Full Text of SB2079 102nd General Assembly
SB2079sam001 102ND GENERAL ASSEMBLY | Sen. Cristina Castro Filed: 4/12/2021
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| 1 | | AMENDMENT TO SENATE BILL 2079
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2079 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Voices of Immigrant Communities Empowering | 5 | | Survivors (VOICES) Act is amended by changing Section 10 and | 6 | | by adding Section 11 as follows: | 7 | | (5 ILCS 825/10)
| 8 | | Sec. 10. Certifications for victims of qualifying criminal | 9 | | activity. | 10 | | (a) The head of each certifying agency shall designate an | 11 | | official or officials in supervisory roles, either within the | 12 | | agency or, by agreement with another agency with concurrent | 13 | | jurisdiction over the geographic area or subject matter | 14 | | covered by that agency, within that other agency. Designated | 15 | | officials may not be members of a collective bargaining unit | 16 | | represented by a labor organization, unless the official is an |
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| 1 | | attorney or is employed in an agency in which all supervisory | 2 | | officials are members of a collective bargaining unit. | 3 | | Certifying officials shall: | 4 | | (1) respond to requests for completion of | 5 | | certification forms received by the agency, as required by | 6 | | this Section; and | 7 | | (2) make information regarding the agency's procedures | 8 | | for certification requests publicly available for victims | 9 | | of qualifying criminal activity and their representatives. | 10 | | (b) Any person seeking completion of a certification form | 11 | | shall first submit a request for completion of the | 12 | | certification form to the certifying official for any | 13 | | certifying agency that detected, investigated, or prosecuted | 14 | | the criminal activity upon which the request is based. | 15 | | (c) A request for completion of a certification form under | 16 | | this Section may be submitted by a representative of the | 17 | | person seeking the certification form, including, but not | 18 | | limited to, an attorney, accredited representative, or | 19 | | domestic violence or sexual assault services provider. | 20 | | (d) Upon receiving a request for completion of a | 21 | | certification form, a certifying official shall complete the | 22 | | certification form for any victim of qualifying criminal | 23 | | activity. If the certifying official cannot determine that the | 24 | | applicant is a victim of qualifying criminal activity, the | 25 | | certifying official may provide written notice to the person | 26 | | or the person's representative explaining why the available |
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| 1 | | evidence does not support a finding that the person is a victim | 2 | | of qualifying criminal activity. The certifying official shall | 3 | | complete the certification form and provide it to the person | 4 | | within 90 business days of receiving the request, except: | 5 | | (1) if the person making the request for completion of | 6 | | the certification form is in federal immigration removal | 7 | | proceedings or detained, the certifying official shall | 8 | | complete and provide the certification form to the person | 9 | | no later than 21 business days after the request is | 10 | | received by the certifying agency; | 11 | | (2) if the children, parents, or siblings of the | 12 | | person making the request for completion of the | 13 | | certification form would become ineligible for benefits | 14 | | under Sections 1184(p) and 1184(o) of Title 8 of the | 15 | | United States Code by virtue of the person's children | 16 | | having reached the age of 21 years, the person having | 17 | | reached the age of 21 years, or the person's sibling | 18 | | having reached the age of 18 years within 90 business days | 19 | | from the date that the certifying official receives the | 20 | | certification request, the certifying official shall | 21 | | complete and provide the certification form to the person | 22 | | no later than 21 business days after the request is | 23 | | received by the certifying agency; | 24 | | (3) if the person's children, parents, or siblings | 25 | | under paragraph (2) of this subsection (d) would become | 26 | | ineligible for benefits under Sections 1184(p) and 1184(o) |
