Florida Senate - 2025                                    SB 22-A
       
       
        
       By Senator Martin
       
       
       
       
       
       33-00021-25A                                           202522A__
    1                        A bill to be entitled                      
    2         An act relating to combatting illegal immigration;
    3         amending s. 768.28, F.S.; providing that specified
    4         persons and entities are immune from liability for
    5         damages arising from certain causes of action;
    6         requiring the state to indemnify certain elected or
    7         appointed persons; specifying that persons entitled to
    8         indemnification are entitled to representation by the
    9         Attorney General; providing applicability; creating s.
   10         775.101, F.S.; creating a civil cause of action for
   11         victims of any crime committed by aliens under certain
   12         circumstances against any person who knowingly and
   13         willfully aided or assisted the alien in entering this
   14         state; providing for venue; authorizing the recovery
   15         of specified damages, attorney fees, and costs;
   16         providing affirmative defenses; providing a statute of
   17         limitations; providing a directive to the Division of
   18         Law Revision; creating s. 811.101, F.S.; defining the
   19         terms “alien” and “removal”; creating s. 811.102,
   20         F.S.; providing criminal penalties for adult aliens
   21         who knowingly enter or attempt to enter this state
   22         after entering the United States by eluding or
   23         avoiding examination or inspection by immigration
   24         officers; authorizing the waiver of the term of
   25         imprisonment if the alien agrees to a certain written
   26         agreement; providing enhanced criminal penalties for
   27         second or subsequent convictions; prohibiting the
   28         arrest of aliens under specified circumstances;
   29         providing affirmative defenses; requiring the
   30         detention of an alien arrested for such a violation
   31         pending disposition of the case; specifying that such
   32         aliens are not eligible for any civil citation or
   33         other prearrest or postarrest diversion program;
   34         requiring the arresting law enforcement agency to
   35         notify certain entities; requiring the law enforcement
   36         agency with custody of the alien to be responsible for
   37         coordinating with the alien to arrange transportation
   38         to the alien’s country of destination and for ensuring
   39         that the alien leaves the United States under certain
   40         circumstances; authorizing the Department of Law
   41         Enforcement to adopt rules; creating s. 811.103, F.S.;
   42         providing criminal penalties for an adult alien who,
   43         after having been denied admission, excluded,
   44         deported, or removed or having departed the United
   45         States while an order of exclusion, deportation, or
   46         removal is outstanding, thereafter enters, attempts to
   47         enter, or is at any time found in this state;
   48         providing an exception; providing enhanced criminal
   49         penalties for an alien whose arrest for such
   50         violations was after the commission of specified
   51         offenses; requiring concurrent sentences; requiring
   52         the detention of an alien arrested for such a
   53         violation pending disposition of the case; specifying
   54         that such aliens are not eligible for any civil
   55         citation or other prearrest or postarrest diversion
   56         program; requiring the arresting law enforcement
   57         agency to notify certain entities; requiring the law
   58         enforcement agency with custody of the alien to be
   59         responsible for coordinating with the alien to arrange
   60         transportation to the alien’s country of destination
   61         and for ensuring that the alien leaves the United
   62         States under certain circumstances; authorizing the
   63         Department of Law Enforcement to adopt rules; creating
   64         s. 811.104, F.S.; providing criminal penalties for
   65         persons who knowingly and willfully assist certain
   66         aliens who illegally entered or reentered the United
   67         States; providing affirmative defenses; amending s.
   68         948.012, F.S.; authorizing a defendant who is an alien
   69         to have any term of the defendant’s probationary
   70         sentence converted to administrative probation by the
   71         Department of Corrections under specified
   72         circumstances; requiring the department to be
   73         responsible for coordinating with the defendant to
   74         arrange transportation under certain circumstances;
   75         authorizing public funds to be used to procure
   76         transportation; requiring the court to verify certain
   77         information in a hearing before the defendant’s
   78         departure from the United States; authorizing the
   79         court to issue certain orders; authorizing the
   80         department to adopt rules; providing for severability;
   81         providing an effective date.
   82          
   83  Be It Enacted by the Legislature of the State of Florida:
   84  
   85         Section 1. Paragraph (a) of subsection (5) of section
   86  768.28, Florida Statutes, is amended, and subsection (21) is
   87  added to that section, to read:
   88         768.28 Waiver of sovereign immunity in tort actions;
   89  recovery limits; civil liability for damages caused during a
   90  riot; limitation on attorney fees; statute of limitations;
   91  exclusions; indemnification; risk management programs.—
   92         (5)(a) Except as expressly provided in this section, the
