Bill Text: CA AB2027 | 2015-2016 | Regular Session | Chaptered
Bill Title: Victims of crime: nonimmigrant status.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-09-28 - Chaptered by Secretary of State - Chapter 749, Statutes of 2016. [AB2027 Detail]
Download: California-2015-AB2027-Chaptered.html
BILL NUMBER: AB 2027 CHAPTERED
BILL TEXT
CHAPTER 749
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2016
APPROVED BY GOVERNOR SEPTEMBER 28, 2016
PASSED THE SENATE AUGUST 18, 2016
PASSED THE ASSEMBLY AUGUST 24, 2016
AMENDED IN SENATE AUGUST 16, 2016
AMENDED IN SENATE AUGUST 1, 2016
AMENDED IN ASSEMBLY MARCH 31, 2016
INTRODUCED BY Assembly Member Quirk
FEBRUARY 16, 2016
An act to add Section 679.11 to the Penal Code, relating to
victims of crime.
LEGISLATIVE COUNSEL'S DIGEST
AB 2027, Quirk. Victims of crime: nonimmigrant status.
Existing federal law provides a Form I-914, Petition for T
Nonimmigrant Status (Form I-914) to request temporary immigration
benefits for a person who is a victim of certain qualifying criminal
activity. Existing federal law also provides a form for certifying
that a person submitting a Form I-914 is a victim of human
trafficking and a declaration as to cooperation by the person
regarding investigating or prosecuting trafficking (Form I-914
Supplement B).
Existing state law establishes certain rights of victims and
witnesses of crimes, including, among others, to be notified and to
appear at all sentencing proceedings, upon request, to be notified
and to appear at parole eligibility hearings, and, for certain
offenses, to be notified when a convicted defendant had been ordered
placed on probation.
This bill would require, upon request, that an official from a
state or local entity certify "victim cooperation" on the Form I-914
Supplement B declaration, when the requester was a victim of human
trafficking and has been cooperative, is being cooperative, or is
likely to be cooperative regarding the investigation or prosecution
of human trafficking. The bill would establish a rebuttable
presumption that a victim is cooperative, has been cooperative, or is
likely to be cooperative if the victim has not refused or failed to
provide information and assistance reasonably requested by law
enforcement. The bill would require the certifying entity to process
a Form I-914 Supplement B declaration within 90 days of request,
unless the noncitizen is in removal proceedings, in which case the
declaration is required to be processed within 14 days of request.
The bill would require a certifying entity that receives a request
for a Form I-914 Supplement B declaration to report to the
Legislature, on or before January 1, 2018, and annually thereafter,
the number of victims who requested Form I-914 Supplement B
declarations from the entity, the number of those declaration forms
that were signed, and the number that were denied.
By imposing additional duties on local government agencies, 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 these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 679.11 is added to the Penal Code, to read:
679.11. (a) For purposes of this section, a "certifying entity"
is any of the following:
(1) A state or local law enforcement agency.
(2) A prosecutor.
(3) A judge.
(4) The Department of Industrial Relations.
(5) Any other state or local government agencies that have
criminal, civil, or administrative investigative or prosecutorial
authority relating to human trafficking.
(b) For purposes of this section, a "certifying official" is any
of the following:
(1) The head of the certifying entity.
(2) A person in a supervisory role who has been specifically
designated by the head of the certifying entity to issue Form I-914
Supplement B declarations on behalf of that agency.
(3) A judge.
(4) Any other certifying official defined under Section 214.14(a)
(2) of Title 8 of the Code of Federal Regulations.
(c) "Human trafficking" means "severe forms of trafficking in
persons" pursuant to Section 7102 of Title 22 of the United States
Code and includes either of the following:
(1) Sex trafficking in which a commercial sex act is induced by
force, fraud, or coercion, or in which the person induced to perform
such act has not attained 18 years of age.
(2) The recruitment, harboring, transportation, provision, or
obtaining of a person for labor or services, through the use of
force, fraud, or coercion for the purpose of subjection to
involuntary servitude, peonage, debt bondage, or slavery.
(d) "Human trafficking" also includes criminal offenses for which
the nature and elements of the offenses are substantially similar to
the criminal activity described in subdivision (c), and the attempt,
conspiracy, or solicitation to commit any of those offenses.
(e) Upon the request of the victim or victim's family member, a
certifying official from a certifying entity shall certify victim
cooperation on the Form I-914 Supplement B declaration, when the
victim was a victim of human trafficking and has been cooperative, is
being cooperative, or is likely to be cooperative to the
investigation or prosecution of human trafficking.
(f) For purposes of determining cooperation pursuant to
subdivision (e), there is a rebuttable presumption that a victim is
cooperative, has been cooperative, or is likely to be cooperative to
the investigation or prosecution of human trafficking, if the victim
has not refused or failed to provide information and assistance
reasonably requested by law enforcement.
(g) The certifying official shall fully complete and sign the Form
I-914 Supplement B declaration and, regarding victim cooperation,
include specific details about the nature of the crime investigated
or prosecuted and a detailed description of the victim's cooperation
or likely cooperation to the detection, investigation, or prosecution
of the criminal activity.
(h) A certifying entity shall process a Form I-914 Supplement B
declaration within 90 days of request, unless the noncitizen is in
removal proceedings, in which case the declaration shall be processed
within 14 days of request.
(i) A current investigation, the filing of charges, or a
prosecution or conviction is not required for the victim to request
and obtain the Form I-914 Supplement B declaration from a certifying
official.
(j) A certifying official may only withdraw the certification if
the victim refuses to provide information and assistance when
reasonably requested.
(k) A certifying entity is prohibited from disclosing the
immigration status of a victim or person requesting the Form I-914
Supplement B declaration, except to comply with federal law or legal
process, or if authorized by the victim or person requesting the Form
I-914 Supplement B declaration.
(l) A certifying entity that receives a request for a Form I-914
Supplement B declaration shall report to the Legislature, on or
before January 1, 2018, and annually thereafter, the number of
victims who requested Form I-914 Supplement B declarations from the
entity, the number of those declaration forms that were signed, and
the number that were denied. A report pursuant to this subdivision
shall comply with Section 9795 of the Government Code.
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.
