enforcement have no arrest
17authority for civil immigration matters.
18    (g) Between October 2011 and August 2013, ICE transmitted
198,100 immigration detainers to police departments, jails,
20prisons, and other institutions in Illinois. Of these, 5,629
21(69%) targeted individuals with no criminal convictions, and
22another 1,809 (22%) targeted individuals convicted of only
23minor offenses. Nationwide, roughly half of all immigration
24detainers have targeted individuals with no criminal
25convictions. Despite explicit guidance issued by ICE in
26December 2012 restricting issuance of detainers, this



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1disturbing pattern of targeting non-criminals has persisted,
2according to ICE data analyzed by the Transactional Records
3Access Center at Syracuse University.
4    (h) The State of Illinois notified ICE on May 4, 2011, of
5its withdrawal from the Memorandum of Agreement under which the
6State participated in the "Secure Communities" program. In
7issuing its notice, the State cited concerns over the high
8percentage of individuals whom ICE was arresting and deporting
9under the program who had no criminal history. ICE responded on
10August 5, 2011, by voiding the State's Memorandum of Agreement
11and compelling the State to participate in "Secure
12Communities." ICE ultimately activated the program throughout
13Illinois as of January 22, 2013.
14    (i) As of November 30, 2013, nearly half (48%) of all
15individuals from Illinois whom ICE has removed under "Secure
16Communities" either have no criminal convictions or only a
17single misdemeanor offense. More than 15% have never been
18convicted of any offense. Nationwide, 20% of individuals
19removed by ICE under "Secure Communities" have no criminal
20convictions, and another 30% have convictions only for minor
22    (j) By subjecting individuals with no criminal history or
23only minor convictions to removal, ICE's use of immigration
24detainers and programs like "Secure Communities" disrupt
25families and communities, encourage racial and ethnic
26profiling, burden taxpayers, and pose harm to our State as a



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2    (k) Unlike criminal detainers, which comply with
3fundamental protections under the Fourth Amendment to the U.S.
4Constitution and Article I, Section 6 of the Illinois
5Constitution, immigration detainers do not require a showing of
6probable cause or any of the other procedural protections that
7undergird the right to be free from unreasonable searches or
8seizures. Detainers can result in persons being held and
9transferred into immigration detention without regard to
10whether their arrest is the result of a mistake, or merely a
11routine practice of questioning individuals involved in a
12dispute without pressing charges. As a result, immigration
13detainers have erroneously been placed on United States
14citizens and on immigrants who are not deportable.
15    (l) State and local law enforcement agencies are not
16reimbursed or indemnified by the federal government for the
17full cost of responding to a detainer, which can include, but
18is not limited to, extended detention time, the administrative
19costs of tracking and responding to detainers, and costs or
20liability incurred as a result of wrongful detainers. In
21particular, law enforcement agencies must pay for the time
22during which immigrants, who are deterred from posting bond by
23immigration detainers, remain in law enforcement custody while
24awaiting their day in court. Several recent federal court
25decisions have ruled that local law enforcement agencies that
26hold individuals solely based on immigration detainers can be



