Bill Text: CA SJR17 | 2015-2016 | Regular Session | Introduced
Bill Title: Immigration: Kate's Law.
Sponsorship: Partisan Bill (Republican 10)
Status: (Failed) 2016-11-30 - From committee without further action. [SJR17 Detail]
Download: California-2015-SJR17-Introduced.html
BILL NUMBER: SJR 17 INTRODUCED
BILL TEXT
INTRODUCED BY Senators Morrell and Nielsen
(Coauthors: Senators Bates, Berryhill, Fuller, Gaines, Moorlach,
Runner, Stone, and Vidak)
JULY 16, 2015
Relative to immigration.
LEGISLATIVE COUNSEL'S DIGEST
SJR 17, as introduced, Morrell. Immigration: Kate's Law.
This measure would call upon Congress to immediately pass
legislation, to be titled "Kate's Law," which would create a
mandatory minimum federal sentence of 5 years in a federal
penitentiary for an individual that has returned to the United States
illegally after having been deported and previously convicted of a
felony in the United States.
Fiscal committee: no.
WHEREAS, One of the primary responsibilities of every elected
official in the nation is the public safety and protection of the
citizens they represent; and
WHEREAS, Americans have always had a passion for fairness and have
long recognized the vital part immigrants have played in who we are
as a nation; and
WHEREAS, America has had a long tradition of welcoming immigrants,
and this tradition continues as we invite all who yearn to be free,
and with a respect for the rule of law, to join us; and
WHEREAS, Immigrants from around the world have made countless
contributions in shaping our country into what it is today. As
President Lyndon B. Johnson put it, "We flourish because we're fed
from many streams."; and
WHEREAS, Ours is a nation founded not on a particular race or
language, but on a set of economic, political, and moral principles.
These principles are, as President Abraham Lincoln said, the
"electric cord" that binds us together as one people and one nation;
and
WHEREAS, The safety of our citizens is enshrined in the United
States Constitution, as one of our founding fathers Alexander
Hamilton wrote America's safety depends on the energy of a common
sentiment, uniformity of principles and habits, and a love of
country. These are essential to protecting our civil liberty; and
WHEREAS, Almost every elected official in the nation, upon their
oath of office, pledges to uphold the United States Constitution and
the laws of the jurisdiction to which they are elected; and
WHEREAS, We must all work together to ensure that our government
respects the limits of its power, that we ourselves maintain a proper
respect for our system of laws, and as a part of that system of
laws, border security must be a key component in our conversation
about immigration; and
WHEREAS, Throughout the nation, cities such as the City of San
Francisco have created policies and ordinances establishing
themselves as "sanctuary cities" in an attempt to shelter
undocumented immigrants and usurping the rule of law, in direct
conflict with elected officials' oaths of office; and
WHEREAS, These sanctuary cities have refused to enforce the laws
of the United States government when, through direct or indirect
action, they harbor individuals who have been deported numerous times
after committing many crimes, including serious felonies; and
WHEREAS, Harboring violent criminals protected by the policies of
sanctuary cities has contributed to the problem of many citizens of
the United States suffering great bodily harm, including death; and
WHEREAS, The most recent tragedy, the senseless killing of Kathryn
(Kate) Steinle on July 1, 2015, by an undocumented immigrant who had
been deported five times, convicted of seven felonies, and who had
been given safe harbor by the city law enforcement of the City of San
Francisco, has brought this issue to the forefront of the national
debate; and
WHEREAS, Those city officials directly ignored a detainer request
by the federal government to detain and return the prisoner for
timely deportation; and
WHEREAS, By ignoring the federal government, their constitutional
duties, and their sworn responsibilities to protect the citizens of
the State of California and the nation, those elected officials have
subjected their citizens to preventable violent crimes; and
WHEREAS, Some of the strongest national advocates of immigrant
rights, such as United States Senator Dianne Feinstein, have
criticized the sanctuary cities and specifically the City of San
Francisco for not properly working with the federal government to
ensure that convicted felons who are in the country illegally are
deported in a timely fashion; and
WHEREAS, It is clear that only the federal government has the
power and tools to secure the border and protect our citizens from
the actions of elected officials who refuse to uphold the United
States Constitution and federal law and who refuse to cooperate with
federal officials when it comes to the deportation of undocumented
immigrants with felony criminal records; now, therefore, be it
Resolved by the Senate and the Assembly of the State of
California, jointly, That the Legislature calls upon Congress, as a
national response to the tragic death of Kathryn (Kate) Steinle, to
immediately pass legislation, to be titled "Kate's Law," which would
create a mandatory minimum federal sentence of five years in a
federal penitentiary for an individual that has returned to the
United States illegally after having been deported and previously
convicted of a felony in the United States; and be it further
Resolved, That the Secretary of the Senate transmit copies of this
resolution to the President and Vice President of the United States,
to the Speaker of the House of Representatives, to the Majority
Leader of the Senate, to each Senator and Representative from
California in the Congress of the United States, and to the author
for appropriate distribution.