   93  state and its agencies and subdivisions shall be liable for tort
   94  claims in the same manner and to the same extent as a private
   95  individual under like circumstances, but liability may shall not
   96  include punitive damages or interest for the period before
   97  judgment. Neither the state nor its agencies or subdivisions
   98  shall be liable to pay a claim or a judgment by any one person
   99  which exceeds the sum of $200,000 or any claim or judgment, or
  100  portions thereof, which, when totaled with all other claims or
  101  judgments paid by the state or its agencies or subdivisions
  102  arising out of the same incident or occurrence, exceeds the sum
  103  of $300,000. However, a judgment or judgments may be claimed and
  104  rendered in excess of these amounts and may be settled and paid
  105  pursuant to this act up to $200,000 or $300,000, as the case may
  106  be; and that portion of the judgment that exceeds these amounts
  107  may be reported to the Legislature, but may be paid in part or
  108  in whole only by further act of the Legislature. Notwithstanding
  109  the limited waiver of sovereign immunity provided herein, the
  110  state or an agency or subdivision thereof may agree, within the
  111  limits of insurance coverage provided, to settle a claim made or
  112  a judgment rendered against it without further action by the
  113  Legislature, but the state or agency or subdivision thereof may
  114  shall not be deemed to have waived any defense of sovereign
  115  immunity or to have increased the limits of its liability as a
  116  result of its obtaining insurance coverage for tortious acts in
  117  excess of the $200,000 or $300,000 waiver provided above. The
  118  limitations of liability set forth in this subsection shall
  119  apply to the state and its agencies and subdivisions whether or
  120  not the state or its agencies or subdivisions possessed
  121  sovereign immunity before July 1, 1974.
  122         (21)(a) Except as provided by paragraph (d), the state, its
  123  agencies and subdivisions, and their constitutional officers,
  124  officials, employees, and contractors are immune from liability
  125  for damages arising from a cause of action under state law
  126  resulting from an action taken by any official, employee, or
  127  contractor to enforce s. 811.102, s. 811.103, s. 811.104, s.
  128  908.104, s. 908.11, or s. 908.13 during the course and scope of
  129  the respective constitutional officer’s, official’s, employee’s,
  130  or contractor’s office, employment, or contractual performance
  131  for or service on behalf of the state, its agencies, or its
  132  subdivisions.
  133         (b) Except as provided by paragraph (d), the state shall
  134  indemnify a constitutional officer, an elected or appointed
  135  state official, or a state employee or contractor for damages
  136  arising from a cause of action under federal law resulting from
  137  an action taken by the official, employee, or contractor to
  138  enforce s. 811.102, s. 811.103, s. 811.104, s. 908.104, s.
  139  908.11, or s. 908.13 during the course and scope of the
  140  respective constitutional officer’s, official’s, employee’s, or
  141  contractor’s office, employment, or contractual performance for
  142  or service on behalf of the state, its agencies, or its
  143  subdivisions.
  144         (c) Notwithstanding any other law, an indemnification
  145  payment made under paragraph (b) is not subject to an
  146  indemnification limit under the laws of the state.
  147         (d) Paragraphs (a) and (b) do not apply if the court or
  148  jury determines that the constitutional officer, state official,
  149  employee, or contractor acted in bad faith, with conscious
  150  indifference, or with recklessness.
  151         (e) The state shall indemnify a constitutional officer or a
  152  state or local official, employee, or contractor for reasonable
  153  attorney fees incurred in defense of a criminal prosecution
  154  against the constitutional officer, official, employee, or
  155  contractor for an action taken by the officer, official,
  156  employee, or contractor to enforce s. 811.102, s. 811.103, s.
  157  811.104, s. 908.104, s. 908.11, or s. 908.13 during the course
  158  and scope of the constitutional officer’s, official’s,
  159  employee’s, or contractor’s office, employment, or contractual
  160  performance for or service on behalf of the state, its agencies,
  161  or its subdivisions.
  162         (f) A constitutional officer, state official, employee, or
  163  contractor entitled to indemnification under paragraph (b) is
  164  entitled to representation by the Attorney General in an action
  165  in connection with which the officer, official, employee, or
  166  contractor may be entitled to such indemnification.
  167         Section 2. Section 775.101, Florida Statutes, is created to
  168  read:
  169         775.101 Civil actions for victims of crimes committed by
  170  aliens.—
  171         (1) A victim of any crime committed by an alien who
  172  illegally entered or reentered the United States and then
  173  entered this state has a civil cause of action against any
  174  person who knowingly and willfully aided or assisted such alien
  175  in entering this state. Such victim may recover damages as
  176  provided in this section.
  177         (a) The action may be brought in any circuit court of
  178  competent jurisdiction in this state.
  179         (b) A victim who prevails in any such action may recover
  180  economic and noneconomic damages; punitive damages, as provided
  181  in ss. 768.72, 768.725, and 768.73; reasonable attorney fees;
  182  and costs.
  183         1. Economic damages include, but are not limited to, past
  184  and future medical and mental health expenses and all other
  185  reasonable costs and expenses incurred by the victim or
  186  estimated to be incurred by the victim in the future as a result
