Full Text of SB0031 100th General Assembly
SB0031eng 100TH GENERAL ASSEMBLY |
| | SB0031 Engrossed | | LRB100 04996 RJF 15006 b |
|
| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Illinois Trust Act. | 6 | | Section 5. Legislative intent. It is the intent of the | 7 | | General Assembly that this Act shall not be construed as | 8 | | providing, expanding, or ratifying the legal authority for any | 9 | | State or local law enforcement agency to detain an individual | 10 | | on an immigration detainer or administrative warrant, or | 11 | | perform any other civil immigration enforcement function. | 12 | | State law does not grant State or local law enforcement the | 13 | | authority to enforce federal civil immigration laws. | 14 | | Interactions between State and local law enforcement and | 15 | | federal immigration agents shall be consistent and uniform | 16 | | throughout the State. | 17 | | Section 10. Definitions. In this Act: | 18 | | "Administrative warrant" means an immigration warrant of | 19 | | arrest, order to detain or release aliens, notice of custody | 20 | | determination, notice to appear, removal order, warrant of | 21 | | removal, or any other document issued by an immigration agent | 22 | | or immigration judge that can form the basis for an |
| | | SB0031 Engrossed | - 2 - | LRB100 04996 RJF 15006 b |
|
| 1 | | individual's arrest or detention for a civil immigration | 2 | | enforcement purpose including administrative warrants entered | 3 | | into the Federal Bureau of Investigation's National Crime | 4 | | Information Center database, or any successor or similar | 5 | | database maintained by the United States. "Administrative | 6 | | warrant" does not include any warrants issued by a criminal | 7 | | court upon a determination of probable cause and in compliance | 8 | | with the requirements of the Fourth Amendment to the United | 9 | | States Constitution and Article I, Section 6 of the Illinois | 10 | | Constitution. | 11 | | "Certification form" means any law enforcement | 12 | | certification form or statement required by federal | 13 | | immigration law certifying that a person is a victim of | 14 | | qualifying criminal activity including, but not limited to, the | 15 | | information required by Section 1184(p) of Title 8 of the | 16 | | United States Code (including current United States | 17 | | Citizenship and Immigration Service Form I-918, Supplement B, | 18 | | or any successor forms) for purposes of obtaining a U visa, or | 19 | | by Section 1184(o) of Title 8 of the United States Code | 20 | | (including current United States Citizenship and Immigration | 21 | | Service Form I-914, Supplement B, or any successor forms) for | 22 | | purposes of obtaining a T visa. | 23 | | "Certifying agency" means a State or local law enforcement | 24 | | agency, prosecutor, or other authority that has responsibility | 25 | | for the detection, investigation, or prosecution of criminal | 26 | | activity including an agency that has criminal investigative |
| | | SB0031 Engrossed | - 3 - | LRB100 04996 RJF 15006 b |
|
| 1 | | jurisdiction in its respective areas of expertise, and | 2 | | specifically includes the Department of Labor, the Department | 3 | | of Children and Family Services, the Department of Human | 4 | | Services, and the Illinois Workers' Compensation Commission, | 5 | | but not including any State court. | 6 | | "Coerce" means to use express or implied threats towards a | 7 | | person or family member of a person that attempts to put the | 8 | | person in immediate fear of the consequences in order to compel | 9 | | that person to act against his or her will. | 10 | | "Contact information" means home address, work address, | 11 | | telephone number, electronic mail address, social media | 12 | | information, or any other personal identifying information | 13 | | that could be used as a means to contact an individual. | 14 | | "Eligible for release from custody" means that the | 15 | | individual may be released from custody because one of the | 16 | | following conditions has occurred: | 17 | | (1) all criminal charges against the individual have | 18 | | been dropped or dismissed; | 19 | | (2) the individual has been acquitted of all criminal | 20 | | charges filed against him or her; | 21 | | (3) the individual has served all the time required for | 22 | | his or her sentence; | 23 | | (4) the individual has posted a bond; or | 24 | | (5) the individual is otherwise eligible for release | 25 | | under State or local law or local policy. | 26 | | "Family member" means a person's (i) mother or father |
| | | SB0031 Engrossed | - 4 - | LRB100 04996 RJF 15006 b |
|
| 1 | | (including step or adoptive), spouse, brother or sister | 2 | | (including blood, step, half, or adoptive), son or daughter | 3 | | (including blood, step, half, or adopted), father-in-law, | 4 | | mother-in-law, daughter-in-law, son-in-law, brother-in-law, | 5 | | sister-in-law, grandparent, or grandchild; (ii) | 6 | | court-appointed legal guardian or a person for whom the person | 7 | | is a court-appointed legal guardian; or (iii) domestic partner | 8 | | or the domestic partner's mother or father (including step or | 9 | | adoptive), brother or sister (including blood, step, half, or | 10 | | adoptive), or son or daughter (including blood, step, half, or | 11 | | adopted). | 12 | | "Immigration agent" means an agent of federal Immigration | 13 | | and Customs Enforcement, federal Customs and Border | 14 | | Protection, an individual authorized to conduct enforcement of | 15 | | civil immigration laws under Section 1357(g) of Title 8 of the | 16 | | United States Code or any other federal law, any other federal | 17 | | agent charged with enforcement of civil immigration laws, or | 18 | | any successor. | 19 | | "Immigration enforcement operation" means an operation | 20 | | that has as one of its objectives the identification or | 21 | | apprehension of a person or persons: (1) in order to subject | 22 | | them to civil immigration detention, removal proceedings or | 23 | | removal from the United States; or (2) to criminally prosecute | 24 | | a person or persons for offenses related to immigration status, | 25 | | including, but not limited to, violations of Sections 1253, | 26 | | 1304, 1306(a) and (b), 1325, or 1326 of Title 8 of the United |
| | | SB0031 Engrossed | - 5 - | LRB100 04996 RJF 15006 b |
|
| 1 | | States Code. | 2 | | "Immigration detainer" means a document issued by an | 3 | | immigration agent to a federal, State, or local law enforcement | 4 | | agency that requests that the law enforcement agency provide | 5 | | notice of release or maintain custody of an individual based on | 6 | | an alleged violation of a civil immigration law, including | 7 | | detainers issued under Section 287.7 of Title 8 of the United | 8 | | States Code or Section 236.1 of Title 8 of the Code of Federal | 9 | | Regulations. | 10 | | "Law enforcement agency" means an agency in this State | 11 | | charged with enforcement of State, county, or municipal laws or | 12 | | with managing custody of detained persons in the State, | 13 | | including municipal police departments, sheriff's departments, | 14 | | campus police departments, the Department of State Police, and | 15 | | the Department of Juvenile Justice. | 16 | | "Law enforcement official" means any officer or other agent | 17 | | of a State or local law enforcement agency authorized to | 18 | | enforce criminal laws, rules, regulations, or local ordinances | 19 | | or to operate jails, correctional facilities, or juvenile | 20 | | detention facilities or to maintain custody of individuals in | 21 | | jails, correctional facilities, or juvenile detention | 22 | | facilities. | 23 | | "Qualifying criminal activity" means any activity | 24 | | regardless of the stage of detection, investigation, or | 25 | | prosecution, involving one or more of the following or any | 26 | | similar activity in violation of federal, State, or local |
| | | SB0031 Engrossed | - 6 - | LRB100 04996 RJF 15006 b |
|
| 1 | | criminal law: rape; torture; trafficking; incest; domestic | 2 | | violence; sexual assault; abusive sexual contact; | 3 | | prostitution; sexual exploitation; stalking; female genital | 4 | | mutilation; being held hostage; peonage; involuntary | 5 | | servitude; slave trade; kidnapping; abduction; unlawful | 6 | | criminal restraint; false imprisonment; blackmail; extortion; | 7 | | manslaughter; murder; felonious assault; witness tampering; | 8 | | obstruction of justice; perjury; fraud in foreign labor | 9 | | contracting (as defined in Section 1351 of Title 18 of the | 10 | | United States Code); or attempt, conspiracy, or solicitation to | 11 | | commit any of the above mentioned crimes; and any criminal | 12 | | activity that has an articulable similarity to any activity | 13 | | listed under this definition, but is not specifically listed | 14 | | under this definition. Qualifying criminal activity also means | 15 | | any qualifying criminal activity that occurs during the | 16 | | commission of non-qualifying criminal activity, regardless of | 17 | | whether or not criminal prosecution was sought for the | 18 | | qualifying criminal activity. Criminal activity may be | 19 | | considered qualifying criminal activity regardless of how much | 20 | | time has elapsed since its commission. | 21 | | "Verbal abuse" means the use of a remark which is overtly | 22 | | insulting, mocking, or belittling directed at a person based | 23 | | upon the actual or perceived: (1) race, color, sex, religion, | 24 | | national origin, English proficiency, sexual orientation, or | 25 | | gender identity of that person, or (2) citizenship or | 26 | | immigration status of that person or that person's family |
