Bill Text: CA AB937 | 2021-2022 | Regular Session | Introduced
Bill Title: Immigration enforcement.
Spectrum: Partisan Bill (Democrat 27-0)
Status: (Engrossed - Dead) 2022-08-31 - Read third time. Refused passage. (Ayes 18. Noes 13. Page 5423.). [AB937 Detail]
Download: California-2021-AB937-Introduced.html
Introduced by Assembly Members Carrillo, Kalra, and Santiago (Principal coauthor: Assembly Member Chiu) (Principal coauthor: Senator Wiener) (Coauthor: Assembly Member Gipson) (Coauthors: Senators Gonzalez, Hueso, and Skinner) |
February 17, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:SEC. 2.
Chapter 17.15 (commencing with Section 7282.7) is added to Division 7 of Title 1 of the Government Code, to read:CHAPTER 17.15. Voiding Inequality and Seeking Inclusion for Our Immigrant Neighbors Act
7282.7.
(a) (1) A state or local agency shall not arrest or facilitate the arrest, confinement, detention, transfer, interrogation, or deportation of an individual for an immigration enforcement purpose in any manner including, but not limited to, by notifying another agency or subcontractor thereof regarding the release date and time of an individual, releasing or transferring an individual into the custody of another agency or subcontractor thereof, or disclosing personal information, as defined in Section 1798.3 of the Civil Code, about an individual, including, but not limited to, an individual’s date of birth, work address, home address, or parole or probation check in date and time to another agency or subcontractor thereof. This subdivision shall apply notwithstanding any contrary provisions in Section 7282.5, subparagraphs (C) and (D) of paragraph (1) of, or paragraph (4) of, subdivision (a) of Section 7284.6, or subdivision (b) of 7284.6.SEC. 3.
Section 5025 of the Penal Code, as amended by Section 5 of Chapter 565 of the Statutes of 1994, is repealed.(a)On or before July 1, 1993, the Department of Corrections shall implement and maintain procedures to identify inmates serving terms in state prison who are undocumented aliens subject to deportation. This identification procedure shall be completed, as to each inmate, within 90 days of the Department of Corrections having taken custody of the inmate.
(b)The procedures implemented
by the department, pursuant to subdivision (a), shall include, but not be limited to, the following criteria for determining the country of citizenship of any person serving a term in state prison:
(1)Country of citizenship.
(2)Place of birth.
(3)Inmate’s statements.
(4)Prior parole records.
(5)Prior arrest records.
(6)Probation Officer’s Report (POR).
(7)Information from the Department of Justice’s Criminal Identification and Information Unit.
(8)Other legal documents.
(c)The Department of Corrections shall report annually to the Legislature the number of persons identified as undocumented aliens pursuant to subdivision (a). The reports shall contain the number of persons referred, the race, national origin, and national ancestry of persons referred, the offense or offenses for which the person was committed to state prison, and the disposition of the referral, if known.
SEC. 4.
Section 5025 of the Penal Code, as amended by Section 133 of Chapter 91 of the Statutes of 1995, is repealed.(a)Immediately upon the effective date of the amendments to this section made at the 1993–94 First Extraordinary Session of the Legislature, the Department of Corrections and the Department of the Youth Authority shall implement and maintain procedures to identify, within 90 days of assuming custody, inmates serving terms in state prison or wards of the Department of the Youth Authority who are undocumented felons subject to deportation. The Department of Corrections and the Department of the Youth Authority shall refer to the United States Immigration and Naturalization Service the name and location of any inmate or ward who may be an undocumented alien and who may be subject to deportation for a determination of whether the inmate or ward is undocumented and subject to deportation. The Department of Corrections and the Department of the Youth Authority shall make case files available
to the United States Immigration and Naturalization Service for purposes of investigation.
(b)The procedures implemented by the department pursuant to subdivision (a) shall include, but not be limited to, the following criteria for determining the country of citizenship of any person serving a term in the state prison:
(1)Country of citizenship.
(2)Place of birth.
(3)Inmate’s statements.
(4)Prior parole records.
(5)Prior arrest records.
(6)Probation Officer’s Report (POR).
