Full Text of SB3774 101st General Assembly
SB3774 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3774 Introduced 2/14/2020, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED: |
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Amends the Illinois TRUST Act. Modifies the definitions of "immigration detainer" and "non-judicial immigration warrant" for purposes of the Act. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning immigration.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois TRUST Act is amended by changing | 5 | | Section 10 as follows: | 6 | | (5 ILCS 805/10)
| 7 | | Sec. 10. Definitions. In this Act: | 8 | | "Immigration detainer" means a request to a State or local | 9 | | law enforcement agency to provide notice of release or maintain | 10 | | custody of an individual based on an alleged violation of a | 11 | | civil immigration law, including detainers issued pursuant to | 12 | | Sections 1226 or 1357 of Title 8 of the United States Code or | 13 | | Sections 287.7 or 236.1 of Title 8 of the Code of Federal | 14 | | Regulations. An immigration detainer includes, but is not | 15 | | limited to, Form I-247A (Immigration Detainer – Notice of | 16 | | Action form) and any predecessor or successor form. a document | 17 | | issued by an immigration agent that is not approved or ordered | 18 | | by a judge and requests a law enforcement agency or law | 19 | | enforcement official to provide notice of release or maintain | 20 | | custody of a person, including a detainer issued under Section | 21 | | 1226 or 1357 of Title 8 of the United States Code or Section | 22 | | 236.1 or 287.7 of Title 8 of the Code of Federal Regulations. | 23 | | "Law enforcement agency" means an agency of the State or of |
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| 1 | | a unit of local government charged with enforcement of State, | 2 | | county, or municipal laws or with managing custody of detained | 3 | | persons in the State. | 4 | | "Law enforcement official" means any individual with the | 5 | | power to arrest or detain individuals, including law | 6 | | enforcement officers, county corrections officer, and others | 7 | | employed or designated by a law enforcement agency. | 8 | | "Non-judicial immigration warrant" means an immigration | 9 | | warrant of arrest, order to detain or release aliens, notice of | 10 | | custody determination, notice to appear, removal order, | 11 | | warrant of removal, or any other document that can form the | 12 | | basis for an individual's arrest or detention for a civil | 13 | | immigration enforcement purpose. A civil immigration warrant | 14 | | includes, but is not limited to, Form I-200 (Warrant for the | 15 | | Arrest of Alien), Form I-205 (Warrant of Removal/Deportation), | 16 | | any predecessor or successor form, and all warrants, hits, or | 17 | | requests contained in the Immigration Violator File of the | 18 | | National Crime Information Center database of the Federal | 19 | | Bureau of Investigations. "Non-judicial immigration warrant" | 20 | | does not include any criminal warrant issued upon a judicial | 21 | | determination of probable cause, and in compliance with the | 22 | | requirements of the 4th Amendment to the United States | 23 | | Constitution and Section 6 of Article I of the Illinois | 24 | | Constitution. a Form I-200 or I-205 administrative warrant or | 25 | | any other immigration warrant or request that is not approved | 26 | | or ordered by a judge, including administrative warrants |
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| 1 | | entered into the Federal Bureau of Investigation's National | 2 | | Crime Information Center database.
| 3 | | (Source: P.A. 100-463, eff. 8-28-17.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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