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1held liable for violations of the individuals' constitutional
2rights. All of these costs are borne by local taxpayers.
3    (m) Like immigration detainers, ICE administrative
4warrants also fail to comply with the same fundamental
5protections under the Fourth Amendment to the U.S. Constitution
6and Article I, Section 6 of the Illinois Constitution. As with
7immigration detainers, administrative warrants are voluntary
8requests that generally do not confer arrest authority on State
9and local law enforcement, and there is no independent State
10arrest authority for civil immigration matters under an
11administrative warrant. Accordingly, there is no State or local
12law enforcement arrest authority for the majority of
13immigration administrative warrants in the FBI's National
14Crime Information Center (NCIC) database, which local law
15enforcement agencies routinely use. As with immigration
16detainers, State and local law enforcement are not reimbursed
17for the significant costs of honoring administrative warrants.
18Administrative warrants sow the same distrust of law
19enforcement and result in similar societal costs as immigration
21    (n) It is the intent of the Illinois General Assembly that
22this Act shall not be construed as providing, expanding, or
23ratifying the legal authority for any State or local law
24enforcement agency to detain an individual on an immigration
25detainer 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
4arrest, order to detain or release aliens, notice of custody
5determination, notice to appear, removal order, warrant of
6removal, or any other document, issued by an immigration agent
7that can form the basis for an individual's arrest or detention
8for a civil immigration enforcement purpose. This definition
9does not include any warrants issued by a criminal court upon a
10determination of probable cause and in compliance with the
11requirements of the Fourth Amendment to the U.S. Constitution
12and Article I, Section 6 of the Illinois Constitution.
13    "Certification" means any law enforcement certification or
14statement required by federal immigration law including, but
15not limited to the information required by 8 U.S.C. § 1184(p)
16and 8 U.S.C. § 1184(o), including current USCIS Form I-918,
17Supplement B and USCIS Form I-914, Supplement B, respectively,
18and any successor forms.
19    "Certifying agency" means a State or local law enforcement
20agency, prosecutor, judge, or other authority, that has
21responsibility for the investigation or prosecution of
22criminal activity. This definition includes agencies that have
23criminal investigative jurisdiction in their respective areas
24of expertise, including but not limited to the Illinois
25Department of Labor, Illinois Department of Child and Family
26Services, the Illinois Department of Human Services, and the



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1Illinois Workers' Compensation Commission.
2    "Citizenship or immigration status" means all matters
3regarding questions of citizenship of the United States or any
4other country, the authority to reside in or otherwise be
5present in the United States, the time or manner of a person's
6entry into the United States, or any other civil immigration
7matter enforced by the Department of Homeland Security or other
8federal agency charged with the enforcement of civil
9immigration laws.
10    "Contact information" means home address, work address,
11telephone number, electronic mail address, social media
12contact information, or any other means of contacting an
14    "Criminal activity" means any activity defined under
15Chapter 720 of the Illinois Compiled Statutes or any similar
16activity under any city or municipal code regardless of whether
17the activity resulted in a prosecution.
18    "Eligible for release from custody" means that the
19individual may be released from custody because one of the
20following 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
5and Customs Enforcement, U.S. Customs and Border Protection,
6any individuals authorized to conduct enforcement of civil
7immigration laws under 8 U.S.C. § 1357(g) or any other federal
8law, other federal agents charged with enforcement of civil
9immigration laws, and any successors.
10    "Immigration detainer" means a document issued by an
11immigration agent to a federal, State, or local law enforcement
12agency that requests that the law enforcement agency provide
13notice of release or maintain custody of the individual based
14on an alleged violation of a civil immigration law, including
15detainers issued under Section 287.7 or Section 236.1 of Title
168 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
19charged with enforcement of State, county, municipal, or
20federal laws, or with managing custody of detained persons in
21this State, and includes municipal police departments,
22sheriff's departments, campus police departments, the Illinois
23State Police, and the Illinois Department of Juvenile Justice,
24but does not include the Illinois Department of Corrections.
25    "Law enforcement official" means any officer or other agent
26of a State or local law enforcement agency authorized to



