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AB-1252 State law: immigration: local government: state grants.(2017-2018)

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Date Published: 02/17/2017 09:00 PM
AB1252:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1252


Introduced by Assembly Member Travis Allen

February 17, 2017


An act to repeal and add Chapter 17.1 (commencing with Section 7282) of Division 7 of Title 1 of the Government Code, relating to immigration.


LEGISLATIVE COUNSEL'S DIGEST


AB 1252, as introduced, Travis Allen. State law: immigration: local government: state grants.
Existing federal law authorizes any authorized immigration officer to issue an immigration detainer that serves to advise another law enforcement agency that the federal department seeks custody of an alien presently in the custody of that agency, for the purpose of arresting and removing the alien. Existing federal law provides that the detainer is a request that the agency advise the federal department, prior to release of the alien, in order for the department to arrange to assume custody in situations when gaining immediate physical custody is either impracticable or impossible.
Existing state law prohibits a law enforcement official, as defined, from detaining an individual on the basis of a United States Immigration and Customs Enforcement hold after that individual becomes eligible for release from custody, unless, at the time that the individual becomes eligible for release from custody, certain conditions are met, including, among other things, that the individual has been convicted of specified crimes.
This bill would repeal these state law provisions. The bill would enact the Promoting Cooperative Law Enforcement to Detain Criminal Aliens and to Eliminate Sanctuary Jurisdiction Act of 2017. The bill would define the term “sanctuary jurisdiction” for purposes of these provisions and would prohibit a city, county, or city and county designated as a sanctuary jurisdiction from receiving grant funding from the state.
The bill, commencing March 1, 2018, would require the Attorney General to determine annually whether a city, county, or city and county is a sanctuary jurisdiction and provide notice to the city, county, or city and county of that designation. The bill would authorize a city, county, or city and county to respond to the Attorney General up to 30 days after the preliminary designation. The bill would require the Attorney General, after consideration of any response provided, to list a city, county, or city and county that, in the opinion of the Attorney General, is a sanctuary jurisdiction on the Attorney General’s Internet Web site.
The bill would authorize a resident of the State of California to bring a civil action alleging that a city, county, or city and county is a sanctuary jurisdiction. The bill would provide that upon a final determination by a court that a city, county, or city and county named in the suit is a sanctuary jurisdiction, a court shall notify the Attorney General who shall add the city, county, or city and county to the list on its Internet Web site. The bill would exempt the state, a political subdivision of the state, or an officer, employee, or agent of the state or a political subdivision of the state, from liability in a legal proceeding that challenges the legality of the seizure or detention of an individual relying in good faith upon a detainer issued by the United States Department of Homeland Security for actions taken in compliance with the detainer.
The bill would require a state grant application to include a specified statement regarding the ineligibility of a sanctuary jurisdiction for state grant funds.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Chapter 17.1 (commencing with Section 7282) of Division 7 of Title 1 of the Government Code is repealed.

SEC. 2.

 Chapter 17.1 (commencing with Section 7282) is added to Division 7 of Title 1 of the Government Code, to read:
CHAPTER  17.1. Cooperative Law Enforcement and Detention of Criminal Aliens

7282.
 This chapter shall be known and may be cited as the “Promoting Cooperative Law Enforcement to Detain Criminal Aliens and to Eliminate Sanctuary Jurisdictions Act of 2017.”

7282.1.
 (a) As used in this chapter, the term “sanctuary jurisdiction” means a city, county, or city and county, or a department or agency of a city, county, or city and county that has in effect an ordinance, policy, or practice that prohibits or restricts any government entity or official from any of the following:
(1) Sending, receiving, maintaining, or exchanging with any federal, state, or local government entity information regarding the citizenship or immigration status, lawful or unlawful, of an individual.
(2) Complying with a lawful request by the United States Department of Homeland Security for the identity, including, if requested, the home or work address, of a person who was arrested for the commission of a misdemeanor or felony offense.
(3) Complying with a lawful request by the United States Department of Homeland Security under Section 236 or 287 of the federal Immigration and Nationality Act (8 U.S.C. Secs. 1226 and 1357) to comply with a detainer for up to 48 hours, excluding Saturdays, Sundays, and holidays.
(4) Complying with a lawful request by the United States Department of Homeland Security under Section 236 or 287 of the federal Immigration and Nationality Act (8 U.S.C. Secs. 1226 and 1357) to notify about the release of an individual. As used in this paragraph, the term “notify about the release of an individual” includes the projected date of release of an individual if this information is also requested by the United States Department of Homeland Security.
(b) A city, county, or city and county, or a department or agency of a city, county, or city and county shall not be deemed a sanctuary jurisdiction based solely on its having a policy whereby its officials will not share information regarding, or comply with a request made by the United States Department of Homeland Security under Section 236 or 287 of the federal Immigration and Nationality Act (8 U.S.C. Secs. 1226 and 1357) to comply with a detainer regarding, an individual who comes forward as a victim or a witness to a criminal offense.

