Full Text of SB0667 102nd General Assembly
SB0667sam002 102ND GENERAL ASSEMBLY | Sen. Omar Aquino Filed: 5/11/2021
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| 1 | | AMENDMENT TO SENATE BILL 667
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 667, AS AMENDED, | 3 | | with reference to page and line numbers on Senate Amendment | 4 | | No. 1, on page 1, by replacing line 9 through line 14 on page 5 | 5 | | with the following:
| 6 | | "(5 ILCS 805/5)
| 7 | | Sec. 5. Legislative purpose. Recognizing that State law | 8 | | does not currently grant State or local law enforcement the | 9 | | authority to enforce federal civil immigration laws, it is the | 10 | | intent of the General Assembly that nothing in this Act shall | 11 | | be construed to authorize any law enforcement agency or law | 12 | | enforcement official to enforce federal civil immigration law. | 13 | | The changes made to the definitions of immigration detainer | 14 | | and civil immigration warrant (formerly "non-judicial | 15 | | immigration warrant") by Section 10 of this amendatory Act of | 16 | | the 102nd General Assembly are declarative of existing law. | 17 | | This Act shall not be construed to prohibit or restrict any |
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| 1 | | entity from sending to, or receiving from, the United States | 2 | | Department of Homeland Security or other federal, State, or | 3 | | local government entity information regarding the citizenship | 4 | | or immigration status of any individual under Sections 1373 | 5 | | and 1644 of Title 8 of the United States Code. Further, nothing | 6 | | in this Act shall prevent a law enforcement officer from | 7 | | contacting another law enforcement agency for the purposes of | 8 | | clarifying or confirming the civil or criminal nature and | 9 | | status of notifications or other records possible offenses in | 10 | | a record provided by the National Crime Information Center , or | 11 | | detaining someone based on a notification in the Law | 12 | | Enforcement Agencies Data Administrative System unless it is | 13 | | clear that request is based on a non-judicial immigration | 14 | | warrant .
| 15 | | (Source: P.A. 100-463, eff. 8-28-17.) | 16 | | (5 ILCS 805/10)
| 17 | | Sec. 10. Definitions. In this Act: | 18 | | "Citizenship or immigration status" means all matters | 19 | | regarding citizenship of the United States or any other | 20 | | country or the authority to reside in or otherwise be present | 21 | | in the United States. | 22 | | "Civil immigration warrant" means any document that is not | 23 | | approved or ordered by a judge that can form the basis for an | 24 | | individual's arrest or detention for a civil immigration | 25 | | enforcement purpose. "Civil immigration warrant" includes Form |
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| 1 | | I-200 "Warrant for the Arrest of Alien," Form I-203 "Order to | 2 | | Detain or Release Alien," Form I-205 "Warrant of | 3 | | Removal/Deportation," Form I-286 "Notice of Custody | 4 | | Determination," any predecessor or successor form, and all | 5 | | warrants, hits, or requests contained in the "Immigration | 6 | | Violator File" of the FBI's National Crime Information Center | 7 | | (NCIC) database. "Civil immigration warrant" does not include | 8 | | any criminal warrant. | 9 | | "Contact information" means home address, work address, | 10 | | telephone number, electronic mail address, social media | 11 | | information, or any other personal identifying information | 12 | | that could be used as a means to contact an individual. | 13 | | "Immigration agent" means an agent of federal Immigration | 14 | | and Customs Enforcement, federal Customs and Border | 15 | | Protection, or any similar or successor agency. | 16 | | "Immigration detainer" means a request to a State or local | 17 | | law enforcement agency to provide notice of release or | 18 | | maintain custody of an individual based on an alleged | 19 | | violation of a civil immigration law, including detainers | 20 | | issued under Sections 1226 or 1357 of Title 8 of the United | 21 | | States Code or 287.7 or 236.1 of Title 8 of the Code of Federal | 22 | | Regulations. "Immigration detainer" includes Form I-247A | 23 | | "Immigration Detainer – Notice of Action" and any predecessor | 24 | | or successor form. a document issued by an immigration agent | 25 | | that is not approved or ordered by a judge and requests a law | 26 | | enforcement agency or law enforcement official to provide |
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| 1 | | notice of release or maintain custody of a person, including a | 2 | | detainer issued under Section 1226 or 1357 of Title 8 of the | 3 | | United States Code or Section 236.1 or 287.7 of Title 8 of the | 4 | | Code of Federal Regulations. | 5 | | "Law enforcement agency" means an agency of the State or | 6 | | of a unit of local government charged with enforcement of | 7 | | State, county, or municipal laws or with managing custody of | 8 | | detained persons in the State. | 9 | | "Law enforcement official" means any individual with the | 10 | | power to arrest or detain individuals, including law | 11 | | enforcement officers, county corrections officer, and others | 12 | | employed or designated by a law enforcement agency. "Law | 13 | | enforcement official" includes any probation officer. | 14 | | "Non-judicial immigration warrant" means a Form I-200 or | 15 | | I-205 administrative warrant or any other immigration warrant | 16 | | or request that is not approved or ordered by a judge, | 17 | | including administrative warrants entered into the Federal | 18 | | Bureau of Investigation's National Crime Information Center | 19 | | database.
| 20 | | (Source: P.A. 100-463, eff. 8-28-17.)".
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