| | | SB0031 Engrossed | - 7 - | LRB100 04996 RJF 15006 b |
|
| 1 | | member. | 2 | | "Victim of qualifying criminal activity" means any | 3 | | individual who: | 4 | | (1)(A)(i) has reported qualifying criminal activity to | 5 | | a law enforcement agency or certifying agency; or (ii) has | 6 | | otherwise participated in the detection, investigation, or | 7 | | prosecution of qualifying criminal activity; and | 8 | | (B) has suffered direct and proximate harm as a result | 9 | | of the commission of any qualifying criminal activity; | 10 | | including, but not limited to: (i) any indirect victim | 11 | | regardless of the direct victim's immigration or | 12 | | citizenship status, who, in any case in which the direct | 13 | | victim is deceased, incompetent, or incapacitated, is the | 14 | | direct victim's spouse, the direct victim's child under 21 | 15 | | years of age, or if the direct victim is under 21 years of | 16 | | age, the direct victim's unmarried sibling under 18 years | 17 | | of age or parent; or (ii) any bystander victim who suffers | 18 | | direct physical or mental harm as a result of the | 19 | | qualifying criminal activity, or | 20 | | (2) was a victim of a severe form of trafficking in | 21 | | persons as defined in Section 7102 of Title 22 of the | 22 | | United States Code and Section 10-9 of the Criminal Code of | 23 | | 2012.
| 24 | | More than one victim may be identified and provided with a | 25 | | certification form depending upon the circumstances. For | 26 | | purposes of the definition of "victim of qualifying criminal |
| | | SB0031 Engrossed | - 8 - | LRB100 04996 RJF 15006 b |
|
| 1 | | activity", the term "incapacitated" means unable to interact | 2 | | with the law enforcement agency or certifying agency personnel | 3 | | as a result of a cognitive impairment or other physical | 4 | | limitation, because of physical restraint or disappearance, or | 5 | | because the victim was a minor at the time the crime was | 6 | | committed and reported. | 7 | | Section 15. Prohibited immigration enforcement activities; | 8 | | exceptions. | 9 | | (a) A law enforcement agency or official shall not detain | 10 | | or continue to detain any individual solely on the basis of any | 11 | | immigration detainer or administrative warrant, or otherwise | 12 | | comply with an immigration detainer or administrative warrant | 13 | | after that individual becomes eligible for release from | 14 | | custody. | 15 | | (b) A law enforcement agency or official shall not stop, | 16 | | arrest, search, detain, or continue to detain a person solely | 17 | | based on an individual's citizenship or immigration status, an | 18 | | administrative warrant, an individual's possession of a | 19 | | temporary visitor's driver's license issued by the Secretary of | 20 | | State under the Illinois Vehicle Code, or an individual's | 21 | | possession of a passport, consular identification document, or | 22 | | other identification document issued by a foreign government. | 23 | | (c) A law enforcement agency or official shall not inquire | 24 | | about the citizenship or immigration status of an individual, | 25 | | including a crime victim, a witness, or a person who calls or |
| | | SB0031 Engrossed | - 9 - | LRB100 04996 RJF 15006 b |
|
| 1 | | approaches the law enforcement agency or official seeking | 2 | | assistance, unless necessary to investigate criminal activity | 3 | | by that individual. Nothing in this subsection (c) shall be | 4 | | construed to limit the ability of a law enforcement agency or | 5 | | official to ask a person in the law enforcement agency's | 6 | | custody about that person's country of nationality for purposes | 7 | | of facilitating communication with consular officers from that | 8 | | person's country of nationality in accordance with the Vienna | 9 | | Convention on Consular Relations. | 10 | | (d) A law enforcement agency or official shall not request | 11 | | or accept a temporary visitor's driver's license issued by the | 12 | | Secretary of State under the Illinois Vehicle Code as proof of | 13 | | a person's identity. A law enforcement agency or official may | 14 | | only request an individual's temporary visitor's driver's | 15 | | license to establish that the individual is or is not licensed | 16 | | by the State to operate a motor vehicle. | 17 | | (e) A law enforcement agency or official shall not enter | 18 | | into an agreement under Section 1357(g) of Title 8 of the | 19 | | United States Code or any other federal law that permits State | 20 | | or local governmental entities to enforce federal civil | 21 | | immigration laws. | 22 | | (f) A law enforcement agency or official shall not | 23 | | participate in immigration enforcement operations as defined | 24 | | in Section 10 of this Act, which includes, but is not limited | 25 | | to, operations to establish traffic perimeters. Except as | 26 | | provided in subsection (i) of this Section, a law enforcement |
| | | SB0031 Engrossed | - 10 - | LRB100 04996 RJF 15006 b |
|
| 1 | | agency or official shall not provide to any immigration agent | 2 | | information on persons that may be the subject of immigration | 3 | | enforcement operations. | 4 | | (g) A law enforcement agency or official shall not: | 5 | | (1) give any immigration agent access to any | 6 | | individual; | 7 | | (2) transfer any person into an immigration agent's | 8 | | custody; | 9 | | (3) permit immigration agents use of agency facilities | 10 | | or equipment, including any agency electronic databases | 11 | | not available to the public, for investigative interviews | 12 | | or other investigative purpose in executing an immigration | 13 | | enforcement operation; or | 14 | | (4) respond to immigration agent inquiries regarding | 15 | | any individual's incarceration status, release date, or | 16 | | contact information except insofar as the agency makes that | 17 | | information available to the public. | 18 | | (h) Notwithstanding any other provision of this Section, | 19 | | (1) if an immigration agent presents to a law enforcement | 20 | | official or law enforcement agency a valid and properly issued | 21 | | criminal warrant related to the investigation or prosecution of | 22 | | any criminal offense, including offenses provided for in the | 23 | | laws of another state or federal law, or (2) otherwise | 24 | | demonstrates that he or she is engaged in the investigation or | 25 | | prosecution of a criminal offense or activity (not including | 26 | | any offense related to immigration status, including, but not |
| | | SB0031 Engrossed | - 11 - | LRB100 04996 RJF 15006 b |
|
| 1 | | limited to, a violation of Section 1253, 1304, 1306 (a) or (b), | 2 | | 1325, or 1326 of Title 8 of the United States Code), then the | 3 | | law enforcement official or law enforcement agency may conduct | 4 | | any of the activities listed in this Section or otherwise | 5 | | communicate or coordinate with an immigration agent solely for | 6 | | assisting with that specific purpose. | 7 | | (i) Nothing in this Section shall be construed to prohibit | 8 | | or restrict any entity from sending to, or receiving from, the | 9 | | United States Department of Homeland Security or other federal, | 10 | | State, or local government entity information regarding the | 11 | | citizenship or immigration status of any individual under | 12 | | Sections 1373 and 1644 of Title 8 of the United States Code. | 13 | | (j) Subsection (g) of this Section shall not apply to the | 14 | | Department of Corrections. | 15 | | (k) Nothing in this Section shall be construed as | 16 | | restricting any expenditure or activity necessary to the | 17 | | performance by the State, any unit of local government, or any | 18 | | law enforcement or other agency, official, employee, or agent | 19 | | of any obligations under any contract between the State, the | 20 | | unit of local government, or the agency and federal officials | 21 | | regarding the use of a facility to detain individuals in | 22 | | federal immigration removal proceedings. | 23 | | Section 20. Prohibited activities related to immigration | 24 | | detention facilities. Notwithstanding subsection (k) of | 25 | | Section 15 of this Act, no State agency or unit of local |
| | | SB0031 Engrossed | - 12 - | LRB100 04996 RJF 15006 b |
|
| 1 | | government shall be permitted to contract with a private | 2 | | for-profit vendor or contractor for the provision of services, | 3 | | other than ancillary services as defined under Section 3 of the | 4 | | Private Correctional Facility Moratorium Act, relating to the | 5 | | operation or management of a facility to detain individuals in | 6 | | federal immigration removal proceedings, or to approve any | 7 | | permits, zoning changes, or other measures required for, or to | 8 | | otherwise facilitate, the construction, operation, or | 9 | | management of any such facility. | 10 | | Section 25. Other prohibited activities; verbal abuse and | 11 | | coercion.
