Bill Text: CT HB07039 | 2015 | General Assembly | Introduced

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Bill Title: An Act Concerning Civil Immigration Detainers.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2015-04-09 - Motion Failed JF [HB07039 Detail]

Download: Connecticut-2015-HB07039-Introduced.html

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General Assembly		Raised Bill No. 7039
January Session, 2015		LCO No. 5588
		*05588_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)

AN ACT CONCERNING CIVIL IMMIGRATION DETAINERS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 54-192h of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2016):

(a) For the purposes of this section:

(1) "Civil immigration detainer" means a detainer request issued pursuant to 8 CFR 287.7;

[(2) "Convicted of a felony" means that a person has been convicted of a felony, as defined in section 53a-25, pursuant to a final judgment of guilt entered by a court in this state or in a court of competent jurisdiction within the United States upon a plea of guilty, a plea of nolo contendere or a finding of guilty by a jury or the court notwithstanding any pending appeal or habeas corpus proceeding arising from such judgment;]

[(3)] (2) "Federal immigration authority" means any officer, employee or other person otherwise paid by or acting as an agent of United States Immigration and Customs Enforcement or any division thereof or any officer, employee or other person otherwise paid by or acting as an agent of the United States Department of Homeland Security who is charged with enforcement of the civil provisions of the Immigration and Nationality Act; [and]

[(4)] (3) "Law enforcement officer" means:

(A) Each officer, employee or other person otherwise paid by or acting as an agent of the Department of Correction;

(B) Each officer, employee or other person otherwise paid by or acting as an agent of a municipal police department;

(C) Each officer, employee or other person otherwise paid by or acting as an agent of the Division of State Police within the Department of Emergency Services and Public Protection; and

(D) Each judicial marshal, [and] state marshal and adult probation officer; and

(4) "Confidential information" means any information obtained and maintained by a law enforcement agency relating to (A) an individual's (i) sexual orientation, (ii) status as a victim of domestic violence or sexual assault, or (iii) immigration status, (B) whether such individual is a (i) crime witness, or (ii) recipient of public assistance, and (C) an individual's income tax or other financial records, including, but not limited to, Social Security numbers.

(b) No law enforcement officer who receives a civil immigration detainer with respect to an individual who is in the custody of the law enforcement officer shall detain such individual pursuant to such civil immigration detainer. [unless the law enforcement official determines that the individual:

(1) Has been convicted of a felony;

(2) Is subject to pending criminal charges in this state where bond has not been posted;

(3) Has an outstanding arrest warrant in this state;

(4) Is identified as a known gang member in the database of the National Crime Information Center or any similar database or is designated as a Security Risk Group member or a Security Risk Group Safety Threat member by the Department of Correction;

(5) Is identified as a possible match in the federal Terrorist Screening Database or similar database;

(6) Is subject to a final order of deportation or removal issued by a federal immigration authority; or

(7) Presents an unacceptable risk to public safety, as determined by the law enforcement officer.

(c) Upon determination by the law enforcement officer that such individual is to be detained or released, the law enforcement officer shall immediately notify United States Immigration and Customs Enforcement. If the individual is to be detained, the law enforcement officer shall inform United States Immigration and Customs Enforcement that the individual will be held for a maximum of forty-eight hours, excluding Saturdays, Sundays and federal holidays. If United States Immigration and Customs Enforcement fails to take custody of the individual within such forty-eight-hour period, the law enforcement officer shall release the individual. In no event shall an individual be detained for longer than such forty-eight-hour period solely on the basis of a civil immigration detainer.]

(c) No law enforcement officer shall communicate with any officer, employee or other person otherwise paid by or acting as an agent of United States Immigration and Customs Enforcement regarding the custody status or release of an individual who is subject to a civil immigration detainer, except as provided in subsection (d) of this section.

(d) No law enforcement officer shall release confidential information relating to an individual who is subject to a civil immigration detainer, unless:

(1) The individual, or the parent or guardian of such individual if such individual is a minor or incompetent, authorized, in writing, the release of such information;

(2) Such information is released to an officer or employee of another state agency or municipal police department and such information is relevant and necessary to fulfill the purpose or achieve the mission of such state agency or department;

(3) Such information is released to a federal immigration authority and such information is necessary in furtherance of a criminal investigation of potential terrorism; or

(4) The release of such information is otherwise required by law.

(e) Any action or proceeding that may be appropriate or necessary for the enforcement of this section, including (1) an action to secure a permanent injunction enjoining any act or practice that constitutes a violation of this section, (2) require compliance with this section, or (3) for such other relief as may be appropriate, may be initiated in any court of competent jurisdiction by an aggrieved individual.

This act shall take effect as follows and shall amend the following sections:
Section 1	January 1, 2016	54-192h

Statement of Purpose:

To restore trust between police and communities by not requiring enforcement of civil immigration detainers, prevent notification to United States Immigration and Customs Enforcement of the custody status or release of any person subject to such detainer and to increase procedural protections for such persons.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]