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| 1 | | of Title 8 of the United States Code in less than 21 | 2 | | business days of receipt of the certification request, the | 3 | | certifying official shall complete and provide a | 4 | | certification form to the person within 5 business days; | 5 | | or | 6 | | (4) a certifying official may extend the time period | 7 | | by which it must complete and provide the certification | 8 | | form to the person as required under this subsection (d) | 9 | | only upon written agreement with the person or person's | 10 | | representative. | 11 | | Requests for expedited completion of a certification form | 12 | | under paragraphs (1), (2), and (3) of this subsection (d) | 13 | | shall be affirmatively raised by the person or that person's | 14 | | representative in writing to the certifying agency and shall | 15 | | establish that the person is eligible for expedited review. | 16 | | (e) A certifying official who issued an initial | 17 | | certification form shall complete and reissue a certification | 18 | | form within 90 business days of receiving a request from a | 19 | | victim to reissue. If the victim seeking recertification has a | 20 | | deadline to respond to a request for evidence from United | 21 | | States Citizenship and Immigration Services, the certifying | 22 | | official shall complete and issue the form no later than 21 | 23 | | business days after the request is received by the certifying | 24 | | official. Requests for expedited recertification shall be | 25 | | affirmatively raised by the victim or victim's representative | 26 | | in writing and shall establish that the victim is eligible for |
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| 1 | | expedited review. A certifying official may extend the | 2 | | deadline by which he or she will complete and reissue the | 3 | | certification form only upon written agreement with the victim | 4 | | or victim's representative. | 5 | | (f) Notwithstanding any other provision of this Section, a | 6 | | certifying official's completion of a certification form shall | 7 | | not be considered sufficient evidence that an applicant for a | 8 | | U or T visa has met all eligibility requirements for that visa | 9 | | and completion of a certification form by a certifying | 10 | | official shall not be construed to guarantee that the victim | 11 | | will receive federal immigration relief. It is the exclusive | 12 | | responsibility of federal immigration officials to determine | 13 | | whether a person is eligible for a U or T visa. Completion of a | 14 | | certification form by a certifying official merely verifies | 15 | | factual information relevant to the federal immigration | 16 | | benefit sought, including information relevant for federal | 17 | | immigration officials to determine eligibility for a U or T | 18 | | visa. By completing a certification form, the certifying | 19 | | official attests that the information is true and correct to | 20 | | the best of the certifying official's knowledge. No provision | 21 | | in this Act limits the manner in which a certifying officer or | 22 | | certifying agency may describe whether the person has | 23 | | cooperated or been helpful to the agency or provide any | 24 | | additional information the certifying officer or certifying | 25 | | agency believes might be relevant to a federal immigration | 26 | | officer's adjudication of a U or T visa application. If, after |
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| 1 | | completion of a certification form, the certifying official | 2 | | later determines the person was not the victim of qualifying | 3 | | criminal activity or the victim unreasonably refuses to assist | 4 | | in the investigation or prosecution of the qualifying criminal | 5 | | activity of which he or she is a victim, the certifying | 6 | | official may notify United States Citizenship and Immigration | 7 | | Services in writing. | 8 | | (g) A certifying official or agency receiving requests for | 9 | | completion of certification forms shall not disclose the | 10 | | immigration status of a victim or person requesting the | 11 | | certification form, except to comply with federal law or State | 12 | | law, legal process, or if authorized, by the victim or person | 13 | | requesting the certification form.
| 14 | | (Source: P.A. 100-1115, eff. 1-1-19.) | 15 | | (5 ILCS 825/11 new) | 16 | | Sec. 11. Denials. | 17 | | (a) If the certifying official does not determine that the | 18 | | requester is a victim of a qualifying criminal activity, the | 19 | | certifying official shall provide written notice to the person | 20 | | or the person's representative explaining why the available | 21 | | evidence does not support a finding that the person is a victim | 22 | | of qualifying criminal activity. The certifying official shall | 23 | | submit the notice to the address provided in the request and | 24 | | shall provide contact information should the requester desire | 25 | | to appeal the decision. The certifying agency or certifying |
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| 1 | | official shall accept all appeals and must respond to the | 2 | | appeals within 30 business days. | 3 | | (b) Notwithstanding subsection (a), no requester is | 4 | | required to file an administrative appeal or otherwise exhaust | 5 | | administrative remedies with a certifying official or agency | 6 | | under subsection (a) before filing a mandamus action or | 7 | | seeking other equitable relief in circuit court for a | 8 | | completed certification form required under Section 10. ".
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