A law enforcement agency or law enforcement official | 12 | | shall not: | 13 | | (1) coerce any person based upon the person's actual or | 14 | | perceived citizenship or immigration status or the actual or | 15 | | perceived citizenship or immigration status of the person's | 16 | | family member; | 17 | | (2) communicate a threat to deport that person or any | 18 | | family member of that person under circumstances that | 19 | | reasonably tend to produce a fear that the threat will be | 20 | | carried out; or | 21 | | (3) otherwise subject a person to verbal abuse as defined | 22 | | by Section 10 of this Act. | 23 | | Section 30. Other prohibited activities; registry | 24 | | programs. A State or local government agency or official shall |
| | | SB0031 Engrossed | - 13 - | LRB100 04996 RJF 15006 b |
|
| 1 | | not expend any time, facilities, equipment, information, or | 2 | | other resources of the agency or official to facilitate the | 3 | | creation, publication, or maintenance of any federal program | 4 | | with the purpose of registering or maintaining a database of | 5 | | individuals present in the United States based on their race, | 6 | | color, ancestry, national origin, or religion, or to facilitate | 7 | | the participation in such a program of any residents of the | 8 | | jurisdiction served by that agency or official. | 9 | | Section 35. Certifications for victims of qualifying | 10 | | criminal activity. | 11 | | (a) A certifying agency shall complete a certification form | 12 | | requested by any victim of qualifying criminal activity as | 13 | | defined in Section 10 of this Act within 90 days of receiving | 14 | | the request, except as otherwise required under this subsection | 15 | | (a). If the victim of qualifying criminal activity is in | 16 | | federal immigration removal proceedings or detained, then the | 17 | | certifying agency shall complete the certification form no | 18 | | later than 14 days after the request is received by the agency. | 19 | | If the victim's children, parents, or siblings will become | 20 | | ineligible for benefits under Sections 1184(p) and 1184(o) of | 21 | | Title 8 of the United States Code by virtue of the victim's | 22 | | children having reached the age of 21 years, the victim having | 23 | | reached the age of 21 years, or the victim's sibling having | 24 | | reached the age of 18 years within 90 days from the date that | 25 | | the certifying agency receives the certification request, the |
| | | SB0031 Engrossed | - 14 - | LRB100 04996 RJF 15006 b |
|
| 1 | | certifying agency shall complete the certification form no | 2 | | later than 14 days after the request is received by the agency, | 3 | | or if the loss of the benefit would occur less than 14 days of | 4 | | receipt of the certification request, the agency shall complete | 5 | | a certification form within 3 days. Requests for expedited | 6 | | completion of a certification form shall be affirmatively | 7 | | raised by the victim or representative of the victim. | 8 | | (b) A request for completion of a certification form under | 9 | | subsection (a) of this Section may be submitted by a | 10 | | representative of the victim, including, but not limited to, an | 11 | | attorney, accredited representative, or domestic violence | 12 | | service provider. A certifying agency may decline to complete | 13 | | the certification form requested under subsection (a) of this | 14 | | Section only if, after a good faith inquiry, the agency cannot | 15 | | determine that the applicant is a victim of qualifying criminal | 16 | | activity as defined in Section 10 of this Act. | 17 | | (c) Each certifying agency has independent legal authority | 18 | | to complete and issue a certification form. The head of each | 19 | | certifying agency, or a designated agent who performs a | 20 | | supervisory role within the certifying agency, shall perform | 21 | | the following responsibilities: | 22 | | (1) respond to requests for certifications as required | 23 | | by this Section; | 24 | | (2) make information regarding the agency's procedures | 25 | | for certification requests publicly available for victims | 26 | | of qualifying criminal activity and their representatives; |
| | | SB0031 Engrossed | - 15 - | LRB100 04996 RJF 15006 b |
|
| 1 | | and | 2 | | (3) keep written records of all certification requests | 3 | | and responses, which shall be reported to the Illinois | 4 | | Trust Act Compliance Board on an annual basis. | 5 | | (d) A certifying agency shall complete and reissue a | 6 | | certification form within 90 days of receiving a request to | 7 | | reissue. If the victim seeking recertification has a deadline | 8 | | to respond to a request for evidence from United States | 9 | | Citizenship and Immigration Services, the certifying agency | 10 | | shall complete and issue the form no later than 14 days after | 11 | | the request is received by the agency. Requests for expedited | 12 | | re-certification shall be affirmatively raised by the victim or | 13 | | representative of the victim. | 14 | | (e) Notwithstanding any other provision of this Section, a | 15 | | certifying agency's completion of a certification form shall | 16 | | not be considered sufficient evidence that an applicant for a U | 17 | | or T visa has met all eligibility requirements for that visa | 18 | | and completion of a certification form by a certifying agency | 19 | | shall not be construed to guarantee that the victim will | 20 | | receive federal immigration relief. It is the exclusive | 21 | | responsibility of federal immigration officials to determine | 22 | | whether any individual is eligible for a U or T visa. | 23 | | Completion of a certification form by a certifying agency | 24 | | merely verifies factual information relevant to the | 25 | | immigration benefit sought, including information relevant for | 26 | | federal immigration officials to determine eligibility for a U |
| | | SB0031 Engrossed | - 16 - | LRB100 04996 RJF 15006 b |
|
