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SB-429 Law enforcement: cooperation with federal immigration authorities.(2019-2020)

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Date Published: 04/02/2019 09:00 PM
SB429:v98#DOCUMENT

Amended  IN  Senate  April 02, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 429


Introduced by Senator Nielsen

February 21, 2019


An act to add Section 7284.11 to the Government Code, relating to law enforcement.


LEGISLATIVE COUNSEL'S DIGEST


SB 429, as amended, Nielsen. Law enforcement: cooperation with federal immigration authorities.
Existing law, the California Values Act, generally prohibits, with exceptions, a California law enforcement agency from using its moneys or personnel to investigate, detain, or arrest persons for immigration enforcement purposes. Existing law generally prohibits law enforcement from providing information regarding the release date of an individual from custody or from transferring an individual to immigration authorities without a warrant or judicial probable cause determination, unless the person has been convicted of specified crimes.
This bill would grant a law enforcement official or agency discretion to cooperate with federal immigration authorities regarding to apprehend an individual who is unlawfully in the United States if the individual has been convicted of driving under the influence of alcohol or drugs and an active warrant has been issued for the individual’s arrest. arrest for failure to appear to face charges of driving under the influence.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 7284.11 is added to the Government Code, to read:

7284.11.
 Notwithstanding Sections 7282.5 and 7284.6, or any other law, unless prohibited by federal law or the California Constitution, a law enforcement official or agency has discretion to cooperate with federal immigration authorities regarding in an effort to apprehend an individual who is unlawfully in the United States if the individual has been convicted of driving under the influence of alcohol or drugs in violation of Section 23152 or 23153 of the Vehicle Code and an active criminal warrant has been issued in California for the individual’s arrest. arrest for failure to appear to face charges of driving under the influence.