7282.2.
 (a) A city, county, or city and county designated as a sanctuary jurisdiction pursuant to this chapter shall be ineligible to receive grant funding from the state.
(b) This section shall not apply to any grant funding required pursuant to the United States Constitution, the California Constitution, or federal law. It shall also not apply to funding provided pursuant to the California Disaster Assistance Act (Chapter 7.5 (commencing with Section 8680) of Division 1 of Title 2).
(c) Commencing March 1, 2018, the Attorney General shall determine annually whether a city, county, or city and county is a sanctuary jurisdiction as defined in Section 7282.1. The Attorney General shall provide notice to a city, county, or city and county that he or she has determined that the city, county, or city and county is a sanctuary jurisdiction and shall provide the city, county, or city and county with an opportunity to respond up to 30 days after the preliminary designation. The Attorney General shall consider any response provided. Commencing April 1, 2018, after considering any responses submitted, the Attorney General shall list a city, county, or city and county that, in the opinion of the Attorney General, is a sanctuary jurisdiction on the Attorney General’s Internet Web site. Except as provided in subdivision (b), a sanctuary jurisdiction shall not be eligible for state grant funds.
(d) A city, county, or city and county, or a department or agency of a city, county, or city and county that rescinds a restrictive ordinance, policy, or practice specified in Section 7282.1 shall be removed from the list specified in subdivision (c) on April 1 following the rescission of that ordinance, policy, or practice if the Attorney General determines and certifies that the city, county, or city and county is no longer a sanctuary jurisdiction. Upon removal of a city, county, or city and county from the list, it shall become eligible to receive grant funding from the state if all other eligibility criteria for receipt of the applicable grant funds are met.
(e) The Attorney General shall include in the list of sanctuary jurisdictions specified in subdivision (c) any city, county, or city and county for which a court has made a final determination that the city, county, or city and county is a sanctuary jurisdiction pursuant to Section 7282.3. The Attorney General shall not remove a city, county, or city and county from the list of sanctuary jurisdictions that was initially designated as a sanctuary jurisdiction by a court pursuant to Section 7282.3 until the court makes a determination pursuant to subdivision (b) of Section 7282.3 that the city, county, or city and county no longer is a sanctuary jurisdiction. If the court makes that determination, the procedure specified in subdivision (d) shall apply.
(f) Except as provided in subdivision (b), a city, county, or city and county listed as a sanctuary jurisdiction pursuant to subdivision (c) or pursuant to subdivision (e), shall not be eligible to receive grant funding from the state or a department, board, or commission of the state.
(g) Except as provided in subdivision (b), the Controller shall not issue grant funds to a city, county, or city and county that is designated as a sanctuary jurisdiction.

7282.3.
 (a) A resident of California is authorized to bring a civil action alleging that a city, county, or city and county is a sanctuary jurisdiction defined in Section 7282.1. The plaintiff shall file notice with the Attorney General as well as the defendant upon the filing of this civil action.
(b) Upon a final determination by a court that a city, county, or city and county named in the suit is a sanctuary jurisdiction, a court shall notify the Attorney General that the city, county, or city and county is a sanctuary jurisdiction. The Attorney General shall add a city, county, or city and county so designated that is not currently included on the list described in subdivision (c) of Section 7282.2 to the list described in subdivision (c) of Section 7282.2. If the city, county, or city and county was determined by the court to be a sanctuary city as defined by Section 7382.2, and it was already included on the list described in subdivision (c) of Section 7282.2, the sanctuary jurisdiction shall not be removed from the list by the Attorney General unless the court determines that the city, county, or city and county no longer has any ordinance, policy, or practice that caused the court to determine that the city, county, or city and county is a sanctuary jurisdiction.
(c) The court shall have continuing jurisdiction to determine whether a city, county, or city, and county is no longer a sanctuary jurisdiction.
(d) A successful plaintiff who brings an action pursuant to subdivision (a) shall be entitled to an award of attorney’s fees and costs.

7282.4.
 In any legal proceeding brought against the State of California, a political subdivision of the state, or an officer, employee, or agent of the state or political subdivision, that challenges the legality of the seizure or detention of an individual relying in good faith upon a detainer issued by the United States Department of Homeland Security under Section 236 or 287 of the federal Immigration and Nationality Act (8 U.S.C. Secs. 1226 and 1357), no liability shall lie against the state or political subdivision of the state, or against an officer, employee, or agent of the state or political subdivision for actions taken in compliance with the detainer.

7282.5.
 (a) An employee of a city, county, or city and county, or a department or agency of a city, county, or city and county shall have the right to report a violation of this chapter to the Attorney General, or to provide testimony in litigation conducted pursuant to Section 7282.3.
(b) An employer shall not directly or indirectly use or attempt to use his or her official authority or influence to intimidate, threaten, coerce, or command, or attempt to intimidate, threaten, coerce, or command, an employee for the purpose of interfering with the right, or to engage in punitive action of the legislative employee to make a disclosure or to provide testimony as specified in subdivision (a).
(c) In addition to all other penalties provided by law, a person who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts, or imposes punitive action against an employee for having made a protected disclosure pursuant to subdivision (a) is liable in a civil action for damages brought by the employee.

7282.6.
 A state grant application, except as specified in subdivision (b) of Section 7282.2, shall include the following statement:
“THIS GRANT IS SUBJECT TO THE PROVISIONS OF CHAPTER 17.1 (COMMENCING WITH SECTION 7282) of DIVISION 7 OF TITLE 1 OF THE GOVERNMENT CODE THAT PROHIBIT A SANCTUARY JURISDICTION, AS DEFINED IN SECTION 7282.1 OF THE GOVERNMENT CODE FROM RECEIVING STATE GRANT FUNDS. A CITY, COUNTY, CITY AND COUNTY, OR A DEPARTMENT OR AGENCY OF A CITY, COUNTY, OR CITY AND COUNTY THAT IS DESIGNATED BY THE ATTORNEY GENERAL OR A COURT AS A SANCTUARY JURISDICTION IS INELIGIBLE TO RECEIVE STATE GRANT FUNDS.”