| 1 | | or T visa. By completing a certification form, the certifying | 2 | | agency attests that the information is true and correct to the | 3 | | best of the certifying official's knowledge. If, after | 4 | | completion of a certification form, the victim unreasonably | 5 | | refuses to assist in the investigation or prosecution of the | 6 | | qualifying criminal activity of which he or she is a victim, | 7 | | then the certifying agency may notify United States Citizenship | 8 | | and Immigration Services in writing. | 9 | | (f) All certifying agencies not subject to the training | 10 | | requirements established in Section 10.17-5 of the Illinois | 11 | | Police Training Act shall adopt a training program on U and T | 12 | | nonimmigrant visas and other remedies for immigrant victims of | 13 | | qualifying criminal activity. | 14 | | (g) All certifying agencies shall adopt and implement a | 15 | | language access protocol for non-English speaking victims of | 16 | | qualifying criminal activity. | 17 | | Section 40. Certain State-funded schools and facilities. | 18 | | (a) Absent a judicial warrant or probable cause of criminal | 19 | | activity (not including an offense related to immigration | 20 | | status, including, but not limited to, a violation of Section | 21 | | 1253, 1304, 1306 (a) or (b), 1325, or 1326 of Title 8 of the | 22 | | United States Code), a government official shall not make | 23 | | arrests in the following State-funded facilities or their | 24 | | adjacent grounds: | 25 | | (1) State-funded schools, including licensed day care |
| | | SB0031 Engrossed | - 17 - | LRB100 04996 RJF 15006 b |
|
| 1 | | centers, pre-schools, and other early learning programs; | 2 | | elementary and secondary schools, and institutions of | 3 | | higher education. | 4 | | (2) State-funded medical treatment and health care | 5 | | facilities, including hospitals, health clinics, emergency | 6 | | or urgent care facilities, nursing homes, group homes for | 7 | | persons with developmental disabilities, | 8 | | community-integrated living arrangements, and State mental | 9 | | health facilities. | 10 | | (3) Facilities operated by the Office of the Secretary | 11 | | of State. | 12 | | (4) Circuit courts, State appellate courts, or the | 13 | | Supreme Court. | 14 | | (b) Employees of elementary and secondary schools in this | 15 | | State and institutions of higher education in this State shall | 16 | | not inquire about a student's citizenship or immigration status | 17 | | or that of the student's family members, except in cases of | 18 | | in-State or in-district tuition verification, scholarships, | 19 | | grants, or services that are contingent upon this information. | 20 | | State agencies and State-funded medical treatment and health | 21 | | care facilities shall not inquire about or request proof of | 22 | | citizenship or immigration status when providing services or | 23 | | benefits, except when the receipt of the services or benefits | 24 | | is contingent upon the person's immigration or citizenship | 25 | | status or when inquiries are otherwise lawfully required by | 26 | | federal, State, or local laws. State agencies and State-funded |
| | | SB0031 Engrossed | - 18 - | LRB100 04996 RJF 15006 b |
|
| 1 | | medical treatment and health care facilities shall not collect | 2 | | information regarding a person's citizenship or immigration | 3 | | status, except as required by federal or State law. | 4 | | (c) Beginning 120 days after the effective date of this | 5 | | Act, except as required by federal, State, or local law, no new | 6 | | applications, questionnaires, or interview forms used in | 7 | | relation to benefits, opportunities, or services provided by a | 8 | | State agency or in-State or in-district tuition verification, | 9 | | scholarships, grants, or services provided by a public | 10 | | elementary or secondary school or public institution of higher | 11 | | education may contain any questions regarding citizenship or | 12 | | immigration status. | 13 | | (d) The appropriate personnel of a facility listed in | 14 | | paragraph (1) of subsection (a) of this Section shall develop a | 15 | | plan within 90 days after the effective date of this Act to | 16 | | provide assistance, information, and safety to persons who are | 17 | | concerned about the government's immigration enforcement | 18 | | efforts. The appropriate personnel of a facility listed in | 19 | | paragraph (2) of subsection (a) of this Section shall make | 20 | | information available to patients to address concerns about the | 21 | | government's immigration enforcement efforts. | 22 | | (e) Information or documents regarding an individual's | 23 | | citizenship or immigration status are confidential | 24 | | information. Absent a judicial warrant or court-ordered | 25 | | subpoena, a school, institution of higher education, State | 26 | | agency, State-funded medical treatment or health care facility |
| | | SB0031 Engrossed | - 19 - | LRB100 04996 RJF 15006 b |
|
| 1 | | that collects information or documents regarding an | 2 | | individual's citizenship or immigration status under federal | 3 | | or State law shall not disclose or otherwise make available to | 4 | | any person or entity information or documents regarding an | 5 | | individual's citizenship or immigration status except when | 6 | | disclosure is necessary between a facility listed in paragraph | 7 | | (2) of subsection (a) of this Section and any other licensed | 8 | | health care facility or professional for the provision of | 9 | | health care and except as provided under subsection (g) of this | 10 | | Section. Nothing in this Section is intended to prevent any | 11 | | entity from exchanging aggregated, de-identified information | 12 | | with State, local, or federal entities. | 13 | | (f) A facility listed in paragraph (2) of subsection (a) of | 14 | | this Section may deny access, delay access, or limit access by | 15 | | law enforcement personnel, including immigration agents, based | 16 | | upon the medical condition or safety of patients or staff or | 17 | | based upon compliance with legal requirements, such as federal | 18 | | or State law governing patient privacy. A facility and an | 19 | | individual affiliated with that facility who, acting in good | 20 | | faith, either grants or denies access to the facility by law | 21 | | enforcement personnel, including immigration agents, under | 22 | | this Act shall be immune from any civil or criminal liability | 23 | | based upon the decision to grant or deny access. | 24 | | (g) Nothing in this Section 40 shall be construed to | 25 | | prohibit or restrict any entity covered by Sections 1373 and | 26 | | 1644 of Title 8 of the United States Code from sending to, or |
| | | SB0031 Engrossed | - 20 - | LRB100 04996 RJF 15006 b |
|
| 1 | | receiving from, the United States Department of Homeland | 2 | | Security or any other federal, State, or local government | 3 | | entity information regarding the citizenship or immigration | 4 | | status of any individual. | 5 | | Section 45. Equal access to educational, rehabilitative, | 6 | | and diversionary programs in the criminal justice system.
