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AB-493 Crime: victims and witnesses: immigration violations.(2017-2018)

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Date Published: 02/13/2017 09:00 PM
AB493:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 493


Introduced by Assembly Member Jones-Sawyer

February 13, 2017


An act to add Section 679.015 to the Penal Code, relating to crime.


LEGISLATIVE COUNSEL'S DIGEST


AB 493, as introduced, Jones-Sawyer. Crime: victims and witnesses: immigration violations.
Existing law prohibits a peace officer from detaining an individual exclusively for any actual or suspected immigration violation or reporting or turning the individual over to federal immigration authorities whenever an individual who is a victim of or witness to a hate crime, as defined, or who otherwise can give evidence in a hate crime investigation, is not charged with or convicted of committing any crime under state law.
This bill would enact a prohibition similar to the one described above that would be applicable whenever an individual is a victim of or witness to a crime, or otherwise can give evidence in a criminal investigation, without regard to whether the crime is a hate crime.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 679.015 is added to the Penal Code, immediately following Section 679.01, to read:

679.015.
 (a) It is the public policy of this state to protect the public from crime and violence by encouraging all persons who are victims of or witnesses to crimes, or who otherwise can give evidence in a criminal investigation, to cooperate with the criminal justice system and not to penalize these persons for being victims or for cooperating with the criminal justice system.
(b) Whenever an individual who is a victim of or witness to a crime, or who otherwise can give evidence in a criminal investigation, is not charged with or convicted of committing any crime under state law, a peace officer may not detain the individual exclusively for any actual or suspected immigration violation or report or turn the individual over to federal immigration authorities.