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1enforce criminal statutes, regulations, or local ordinances or
2to operate jails or juvenile detention facilities or to
3maintain custody of individuals in jails or juvenile detention
4facilities, but does not include law enforcement officials
5operating or maintaining custody of individuals in State
6prisons through the Illinois Department of Corrections.
7    "Victim of criminal activity" means any individual who has
8reported criminal activity to a law enforcement agency or
9certifying agency, or has otherwise participated in the
10detection, investigation, or prosecution of criminal activity,
11who has suffered direct or proximate harm as a result of the
12commission of any criminal activity and may include, but may
13not be limited to, an indirect victim, regardless of the direct
14victim's immigration or citizenship status, including the
15spouse, children under 21 years of age and, if the direct
16victim is under 21 years of age, parents, and unmarried
17siblings under 18 years of age where the direct victim is
18deceased, incompetent, or incapacitated. Bystander victims
19shall also be considered. More than one victim can be
20identified and provided with certification depending upon the
21circumstances. For purposes of this definition, the term
22"incapacitated" means unable to interact with law enforcement
23agency or certifying agency personnel as a result of a
24cognitive impairment or other physical limitation, or because
25of 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
3detainers and administrative warrants.
4    (a) There being no legal authority under which the federal
5government may compel an expenditure of State or local law
6enforcement agency resources to comply with an immigration
7detainer or administrative warrant, no law enforcement agency
8may detain or continue to detain any individual on the basis of
9any immigration detainer or administrative warrant, or
10otherwise comply with an immigration detainer or
11administrative warrant, after that individual becomes eligible
12for release from custody.
13    (b) No individual subject to an immigration detainer or
14administrative warrant shall be denied bail solely on the basis
15of that immigration detainer or administrative warrant.
16Nothing in this subsection (b) may be construed to undermine
17the authority of a court to make a bail or bond determination
18according to its usual procedures.
19    (c) Except as provided in this subsection, no law
20enforcement official or other law enforcement agency personnel
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.
6Nothing in this subsection shall be construed as restricting
7the authority of any law enforcement official or law
8enforcement agency to conduct any of the activities listed in
9this subsection if an immigration agent presents a valid and
10properly issued criminal warrant or if the law enforcement
11official has a legitimate law enforcement purpose that is not
12related to the enforcement of immigration laws.
13    (d) There being no legal authority under which the federal
14government may compel an expenditure of State or local
15resources to comply with an immigration detainer or
16administrative warrant, or facilitate any other non-criminal
17immigration enforcement, there shall be no expenditure of any
18law enforcement agency resources or effort by law enforcement
19agency personnel for this purpose, except as expressly provided
20under this Act.
21    (e) Nothing in this Section shall be construed as
22restricting any expenditure or activity necessary to the
23performance by the State, any local unit of government, any law
24enforcement or other agency, officer, employee, or agent
25thereof of any obligations under any contract between the
26State, the local unit of government, or the agency and federal



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1officials regarding the use of a facility to detain individuals
2in federal immigration removal proceedings.
3    (f) Notwithstanding subsection (e) of this Section, no
4State, local unit of government, or agency shall be permitted
5to contract with a private for-profit vendor or contractor for
6the provision of services (other than ancillary services)
7relating to the operation or management of a facility to detain
8individuals in federal immigration removal proceedings, or to
9approve any permits, zoning changes, or other measures required
10for, or to otherwise facilitate, the construction, operation,
11or management of the facility.
12    (725 ILCS 5/124C-20 new)
13    Sec. 124C-20. Arrests based on certain information
14prohibited. No law enforcement official shall stop, arrest,
15search, detain, or continue to detain a person based solely on
16an administrative warrant entered into the Federal Bureau of
17Investigation's National Crime Information Center database, or
18any successor or similar database maintained by the United
20    (725 ILCS 5/124C-25 new)
21    Sec. 124C-25. Agreements to enforce federal civil
22immigration laws. No law enforcement agency shall enter into an
23agreement under 8 U.S.C. § 1357(g) or any other federal law
24that permits State or local governmental entities to enforce