| 7 | | Neither the Department of Corrections nor any law enforcement | 8 | | agency may consider an immigration detainer or administrative | 9 | | warrant in determining an individual's eligibility or | 10 | | placement in any educational, rehabilitative, or diversionary | 11 | | program described in the Unified Code of Corrections or any | 12 | | other educational, rehabilitative, or diversionary program | 13 | | administered by a law enforcement agency. | 14 | | Section 50. Compliance Board; oversight. | 15 | | (a) The Governor shall appoint, with the advice and consent | 16 | | of the Senate, an Illinois Trust Act Compliance Board within 90 | 17 | | days after the effective date of this Act. This Board shall | 18 | | consist of 13 members, serving terms of 3 years, and the | 19 | | members shall elect their chairperson. No more than 7 members | 20 | | shall be of the same political party. All appointments shall be | 21 | | made in writing and filed with the Secretary of State as a | 22 | | public record. | 23 | | (b) The Board shall consist of the following members: | 24 | | (1) one representative of the Governor's office; |
| | | SB0031 Engrossed | - 21 - | LRB100 04996 RJF 15006 b |
|
| 1 | | (2) one representative of the Attorney General's | 2 | | office; | 3 | | (3) one representative of the Illinois Legislative | 4 | | Latino Caucus; | 5 | | (4) one representative of law enforcement from the | 6 | | Chicago Police Department; | 7 | | (5) one representative of law enforcement from Cook | 8 | | County; | 9 | | (6) 2 representatives of law enforcement from outside | 10 | | of Cook County; | 11 | | (7) one representative that advocates for immigrants | 12 | | in the Latino or Hispanic community in this State; | 13 | | (8) one representative that advocates for immigrants | 14 | | in the Asian American community in this State; | 15 | | (9) one representative that advocates for immigrants | 16 | | in the African, Arab, or Muslim American community in this | 17 | | State; | 18 | | (10) one representative that advocates for immigrants | 19 | | in this State;
| 20 | | (11) 2 representatives that advocate for immigrant | 21 | | victims of domestic violence, sexual assault, or human | 22 | | trafficking in this State; | 23 | | (c) This Board shall be charged with the following | 24 | | responsibilities: | 25 | | (1) monitoring compliance with this Act; | 26 | | (2) disseminating information about this Act to |
| | | SB0031 Engrossed | - 22 - | LRB100 04996 RJF 15006 b |
|
| 1 | | affected communities and the general public; | 2 | | (3) establishing mechanisms by which the public can | 3 | | report concerns and recommendations regarding | 4 | | implementation of this Act; | 5 | | (4) identifying implementation issues and other | 6 | | trends, and providing recommendations to the Governor and | 7 | | the Attorney General for addressing these issues; | 8 | | (5) conducting research regarding sharing personally | 9 | | identifiable information between law enforcement agencies | 10 | | and federal Immigration and Customs Enforcement, including | 11 | | but not limited to, research regarding: | 12 | | (A) requests for or investigations involving | 13 | | personally identifiable information by law enforcement | 14 | | agencies and officials; | 15 | | (B) sharing of information and data posted in the | 16 | | Illinois Law Enforcement Agencies Database System | 17 | | (LEADS) or any other State administered database to | 18 | | which immigration agents have access; | 19 | | (C) immigration agents' use of the LEADS database | 20 | | or any other State administered database; and | 21 | | (D) the impact of the requests, investigations, | 22 | | and sharing and use of information on relations between | 23 | | law enforcement agencies and immigrant communities; | 24 | | (6) conducting additional research as may be | 25 | | necessary, including, but not limited to, requesting and | 26 | | disseminating data from law enforcement agencies relevant |
| | | SB0031 Engrossed | - 23 - | LRB100 04996 RJF 15006 b |
|
| 1 | | to this Act and this Act's impact on law enforcement | 2 | | agencies, police-community relations, affected | 3 | | communities, and the State overall; | 4 | | (7) publishing a report of its activities no less than | 5 | | once each calendar year; and | 6 | | (8) any other responsibilities relating to this Act as | 7 | | the Board may identify. | 8 | | Section 115. The Illinois Notary Public Act is amended by | 9 | | changing Section 3-104 as follows:
| 10 | | (5 ILCS 312/3-104) (from Ch. 102, par. 203-104)
| 11 | | Sec. 3-104. Maximum Fee. | 12 | | (a) Except as provided in subsection (b) of this Section, | 13 | | the maximum
fee in this State is $1.00 for any notarial act | 14 | | performed and, until July 1, 2018, up to $25 for any notarial | 15 | | act performed pursuant to Section 3-102.
| 16 | | (b) Fees for a notary public, agency, or any other person | 17 | | who is not
an attorney or an accredited representative filling | 18 | | out immigration forms shall be limited to the following:
| 19 | | (1) $10 per form completion;
| 20 | | (2) $10 per page for the translation of a non-English | 21 | | language into English where such translation is required | 22 | | for immigration forms;
| 23 | | (3) $1 for notarizing;
| 24 | | (4) $3 to execute any procedures necessary to obtain a |
| | | SB0031 Engrossed | - 24 - | LRB100 04996 RJF 15006 b |
|
| 1 | | document required to complete immigration forms; and
| 2 | | (5) A maximum of $75 for one complete application.
| 3 | | Fees authorized under this subsection shall not include | 4 | | application fees
required to be submitted with immigration | 5 | | applications.
| 6 | | Any person who violates the provisions of this subsection | 7 | | shall be guilty
of a Class A misdemeanor for a first offense | 8 | | and a Class 3 felony for a
second or subsequent offense | 9 | | committed within 5 years of a previous
conviction for the same | 10 | | offense.
| 11 | | (c) Upon his own information or upon complaint of any | 12 | | person, the
Attorney General or any State's Attorney, or their | 13 | | designee, may maintain
an action for injunctive relief in the | 14 | | court against any notary public or
any other person who
| 15 | | violates the provisions of subsection (b) of this Section. | 16 | | These
remedies are in addition to, and not in substitution for, | 17 | | other available remedies.
| 18 | | (c-5) Notwithstanding subsection (c) of this Section, any | 19 | | person may file a civil action to enforce the provisions of | 20 | | this subsection and maintain an action for injunctive relief, | 21 | | for compensatory damages to recover prohibited fees, or for | 22 | | such additional relief as may be appropriate to deter, prevent, | 23 | | or compensate for the violation. In order to deter violations | 24 | | of this Section, courts shall not require a showing of the | 25 | | traditional elements for equitable relief. A prevailing | 26 | | plaintiff may be awarded 3 times the prohibited fees, or a |
| | | SB0031 Engrossed | - 25 - | LRB100 04996 RJF 15006 b |
|
| 1 | | minimum of $1,000 in punitive damages, attorney's fees, and | 2 | | costs of bringing an action under this Section. It is the | 3 | | express intent of the General Assembly that remedies for | 4 | | violation of this Section be cumulative. If the Attorney | 5 | | General or any State's Attorney fails to bring an action
as | 6 | | provided pursuant to this subsection within 90 days of receipt | 7 | | of a complaint, any person may file a civil
action to enforce | 8 | | the provisions of this subsection and maintain an action
for | 9 | | injunctive relief.
| 10 | | (d) All notaries public must provide receipts and keep | 11 | | records for fees accepted for services provided. Failure to | 12 | | provide receipts and keep records that can be presented as | 13 | | evidence of no wrongdoing shall be construed as a presumptive | 14 | | admission of allegations raised in complaints against the | 15 | | notary for violations related to accepting prohibited fees.
| 16 | | (Source: P.A. 98-29, eff. 6-21-13.)
| 17 | | Section 120. The Illinois Police Training Act is amended by | 18 | | adding Section 10.17-5 as follows: | 19 | | (50 ILCS 705/10.17-5 new) | 20 | | Sec. 10.17-5. Training program on federal nonimmigrant | 21 | | visas. The Board shall conduct or approve a training program on | 22 | | U and T nonimmigrant visas and other immigration remedies for | 23 | | immigrant victims of qualifying criminal activity as defined in | 24 | | Section 10 of the Illinois Trust Act. A law enforcement |
| | | SB0031 Engrossed | - 26 - | LRB100 04996 RJF 15006 b |
|
| 1 | | agency's continuing education program shall provide to the head | 2 | | of the agency or the head of the agency's designee continuing | 3 | | education concerning U and T nonimmigrant visas, and continuing | 4 | | education concerning cultural diversity awareness. | 5 | | Section 125. The Code of Criminal Procedure of 1963 is | 6 | | amended by changing Section 113-8 and by adding Section 110-5.2 | 7 | | as follows: | 8 | | (725 ILCS 5/110-5.2 new) | 9 | | Sec. 110-5.2. Bail for persons subject to an immigration | 10 | | detainer. A person subject to an immigration detainer or | 11 | | administrative warrant shall not be denied bail solely on the | 12 | | basis of the immigration detainer or administrative warrant. | 13 | | Nothing in this Section may be construed to undermine the | 14 | | authority of a court to set bail or a bond determination under | 15 | | this Article.
| 16 | | (725 ILCS 5/113-8)
| 17 | | Sec. 113-8. Advisement concerning status as an alien. | 18 | | Before the acceptance of a plea of guilty, guilty but mentally | 19 | | ill, or
nolo contendere to a misdemeanor or felony
offense, the | 20 | | court shall give the following advisement to the defendant in | 21 | | open
court:
| 22 | | "If you are not a citizen of the United States, you are | 23 | | hereby advised that
conviction of the offense for which you
|
| | | SB0031 Engrossed | - 27 - | LRB100 04996 RJF 15006 b |
|
| 1 | | have been charged may have the consequences of deportation, | 2 | | exclusion from
admission to the United States, or denial of
| 3 | | naturalization under the laws of the United States.".
