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AB-2641 Law enforcement: cooperation with immigration authorities.(2023-2024)

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Date Published: 04/11/2024 09:00 PM
AB2641:v98#DOCUMENT

Amended  IN  Assembly  April 11, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2641

Introduced by Assembly Member Essayli

February 14, 2024

An act to repeal Section 12017 of add Section 7282.7 to the Government Code, and to amend Section 4807 of the Penal Code, relating to pardons, reprieves, and commutations. relating to law enforcement.


LEGISLATIVE COUNSEL'S DIGEST


AB 2641, as amended, Essayli. Pardons, reprieves, and commutations: reports to the Legislature. Law enforcement: cooperation with immigration authorities.
Under existing law, a law enforcement official has limited discretion to cooperate with immigration authorities, and may only provide information regarding a person’s release date or transfer an individual to immigration authorities without a judicial warrant or probable cause determination if the individual has been convicted of specified crimes, including, but not limited to, sexual abuse, sexual exploitation, or crimes endangering children, as specified, and only if doing so would not violate any federal, state, or local law, or local policy.
Notwithstanding those provisions, this bill would instead require law enforcement officials to cooperate with immigration authorities by detaining and transferring an individual and providing release information if a person has been convicted of a crime of sexual abuse or sexual exploitation of minors, or crimes committed against minors, as specified, or crimes committed against a minor that require registration under the Sex Offender Registration Act. By requiring local law enforcement to comply with requests from immigration authorities, 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.

Existing law, codified in the Penal Code, requires the Governor to, at the beginning of every regular session of the Legislature, file a written report, as specified, detailing reprieves, pardons, and commutations granted by the Governor. Existing law, codified in the Government Code, requires the Governor, at each session, to report to the Legislature, as specified, the details of each pardon, reprieve, or commutation granted.

This bill would repeal one of these sections and add clarifying language to the other, specifying that the report is due on or before February 15 of each year, and including in the report all pardons, reprieves, and commutations granted during the preceding calendar year.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 7282.7 is added to the Government Code, to read:

7282.7.
 (a) Notwithstanding Section 7282.5 or 7284.6, law enforcement officials shall, for an individual described in subdivision (b), cooperate with immigration authorities in any of the following circumstances:
(1) Providing information regarding a person’s release date or responding to requests for notification by providing release dates in response to a notification request from immigration authorities.
(2) Transferring an individual to immigration authorities in response to a transfer request.
(3) Detaining an individual on the basis of a hold request.
(b) Law enforcement officials shall cooperate with immigration authorities pursuant to subdivision (a) for an individual who has been convicted of a crime of sexual abuse or sexual exploitation of a minor, or a crime committed against a minor, as specified in, but not limited to, Sections 261.5, 266, 266a, 266b, 266c, 266d, 266f, 266g, 266h, 266i, 266j, 267, 269, 286, 287, 288, 288.5, 289, 311.1, 311.3, 311.4, 311.10, 311.11, and 647.6 of the Penal Code, or convicted of any sex offense, committed against a minor, that requires registration as a sex offender under the Sex Offender Registration Act, codified in Sections 290 through 290.024, inclusive, of the Penal Code.
(c) For the purposes of this section, “immigration authorities” shall have the same meaning as provided in subdivision (c) of Section 7284.4.

SEC. 2.

 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.
SECTION 1.Section 12017 of the Government Code is repealed.
SEC. 2.Section 4807 of the Penal Code is amended to read:
4807.

(a)On or before February 15 of each year, the Governor shall file a written report with the Legislature that shall include each application that was granted for each case of reprieve, pardon, or commutation by the Governor, or the Governor’s predecessor in office, during the immediately preceding calendar year, stating the name of the person convicted, the crime of which the person was convicted, the sentence and its date, the date of the reprieve, pardon, or commutation, and the reason for granting the same. The report shall be submitted in compliance with Section 9795 of the Government Code.

(b)Notwithstanding any other law, the written report filed with the Legislature pursuant to subdivision (a) shall be available to the public.