(7)Information
from the Department of Justice’s Criminal Identification and Information Unit.
(8)Other legal documents.
(c)Within 48 hours of identifying an inmate or ward as an undocumented felon pursuant to subdivision (a), the Department of Corrections and the Department of the Youth Authority shall cause the inmate or ward to be transferred to the custody of the United States Attorney General for appropriate action. Once an inmate or ward has been identified as an undocumented felon by the United States Immigration and Naturalization Service, the inmate or ward shall not undergo any additional evaluation or classification procedures other than those required for the safety or security of the institution, the inmate or ward, or the public.
(d)The Department of Corrections shall report quarterly to the Legislature the number
of persons referred to the United States Immigration and Naturalization Service pursuant to subdivision (a). The report shall contain the number of persons transported, the race, national origin, and national ancestry of persons transported, the offense or offenses for which the persons were committed to state prison, and the facilities to which the persons were transported.
SEC. 5.
Section 5026 of the Penal Code is repealed.The Department of Corrections shall cooperate with the United States Immigration and Naturalization Service by providing the use of prison facilities, transportation, and general support, as needed, for the purposes of conducting and expediting deportation hearings and subsequent placement of deportation holds on undocumented aliens who are incarcerated in state prison.
SEC. 6.
Section 13125 of the Penal Code is amended to read:13125.
All basic information stored in state or local criminal offender record information systems shall be recorded, when applicable and available, in the form of the following standard data elements:The following personal identification data: |
Name—(full name) |
Aliases |
Monikers |
Race |
Sex |
Date of birth |
Place of birth (state or country) |
Height |
Weight |
Hair color |
Eye color |
CII number |
FBI number |
Social security number |
California operator’s license number |
Fingerprint classification number |
Henry |
NCIC |
Address |
The following arrest data: |
Arresting agency |
Booking number |
Date of arrest |
Offenses charged |
Statute citations |
Literal descriptions |
Police disposition |
Released |
Cited and released |
Turned over to |
Complaint filed |
The following misdemeanor or infraction data or preliminary hearing data: |
County and court name |
Date complaint filed |
Original offenses charged in a complaint or citation |
Held to answer |
Certified plea |
Disposition |
Not convicted |
Dismissed |
Acquitted |
Court trial |
Jury trial |
Convicted |
Plea |
Court trial |
Jury trial |
Date of disposition |
Convicted offenses |
Sentence |
Sentence enhancement data elements |
Proceedings suspended |
Reason suspended |
The following
superior court data: |
County |
Date complaint filed |
Type of proceeding |
Indictment |
Information |
Certification |
Original offenses charged in indictment or information |
Disposition |
Not convicted |
Dismissed |
Acquitted |
Court trial |
Jury trial |
On transcript |
Convicted—felony, misdemeanor |
Plea |
Court trial |
Jury trial |
On transcript |
Date of disposition |
Convicted offenses |
Sentence |
Sentence enhancement data elements |
Proceedings suspended |
Reason suspended |
Source of reopened cases |
The following corrections data: |
Adult probation |
County |
Type of court |
Court number |
Offense |
Date on probation |
Date removed |
Reason for removal |
Jail (unsentenced prisoners only) |
Offenses charged |
Name of jail or institution |
Date received |
Date released |
Reason for release |
Bail on own recognizance |
Bail |
Other |
Committing agency |
County jail (sentenced prisoners only) |
Name of
jail, camp, or other |
Convicted offense |
Sentence |
Sentence enhancement data elements |
Date received |
Date released |
Reason for release |
Committing agency |
Division of Juvenile Justice |
County |
Type of court |
Court number |
Division of Juvenile Justice number |
Date received |
Convicted offense |
Type of receipt |
Original commitment |
Parole violator |
Date released |
Type of release |
Custody |
Supervision |
Date terminated |
Department of Corrections and Rehabilitation |
County |
Type of court |
Court number |
Department of Corrections and Rehabilitation number |
Date received |
Convicted offense |
Type of receipt |
Original
commitment |
Parole violator |
Date released |
Type of release |
Custody |
Supervision |
Date terminated |
Mentally disordered sex offenders |
County |
Hospital number |
Date received |
Date discharged |
Recommendation |