| 4 | | Nothing in this Section shall be construed to authorize or | 5 | | direct any court to request that the defendant state his or her | 6 | | immigration or citizenship status, or to require that the | 7 | | defendant provide such information. | 8 | | (Source: P.A. 93-373, eff. 1-1-04.)
| 9 | | Section 130. The Probation and Probation Officers Act is | 10 | | amended by changing Section 12 as follows:
| 11 | | (730 ILCS 110/12) (from Ch. 38, par. 204-4)
| 12 | | Sec. 12. The duties of probation officers shall be:
| 13 | | (1) To investigate as required by Section 5-3-1 of the | 14 | | "Unified Code
of Corrections", approved July 26, 1972, as | 15 | | amended, the case of
any person to be placed on probation. Full | 16 | | opportunity shall be afforded
a probation officer to confer | 17 | | with the person under investigation when
such person is in | 18 | | custody.
| 19 | | (2) To notify the court of any previous conviction for | 20 | | crime or
previous probation of any defendant invoking the | 21 | | provisions of this Act.
| 22 | | (3) All reports and notifications required in this Act to | 23 | | be made by
probation officers shall be in writing and shall be | 24 | | filed by the clerk
in the respective cases.
|
| | | SB0031 Engrossed | - 28 - | LRB100 04996 RJF 15006 b |
|
| 1 | | (4) To preserve complete and accurate records of cases | 2 | | investigated,
including a description of the person | 3 | | investigated, the action of the
court with respect to his case | 4 | | and his probation, the subsequent history
of such person, if he | 5 | | becomes a probationer, during the continuance of
his probation, | 6 | | which records shall be open to inspection by any judge or
by | 7 | | any probation officer pursuant to order of court, but shall not | 8 | | be a
public record, and its contents shall not be divulged | 9 | | otherwise than as
above provided, except upon order of court ; | 10 | | provided that nothing in this Section shall be construed to | 11 | | require or direct any probation officer to (A) inquire to the | 12 | | United States Department of Homeland Security regarding the | 13 | | citizenship or immigration status of a person or (B) provide to | 14 | | the United States Department of Homeland Security any personal | 15 | | information regarding that person, unless otherwise required | 16 | | by law .
| 17 | | (5) To take charge of and watch over all persons placed on | 18 | | probation
under such regulations and for such terms as may be | 19 | | prescribed by the
court, and giving to each probationer full | 20 | | instructions as to the terms
of his release upon probation and | 21 | | requiring from him such periodical
reports as shall keep the | 22 | | officer informed as to his conduct.
| 23 | | (6) To develop and operate programs of reasonable public or | 24 | | community
service
for any persons ordered by the court to | 25 | | perform public or community
service, providing, however,
that | 26 | | no probation officer or any employee of a probation office |
| | | SB0031 Engrossed | - 29 - | LRB100 04996 RJF 15006 b |
|
| 1 | | acting in
the course of his official duties shall be liable for | 2 | | any tortious acts
of any person performing public or community | 3 | | service except for wilful
misconduct or gross negligence on the
| 4 | | part of the probation officer or employee.
| 5 | | (7) When any person on probation removes from the county | 6 | | where his
offense was committed, it shall be the duty of the | 7 | | officer under whose
care he was placed to report the facts to | 8 | | the probation officer in the
county to which the probationer | 9 | | has removed; and it shall thereupon
become the duty of such | 10 | | probation officer to take charge of and watch
over said | 11 | | probationer the same as if the case originated in that county;
| 12 | | and for that purpose he shall have the same power and authority | 13 | | over
said probationer as if he had been originally placed in | 14 | | said officer's
charge; and such officer shall be required to | 15 | | report in writing every 6
months, or more frequently upon | 16 | | request the results of his supervision
to the probation officer | 17 | | in whose
charge the said probationer was originally placed by | 18 | | the court.
| 19 | | (8) To authorize travel permits to individuals under their | 20 | | supervision
unless otherwise ordered by the court.
| 21 | | (9) To perform such other duties as are provided for in | 22 | | this act or
by rules of court and such incidental duties as may | 23 | | be implied from
those expressly required.
| 24 | | (10) To send written notification to a public housing | 25 | | agency if a person
on probation for a felony who is under the | 26 | | supervision of the probation officer
informs the probation |
| | | SB0031 Engrossed | - 30 - | LRB100 04996 RJF 15006 b |
|
| 1 | | officer that he or she has resided, resides, or will
reside at | 2 | | an address that is a housing facility owned, managed, operated, | 3 | | or
leased by that public housing agency.
| 4 | | (11) If a person on probation for a felony offense who is | 5 | | under the supervision of the probation officer becomes a | 6 | | resident of a facility licensed or regulated by the Department | 7 | | of Public Health, the Illinois Department of Public Aid, or | 8 | | Illinois Department of Human Services, the probation officer | 9 | | shall within 3 days of the person becoming a resident, notify | 10 | | the licensing or regulating Department and licensed or | 11 | | regulated facility and shall provide the licensed or regulated | 12 | | facility and licensing or regulating Department with copies of | 13 | | the following: | 14 | | (a) (blank); | 15 | | (b) any applicable probation orders and corresponding | 16 | | compliance plans; | 17 | | (c) the name and contact information for the assigned | 18 | | probation officer.
| 19 | | (Source: P.A. 94-163, eff. 7-11-05; 94-752, eff. 5-10-06.)
| 20 | | Section 135. The Consumer Fraud and Deceptive Business | 21 | | Practices Act is amended by changing Section 2AA as follows:
| 22 | | (815 ILCS 505/2AA)
| 23 | | Sec. 2AA. Immigration services.
| 24 | | (a) "Immigration matter" means any proceeding, filing, or |
| | | SB0031 Engrossed | - 31 - | LRB100 04996 RJF 15006 b |
|
| 1 | | action
affecting the nonimmigrant, immigrant or citizenship | 2 | | status of any person
that arises under immigration and | 3 | | naturalization law, executive order or
presidential | 4 | | proclamation of the United States or any foreign country, or
| 5 | | that arises under action of the United States Citizenship and | 6 | | Immigration Services, the United States Department of Labor, or | 7 | | the
United States Department of State.
| 8 | | "Immigration assistance service" means any information
or | 9 | | action provided or offered to customers or prospective | 10 | | customers related to immigration matters, excluding legal | 11 | | advice, recommending a specific course of legal action, or | 12 | | providing any other assistance that requires legal analysis, | 13 | | legal judgment, or interpretation of the law.
| 14 | | "Compensation" means money, property, services, promise of | 15 | | payment,
or anything else of value.
| 16 | | "Employed by" means that a person is on the payroll of the | 17 | | employer
and the employer deducts from the employee's paycheck | 18 | | social security and
withholding taxes, or receives | 19 | | compensation from the employer on a
commission basis or as an | 20 | | independent contractor.
| 21 | | "Reasonable costs" means actual costs or, if actual costs | 22 | | cannot be
calculated, reasonably estimated costs of such things | 23 | | as photocopying,
telephone calls, document requests, and | 24 | | filing fees for immigration forms,
and other nominal costs | 25 | | incidental to assistance
in an immigration matter.
| 26 | | (a-1) The General Assembly finds and declares that private |
| | | SB0031 Engrossed | - 32 - | LRB100 04996 RJF 15006 b |
|
| 1 | | individuals who
assist persons with immigration matters have a | 2 | | significant impact on the
ability of their clients to reside | 3 | | and work within the United States and to
establish and maintain | 4 | | stable families and business relationships. The General
| 5 | | Assembly further finds that that assistance and its impact also | 6 | | have a
significant effect on the cultural, social, and economic | 7 | | life of the State of
Illinois and thereby substantially affect | 8 | | the public interest. It is the
intent of the General Assembly | 9 | | to establish rules of practice and conduct for
those | 10 | | individuals to promote honesty and fair dealing with residents | 11 | | and to
preserve public confidence.
