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SB-54 Law enforcement: sharing data.(2017-2018)

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Date Published: 12/06/2016 08:55 PM
SB54:v99#DOCUMENT

Corrected  December 06, 2016

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 54


Introduced by Senator De León
(Principal coauthor: Senator Pan)
(Principal coauthor: Assembly Member Levine)

December 05, 2016


An act to repeal Section 11369 of the Health and Safety Code, and to add Chapter 8 (commencing with Section 885) to Title 3 of Part 2 of the Penal Code, relating to law enforcement.


LEGISLATIVE COUNSEL'S DIGEST


SB 54, as introduced, De León. Law enforcement: sharing data.
Existing law provides that when there is reason to believe that a person arrested for a violation of specified controlled substance provisions may not be a citizen of the United States, the arresting agency shall notify the appropriate agency of the United States having charge of deportation matters.
This bill would repeal those provisions.
Existing law provides that whenever an individual who is a victim of or witness to a hate crime, or who otherwise can give evidence in a hate crime 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.
This bill would, among other things, prohibit state and local law enforcement agencies and school police and security departments from using resources to investigate, detain, detect, report, or arrest persons for immigration enforcement purposes, or to investigate, enforce, or assist in the investigation or enforcement of any federal program requiring registration of individuals on the basis of race, gender, sexual orientation, religion, or national or ethnic origin, as specified. The bill would require state agencies to review their confidentiality policies and identify any changes necessary to ensure that information collected from individuals is limited to that necessary to perform agency duties and is not used or disclosed for any other purpose, as specified. The bill would require public schools, hospitals, and courthouses to establish and make public policies that limit immigration enforcement on their premises and would require the Attorney General, in consultation with appropriate stakeholders, to publish model policies for use by those entities for those purposes.
The bill would state findings and declarations of the Legislature relating to these provisions.
By imposing additional duties on public schools, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 11369 of the Health and Safety Code is repealed.
11369.

When there is reason to believe that any person arrested for a violation of Section 11350, 11351, 11351.5, 11352, 11353, 11355, 11357, 11359, 11360, 11361, 11363, 11366, 11368 or 11550, may not be a citizen of the United States, the arresting agency shall notify the appropriate agency of the United States having charge of deportation matters.

SEC. 2.

 Chapter 8 (commencing with Section 885) is added to Title 3 of Part 2 of the Penal Code, to read:
CHAPTER  8. Cooperation With Federal Immigration Authorities

885.
 This chapter shall be known, and may be cited, as the California Values Act.

885.2.
 The Legislature finds and declares the following:
(a) Immigrants are valuable and essential members of the California community. Almost one in three Californians is foreign born and one in two children in California has at least one immigrant parent.
(b) A relationship of trust between California’s immigrant community and state and local law enforcement agencies is central to the public safety of the people of California.
(c) This trust is threatened when local law enforcement agencies are entangled with federal immigration enforcement, with the result that immigrant community members fear approaching police when they are victims of, and witnesses to, crimes.
(d) This act seeks to protect the safety and constitutional rights of the people of California, and to direct the state’s limited resources to matters of greatest concern to state and local governments.

885.4.
 For purposes of this chapter, the following terms have the following meanings:
(a) “Civil immigration warrant” means any warrant for a violation of federal civil immigration law, and includes civil immigration warrants entered in the National Crime Information Center database.
(b) “Federal immigration authority” means any officer, employee, or person otherwise paid by or acting as an agent of United States Immigration and Customs Enforcement or any division thereof, or any other officer, employee, or person otherwise paid by or acting as an agent of the United States Department of Homeland Security who is charged with immigration enforcement.
(c) “Hold request,” “notification request,” and “local law enforcement agency” have the same meaning as provided in Section 7283 of the Government Code.
(d) “Immigration enforcement” includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person’s presence in, entry, or reentry to, or employment in, the United States, including, but not limited to, violations of Section 1253, 1324c, 1325, or 1326 of Title 8 of the United States Code.
(e) “Judicial warrant” means a warrant based on probable cause and issued by a federal judge or a federal magistrate judge that authorizes federal immigration authorities to take into custody the person who is the subject of the warrant.
(f) “School police and security departments” includes police and security departments of the California State University, California Community Colleges, schools, and school districts.
(g) “State agency” has the same meaning as provided in Section 11000 of the Government Code.

885.6.
 (a) State and local law enforcement agencies and school police and security departments shall not do any of the following:
(1) Use agency or department moneys, facilities, property, equipment, or personnel to investigate, detain, detect, report, or arrest persons for immigration enforcement purposes, including, but not limited to, any of the following:
(A) Responding to hold, notification, and transfer requests from federal immigration authorities.
(B) Responding to requests for nonpublicly available personal information about an individual, including, but not limited to, information about the person’s release date, home address, or work address for immigration enforcement purposes.
(C) Making arrests based on civil immigration warrants.
(D) Giving federal immigration authorities access to interview individuals in agency or department custody for immigration enforcement purposes.
(E) Performing the functions of an immigration officer, whether pursuant to Section 1357(g) of Title 8 of the United States Code or any other law, regulation, or policy, whether formal or informal.
(2) Use agency or department moneys, facilities, property, equipment, or personnel to investigate, enforce, or assist in the investigation or enforcement of any federal program requiring registration of individuals on the basis of race, gender, sexual orientation, religion, or national or ethnic origin.
(3) Make agency or department databases available to anyone or any entity for the purpose of immigration enforcement or investigation or enforcement of any federal program requiring registration of individuals on the basis of race, gender, sexual orientation, religion, immigration status, or national or ethnic origin. Any agreements in existence on the date that this chapter becomes operative that make any agency or department database available in conflict with the terms of this paragraph are terminated on that date.
(4) Place peace officers under the supervision of federal agencies or employ peace officers deputized as special federal officers or special federal deputies except to the extent those peace officers remain subject to California law governing conduct of peace officers and the policies of the employing agency.
(b) Nothing in this section shall prevent the department or any state or local law enforcement agency, including school police or security departments, from responding to a request from federal immigration authorities for information about a specific person’s previous criminal arrests or convictions where otherwise permitted by state law or from responding to a lawful subpoena.
(c) Notwithstanding any other law, in no event shall state or local law enforcement agencies or school police or security departments transfer an individual to federal immigration authorities for purposes of immigration enforcement or detain an individual at the request of federal immigration authorities for purposes of immigration enforcement absent a judicial warrant. This subdivision does not limit the scope of subdivision (a).

885.8.
 (a) In order to ensure that eligible individuals are not deterred from seeking services or engaging with state agencies, all state agencies shall review their confidentiality policies and identify any changes necessary to ensure that information collected from individuals is limited to that necessary to perform agency duties and is not used or disclosed for any other purpose. Any necessary changes to those policies shall be made as expeditiously as possible, consistent with agency or department procedures.
(b) The Attorney General, in consultation with the appropriate stakeholders, shall publish model policies for public schools, hospitals, and courthouses to ensure that all public schools, hospitals, and courthouses remain safe and accessible to all California residents, regardless of immigration status. All public schools, hospitals, and courthouses shall establish and make public policies that limit immigration enforcement on their premises to the fullest extent possible consistent with federal and state law.

885.10.
 Nothing in this chapter prohibits any state or local agency from sending to, or receiving from, any local, state, or federal agency, information regarding an individual’s citizenship or immigration status. “Information regarding an individual’s citizenship or immigration status,” for purposes of this section, means a statement of the individual’s country of citizenship or a statement of the individual’s immigration status, respectively.

885.12.
 The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SEC. 3.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.