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SB-183 State buildings: federal immigration agents.(2017-2018)

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Date Published: 01/22/2018 09:00 PM
SB183:v97#DOCUMENT

Amended  IN  Senate  January 22, 2018
Amended  IN  Senate  September 08, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 183


Introduced by Senator Lara
(Principal coauthors: Assembly Members Chiu and Gonzalez Fletcher)
(Coauthors: Senators Atkins, Bradford, and Pan Mitchell, Pan, Skinner, and Wiener)
(Coauthors: Assembly Members Bocanegra, Bonta, Caballero, Chu, Gloria, Jones-Sawyer, Kalra, Quirk, Reyes, Rubio, Santiago, Thurmond, and Ting)

January 24, 2017


An act to add Chapter 31.5 (commencing with Section 7595.5) to Division 7 of Title 1 of the Government Code, relating to state buildings.


LEGISLATIVE COUNSEL'S DIGEST


SB 183, as amended, Lara. State buildings: federal immigration agents.
Existing law prohibits specified conduct inside public buildings owned and occupied, or leased and occupied by the state.
This bill would prohibit federal immigration enforcement agents, officers, or personnel from entering a building owned and occupied, or leased and occupied, by the state, a public school, or a campus of the California Community Colleges, to perform surveillance, effectuate an arrest, or question an individual therein, without a valid federal warrant. warrant, and would limit the activities therein of federal immigration enforcement agents, officers, or personnel with a warrant to the individual who is the subject of the warrant.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares all of 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. A relationship of trust between California’s immigrant community and state and local agencies is central to the enforcement of various civil laws that impact the people of California. This trust is threatened when state and local agencies are entangled with federal immigration enforcement, with the result that immigrant community members fear approaching various state agencies when they seek to claim earned benefits or to report violations of state law or regulations, including, but not limited to, insurance, wage and hour claims, workers’ compensation benefits, Cal-OSHA Division of Occupational Safety and Health violations, and unfair labor practices.
(b) The presence of federal immigration enforcement agents or personnel in various state buildings or facilities in which immigrant community members appear to report violations of state laws or regulations will serve to discourage them from reporting those violations, against the public interest of all Californians.
(c) Immigrant community members appear in California state courts, both civil and criminal, pursuant to a subpoena, a warrant, or to pay fines. They do so with an expectation that the matter at issue is strictly a state matter, and they are not subject to contact with, or review by, federal immigration enforcement.

SEC. 2.

 Chapter 31.5 (commencing with Section 7595.5) is added to Division 7 of Title 1 of the Government Code, to read:
CHAPTER  31.5. Federal Immigration Enforcement Agents in State and Public School Buildings

7595.5.
 (a) Federal immigration enforcement agents, officers, or personnel shall not enter a building owned and occupied, or leased and occupied, by the state, a public school, or a campus of the California Community colleges, Colleges, to perform surveillance, effectuate an arrest, or question an individual therein, without a valid federal warrant.
(b) When in possession of a valid federal warrant, the activities of federal immigration enforcement agents, officers, or personnel in a building owned and occupied, or leased and occupied, by the state, a public school, or a campus of the California Community Colleges, shall be limited to the individual who is the subject of the warrant.

(b)

(c) For purposes of this section:
(1) “Public school” means a public elementary or secondary school offering kindergarten or any of grades 1 to 12, inclusive.
(2) “State” means a state agency, as defined pursuant to Section 11000, the Legislature, superior court, court of appeal, the Supreme Court, the Judicial Council, or the Administrative Office of the Courts, and each campus of the California State University and the University of California.