| 12 | | (a-5) The following persons are exempt from this Section, | 13 | | provided they
prove the exemption by a preponderance of the | 14 | | evidence:
| 15 | | (1) An attorney licensed to practice law in any state | 16 | | or territory of
the United States, or of any foreign | 17 | | country when authorized by the
Illinois Supreme Court, to | 18 | | the extent the attorney renders immigration
assistance | 19 | | service in the course of his or her practice as an | 20 | | attorney.
| 21 | | (2) A legal intern, as described by the rules of the | 22 | | Illinois Supreme
Court, employed by and under the direct | 23 | | supervision of a licensed attorney
and rendering | 24 | | immigration assistance service in the course of the | 25 | | intern's
employment.
| 26 | | (3) A not-for-profit organization recognized by the |
| | | SB0031 Engrossed | - 33 - | LRB100 04996 RJF 15006 b |
|
| 1 | | Board of Immigration
Appeals under 8 C.F.R. 292.2(a) and | 2 | | employees of those organizations accredited
under 8 C.F.R. | 3 | | 292.2(d).
| 4 | | (4) Any organization employing or desiring to employ a | 5 | | documented or undocumented immigrant or
nonimmigrant | 6 | | alien, where the organization, its employees or its agents
| 7 | | provide advice or assistance in immigration matters to | 8 | | documented or undocumented immigrant or nonimmigrant
alien | 9 | | employees or potential employees without compensation from | 10 | | the
individuals to whom such advice or assistance is | 11 | | provided.
| 12 | | Nothing in this Section shall regulate any business to the | 13 | | extent
that such regulation is prohibited or preempted by State | 14 | | or federal law.
| 15 | | All other persons providing or offering to provide | 16 | | immigration
assistance service shall be subject to this | 17 | | Section.
| 18 | | (b) Any person who provides or offers to provide | 19 | | immigration assistance
service may perform only the following | 20 | | services:
| 21 | | (1) Completing a government agency
form, requested by | 22 | | the customer and appropriate to the customer's
needs,
only | 23 | | if the completion of that form does not involve a legal
| 24 | | judgment
for that particular matter.
| 25 | | (2) Transcribing responses to a government agency form | 26 | | which is
related to an immigration matter, but not advising |
| | | SB0031 Engrossed | - 34 - | LRB100 04996 RJF 15006 b |
|
| 1 | | a customer as to his or
her answers on those forms.
| 2 | | (3) Translating information on forms to a customer and | 3 | | translating the
customer's answers to questions posed on | 4 | | those forms.
| 5 | | (4) Securing for the customer supporting documents | 6 | | currently in
existence, such as birth and marriage | 7 | | certificates, which may be needed to
be submitted with | 8 | | government agency forms.
| 9 | | (5) Translating documents from a foreign language into | 10 | | English.
| 11 | | (6) Notarizing signatures on government agency forms, | 12 | | if the person
performing the service is a notary public of | 13 | | the State of Illinois.
| 14 | | (7) Making referrals, without fee, to attorneys who | 15 | | could undertake
legal representation for a person in an | 16 | | immigration matter.
| 17 | | (8) Preparing or arranging for the preparation of | 18 | | photographs and
fingerprints.
| 19 | | (9) Arranging for the performance of medical testing
| 20 | | (including X-rays and AIDS tests) and the obtaining of | 21 | | reports of such test
results.
| 22 | | (10) Conducting English language and civics courses.
| 23 | | (11) Other services that the Attorney General | 24 | | determines by rule may be
appropriately performed by such | 25 | | persons in light of the purposes of this
Section.
| 26 | | Fees for a notary public, agency, or any other person who |
| | | SB0031 Engrossed | - 35 - | LRB100 04996 RJF 15006 b |
|
| 1 | | is not an attorney or an accredited representative filling out | 2 | | immigration forms shall be limited to the maximum fees set | 3 | | forth in subsections (a) and (b) of Section 3-104 of the Notary | 4 | | Public Act (5 ILCS 312/3-104). The maximum fee schedule set | 5 | | forth in subsections (a) and (b) of Section 3-104 of the Notary | 6 | | Public Act shall apply to any person that provides or offers to | 7 | | provide immigration assistance service performing the services | 8 | | described therein. The Attorney General may promulgate rules | 9 | | establishing maximum fees that may be charged for any services | 10 | | not described in that subsection. The maximum fees must be | 11 | | reasonable in light of the costs of providing those services | 12 | | and the degree of professional skill required to provide the | 13 | | services.
| 14 | | No person subject to this Act shall charge fees directly or
| 15 | | indirectly for referring an individual to an attorney or for | 16 | | any
immigration matter not authorized by this Article, provided | 17 | | that a person may
charge a fee for notarizing documents as | 18 | | permitted by the Illinois Notary
Public Act.
| 19 | | (c) Any person performing such services shall register with | 20 | | the Illinois
Attorney General and submit verification of | 21 | | malpractice insurance or of a
surety bond.
| 22 | | (d) Except as provided otherwise in this subsection, before | 23 | | providing
any
assistance in an immigration matter a person | 24 | | shall provide the customer with
a written contract that | 25 | | includes the following:
| 26 | | (1) An explanation of the services to be performed.
|
| | | SB0031 Engrossed | - 36 - | LRB100 04996 RJF 15006 b |
|
| 1 | | (2) Identification of all compensation and costs to be | 2 | | charged to the
customer for the services to be performed.
| 3 | | (3) A statement that documents submitted in support of | 4 | | an application
for nonimmigrant, immigrant, or | 5 | | naturalization status may not be retained
by the person for | 6 | | any purpose, including payment of compensation or costs.
| 7 | | This subsection does not apply to a not-for-profit | 8 | | organization that
provides advice or assistance in immigration | 9 | | matters to clients without charge
beyond a reasonable fee to | 10 | | reimburse the organization's or clinic's reasonable
costs | 11 | | relating to providing immigration services to that client.
| 12 | | (e) Any person who provides or offers immigration | 13 | | assistance service and
is not exempted from this Section, shall | 14 | | post signs at his or her place of
business, setting forth | 15 | | information in English and in every other language in
which the
| 16 | | person provides or offers to provide immigration assistance | 17 | | service. Each
language shall be on a separate sign. Signs shall | 18 | | be posted in a location
where the signs will be visible to | 19 | | customers. Each sign shall be at least
11 inches by 17 inches, | 20 | | and shall contain the following:
| 21 | | (1) The statement "I AM NOT AN ATTORNEY LICENSED TO | 22 | | PRACTICE LAW AND
MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES | 23 | | FOR LEGAL ADVICE."
| 24 | | (2) The statement "I AM NOT ACCREDITED TO REPRESENT YOU | 25 | | BEFORE THE
UNITED STATES IMMIGRATION AND NATURALIZATION | 26 | | SERVICE AND THE IMMIGRATION
BOARD OF APPEALS."
|
| | | SB0031 Engrossed | - 37 - | LRB100 04996 RJF 15006 b |
|
| 1 | | (3) The fee schedule.
| 2 | | (4) The statement that "You may cancel any contract
| 3 | | within 3 working days and get your money back for services | 4 | | not performed."
| 5 | | (5) Additional information the Attorney General may | 6 | | require by rule.