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1federal civil immigration laws.
2    (725 ILCS 5/124C-30 new)
3    Sec. 124C-30. Certifications for victims of criminal
5    (a) A certifying agency shall execute any certification
6requested by any victim of criminal activity or representative
7thereof including, but not limited to, the victim's attorney,
8accredited representative, or domestic violence service
9provider, within 90 days of receiving the request. In any case
10in which the victim seeking certification is in federal
11immigration removal proceedings, the certifying agency shall
12execute the certification no later than 14 days after the
13request is received by the agency. In any case in which the
14victim or the victim's children would lose any benefits under 8
15U.S.C. § 1184(p) and 8 U.S.C. § 1184(o) by virtue of having
16reached the age of 21 years within 90 days after the certifying
17agency receives the certification request, the certifying
18agency shall execute the certification no later than 14 days
19before the date on which the victim or child would reach the
20age of 21 years. Requests for expedited certification must be
21affirmatively raised by the victim.
22    (b) If a certifying agency fails to certify within the time
23limit prescribed in subsection (a) of this Section or, a victim
24of criminal activity disputes the content of a certification,
25then the victim of criminal activity may bring an action in



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1circuit court to seek certification or amend the certification.
2Nothing in this subsection (b) shall in any way limit a State
3or local judge's authority to execute a certification outside
4the procedures established by this Section.
5    (c) The head of each certifying agency shall designate an
6agent, who performs a supervisory role within the agency, to
7perform 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
15protocol for non-English speaking victims of criminal
17    (e) A certifying agency shall reissue any certification
18within 90 days of receiving a request from the victim of
19criminal activity or representative thereof including, but not
20limited to, the victim's attorney, accredited representative,
21or domestic violence service provider.
22    (f) Unless otherwise required by applicable federal law, at
23no time shall a certifying agency disclose information
24regarding the citizenship or immigration status of any victim
25of crime activity who is requesting a certification unless
26required to do so by legal process or unless the certifying



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1agency has written authorization from the victim or, if the
2victim is a minor or is otherwise not legally competent, by the
3victim's parent or guardian.
4    (g) The Illinois Law Enforcement Training Standards Board,
5established by the Illinois Police Training Act shall adopt
6rules for minimum standards for a course of study on cultural
7sensitivity training, including training on U and T
8nonimmigrant visas among other remedies for immigrant
9survivors of criminal activity. Each law enforcement agency's
10continuing education program shall provide to each law
11enforcement official continuing education concerning the U and
12T nonimmigrant visas and continuing education concerning
13cultural diversity awareness.
14    (h) All certifying agencies not subject to the training
15requirements described in subsection (g) of this Section shall
16adopt a training program on U and T nonimmigrant visas and
17other remedies for immigrant survivors of criminal activity.
18    (725 ILCS 5/124C-35 new)
19    Sec. 124C-35. Oversight. The Governor shall appoint an
20Illinois TRUST Act Compliance Board within 90 days of this Act
21becoming law. This Board shall consist of 5 members, serving
22terms of 3 years, representing immigrant communities, law
23enforcement, and other entities concerned with public safety
24and effective cooperation between immigrants and local police.
25This Board shall be charged with all of the following



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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
16action in circuit court to challenge any law enforcement
17official or agency for failure to fully comply with this Act.
18If there is a judicial finding that a law enforcement official
19or agency has violated this Act, the Court shall order that the
20law enforcement official or agency pay a civil penalty of not
21less than $1,000 and not more than $5,000 for each instance
22that the law enforcement official or agency has violated this
24    (b) The court shall collect the civil penalty prescribed in
25subsection (a) of this Section and remit the civil penalty to



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1the Crime Victim Services Division of the Office of the
2Attorney General for use in its programs to assist victims of
4    (c) The court may award court costs and reasonable
5attorneys' fees to any person who prevails by an adjudication
6on the merits in a proceeding brought under this Section.
7    (d) Except in relation to matters in which a law
8enforcement officer is adjudged to have acted in bad faith, a
9law enforcement officer shall be indemnified by the law
10enforcement agency for reasonable costs and expenses,
11including attorneys' fees, incurred by an officer in connection
12with any action, suit or proceeding brought under this Section
13in which the officer may be a defendant by reason of the
14officer being or having been a member of the law enforcement
16    Section 97. Severability. The provisions of this Act are
17severable under Section 1.31 of the Statute on Statutes.
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".