| 7 | | Every person engaged in immigration assistance service who | 8 | | is not an
attorney who advertises immigration assistance | 9 | | service in a language other
than English, whether by radio, | 10 | | television, signs, pamphlets, newspapers,
or other written | 11 | | communication, with the exception of a single desk plaque,
| 12 | | shall include in the document, advertisement, stationery, | 13 | | letterhead, business card, or other comparable written | 14 | | material the following notice in English and the language in | 15 | | which the written communication appears. This notice shall be
| 16 | | of a conspicuous size, if in writing, and shall state: "I AM | 17 | | NOT AN
ATTORNEY LICENSED TO PRACTICE LAW IN ILLINOIS AND MAY | 18 | | NOT GIVE LEGAL ADVICE OR ACCEPT
FEES FOR LEGAL ADVICE." If such | 19 | | advertisement is by radio or television,
the statement may be | 20 | | modified but must include substantially the same message.
| 21 | | Any person who provides or offers immigration assistance | 22 | | service and is not exempted from this Section shall not, in any | 23 | | document, advertisement, stationery, letterhead, business | 24 | | card, or other comparable written material, literally | 25 | | translate from English into another language terms or titles | 26 | | including, but not limited to, notary public, notary, licensed, |
| | | SB0031 Engrossed | - 38 - | LRB100 04996 RJF 15006 b |
|
| 1 | | attorney, lawyer, or any other term that implies the person is | 2 | | an attorney. To illustrate, the words "notario" and "poder | 3 | | notarial" are prohibited under this provision.
| 4 | | If not subject to penalties under subsection (a) of Section | 5 | | 3-103 of the Notary Public Act (5 ILCS 312/3-103), violations | 6 | | of this subsection shall result in a fine of $1,000. Violations | 7 | | shall not preempt or preclude additional appropriate civil or | 8 | | criminal penalties.
| 9 | | (f) The written contract shall be in both English and in | 10 | | the language
of the customer.
| 11 | | (g) A copy of the contract shall be provided to the | 12 | | customer upon the
customer's execution of the contract.
| 13 | | (h) A customer has the right to rescind a contract within | 14 | | 72 hours after
his or her signing of the contract.
| 15 | | (i) Any documents identified in paragraph (3) of subsection | 16 | | (c) shall be
returned upon demand of the customer.
| 17 | | (j) No person engaged in providing immigration services who | 18 | | is not exempted under this Section shall do any
of the | 19 | | following:
| 20 | | (1) Make any statement that the person can or will | 21 | | obtain special favors
from or has special influence with | 22 | | the United States Immigration and
Naturalization Service | 23 | | or any other government agency.
| 24 | | (2) Retain any compensation for service not performed.
| 25 | | (2.5) Accept payment in exchange for providing legal | 26 | | advice or any other assistance that requires legal |
| | | SB0031 Engrossed | - 39 - | LRB100 04996 RJF 15006 b |
|
| 1 | | analysis, legal judgment, or interpretation of the law.
| 2 | | (3) Refuse to return documents supplied by, prepared on | 3 | | behalf of, or paid
for by the customer upon the request of | 4 | | the customer. These documents must be
returned upon request | 5 | | even if there is a fee dispute between the immigration
| 6 | | assistant and the customer.
| 7 | | (4) Represent or advertise, in connection with the | 8 | | provision assistance
in immigration matters, other titles | 9 | | of credentials, including but not
limited to "notary | 10 | | public" or "immigration consultant," that could cause a
| 11 | | customer to believe that the person possesses special | 12 | | professional skills or
is authorized to provide advice on | 13 | | an immigration matter; provided that a
notary public | 14 | | appointed by the Illinois Secretary of State may use the | 15 | | term
"notary public" if the use is accompanied by the | 16 | | statement that the person
is not an attorney; the term | 17 | | "notary public" may not be translated to another language; | 18 | | for example "notario" is prohibited.
| 19 | | (5) Provide legal advice, recommend a specific course | 20 | | of legal action, or provide any other assistance that | 21 | | requires legal analysis, legal judgment, or interpretation | 22 | | of the law.
| 23 | | (6) Make any misrepresentation of false statement, | 24 | | directly or
indirectly, to influence, persuade, or induce | 25 | | patronage.
| 26 | | (k) (Blank)
|
| | | SB0031 Engrossed | - 40 - | LRB100 04996 RJF 15006 b |
|
| 1 | | (l) (Blank)
| 2 | | (m) Any person who violates any provision
of this Section, | 3 | | or the rules and regulations issued
under this Section, shall | 4 | | be guilty of a Class A misdemeanor for a first
offense and a | 5 | | Class 3 felony for a second or subsequent offense committed
| 6 | | within 5 years of a previous conviction for the same offense.
| 7 | | Upon his own information or upon the complaint of any | 8 | | person, the
Attorney General or any State's Attorney, or a | 9 | | municipality with a
population of more than 1,000,000, may | 10 | | maintain an action for injunctive
relief and also seek a civil | 11 | | penalty not exceeding $50,000 in the circuit court
against any | 12 | | person who violates any provision of
this Section. These | 13 | | remedies are in addition to, and not in substitution
for, other | 14 | | available remedies.
| 15 | | Notwithstanding this subsection (m), any If the Attorney | 16 | | General or any State's Attorney or a municipality
with a | 17 | | population of more than 1,000,000 fails to bring an action as
| 18 | | provided under this Section any person may file a civil action | 19 | | to
enforce the provisions of this Article and maintain an | 20 | | action for
injunctive relief, for compensatory damages to | 21 | | recover prohibited fees, or for such additional relief as may | 22 | | be appropriate to
deter, prevent, or compensate for the | 23 | | violation.
In order to deter violations of this Section, courts | 24 | | shall not require a
showing of the traditional elements for | 25 | | equitable relief. A prevailing
plaintiff may be awarded 3 times | 26 | | the prohibited fees or a minimum of $1,000 in
punitive damages, |
| | | SB0031 Engrossed | - 41 - | LRB100 04996 RJF 15006 b |
|
| 1 | | attorney's fees, and costs of
bringing an action under this | 2 | | Section.
It is the express intention
of the General Assembly | 3 | | that remedies for violation of this Section be
cumulative.
| 4 | | (n) No unit of local government, including any home rule | 5 | | unit, shall have
the authority to regulate immigration | 6 | | assistance services unless such
regulations are at least as | 7 | | stringent as those contained in this amendatory
Act of 1992. It | 8 | | is declared to be the law of this State, pursuant to
paragraph | 9 | | (i) of Section 6 of Article VII of the Illinois Constitution of
| 10 | | 1970, that this amendatory Act of 1992 is a limitation on the | 11 | | authority of a
home rule unit to exercise powers concurrently | 12 | | with the State. The
limitations of this Section do not apply to | 13 | | a home rule unit that has,
prior to the effective date of this | 14 | | amendatory Act, adopted an ordinance
regulating immigration | 15 | | assistance services.
| 16 | | (o) This Section is severable under Section 1.31 of the | 17 | | Statute on Statutes.
| 18 | | (p) The Attorney General shall issue rules not inconsistent | 19 | | with this
Section for the implementation, administration, and | 20 | | enforcement of this
Section. The rules may provide for the | 21 | | following:
| 22 | | (1) The content, print size, and print style of the | 23 | | signs required under
subsection (e). Print sizes and styles | 24 | | may vary from language to language.
| 25 | | (2) Standard forms for use in the administration of | 26 | | this Section.
|
| | | SB0031 Engrossed | - 42 - | LRB100 04996 RJF 15006 b |
|
| 1 | | (3) Any additional requirements deemed necessary.
| 2 | | (Source: P.A. 99-679, eff. 1-1-17 .)
| 3 | | Section 997. Severability. The provisions of this Act are | 4 | | severable under Section 1.31 of the Statute on Statutes.
| 5 | | Section 999. Effective date. This Act takes effect upon | 6 | | becoming law.
|
|