  187  of the victim’s injuries.
  188         2. Noneconomic damages are nonfinancial losses that would
  189  not have occurred but for the victimization, and include pain
  190  and suffering, inconvenience, physical impairment, mental
  191  anguish, disfigurement, loss of capacity for enjoyment of life,
  192  and other nonfinancial losses.
  193         (c) The civil remedies provided for in this section do not
  194  preempt any other remedy or cause of action provided by law.
  195         (d) The court has specific authority to consolidate civil
  196  actions for the same defendant for the purpose of case
  197  resolution and aggregate jurisdiction.
  198         (2) It is an affirmative defense to a claim brought under
  199  this section if:
  200         (a) The person is a federal, state, or local government
  201  employee working within the course and scope of his or her
  202  employment and the aid or assistance provided to an alien is
  203  limited to the aid or assistance authorized by the governmental
  204  entity for which the person works; or
  205         (b) The person is an agent or works for an entity under
  206  contract with a federal, state, or local government to provide
  207  services to persons, including aliens, and the aid or assistance
  208  provided to an alien is limited to the aid or assistance
  209  authorized by the government explicitly in that contract,
  210  memorandum of understanding, appendix, or other written document
  211  or direction.
  212         (3) The statute of limitations as specified in s. 95.11(7)
  213  or (9), as applicable, governs an action brought under this
  214  section.
  215         Section 3. The Division of Law Revision is directed to
  216  create chapter 811, to be entitled “ALIENS, NATIONALITY, AND
  217  IMMIGRATION,” consisting of ss. 811.101, 811.102, 811.103, and
  218  811.104, Florida Statutes.
  219         Section 4. Section 811.101, Florida Statutes, is created to
  220  read:
  221         811.101 Definitions.—As used in this chapter, the term:
  222         (1) “Alien” has the same meaning as in 8 U.S.C. s. 1101, as
  223  that provision existed on January 1, 2023.
  224         (2) “Removal” means the departure from the United States of
  225  an alien after any proceeding under 8 U.S.C. ss. 1225, 1228,
  226  1229, or 1229a or any agreement in which an alien stipulates to
  227  departure from the United States as part of a criminal
  228  proceeding under either federal or state law.
  229         Section 5. Section 811.102, Florida Statutes, is created to
  230  read:
  231         811.102 Illegal entry by adult alien into this state.—
  232         (1)(a) An alien who is more than 18 years of age and who
  233  knowingly enters or attempts to enter this state after entering
  234  the United States by eluding or avoiding examination or
  235  inspection by immigration officers commits a misdemeanor of the
  236  first degree, punishable as provided in s. 775.082 or s.
  237  775.083. Such person must be sentenced to a minimum term of
  238  imprisonment of 9 months.
  239         (b) The term of imprisonment may be waived at any time
  240  before or after conviction if the alien agrees in writing to
  241  return voluntarily to the alien’s country of origin or otherwise
  242  leave the United States and the alien leaves the United States.
  243         (2) An alien commits a felony of the third degree,
  244  punishable as provided in s. 775.082, s. 775.083, or s. 775.084
  245  if he or she:
  246         (a) Is older than 18 years of age;
  247         (b) Knowingly enters or attempts to enter this state after
  248  entering the United States by eluding or avoiding examination or
  249  inspection by immigration officer; and
  250         (c) Has one conviction for violating this section.
  251  
  252  Such person must be sentenced to a minimum term of imprisonment
  253  of 1 year and 1 day. Any term of probation imposed in addition
  254  to the term of imprisonment may be converted by the trial court
  255  into administrative probation if the alien agrees at the time of
  256  sentencing to return voluntarily to the alien’s country of
  257  origin or otherwise leave the United States and the alien leaves
  258  the United States.
  259         (3) An alien commits a felony of the third degree,
  260  punishable as provided in s. 775.082, s. 775.083, or s. 775.084
  261  if he or she:
  262         (a) Is older than 18 years of age;
  263         (b) Knowingly enters or attempts to enter this state after
  264  entering the United States by eluding or avoiding examination or
  265  inspection by immigration officers; and
  266         (c) Has two or more convictions for violating this section.
  267  
  268  Such person must be sentenced to a minimum term of imprisonment
  269  of 2 years. Any term of probation imposed in addition to the
  270  term of imprisonment may be converted by the trial court into
  271  administrative probation if the alien agrees at the time of
  272  sentencing to return voluntarily to the alien’s country of
  273  origin or otherwise leave the United States and the alien leaves
  274  the United States.
  275         (4) An alien may not be subject to arrest for a violation
  276  of this section if the alien was encountered by law enforcement
  277  in this state during the investigation of another crime that
  278  occurred in this state and the alien witnessed or reported that
  279  crime or was a victim of that crime.
  280         (5) It is an affirmative defense to prosecution under this
  281  section if:
  282         (a) The Federal Government has granted the alien lawful
  283  presence in the United States or discretionary relief that
  284  allows the alien to remain in the United States temporarily or
  285  permanently;
  286         (b) The alien is subject to relief under the Cuban
  287  Adjustment Act of 1966; or
  288         (c) The alien’s entry into the United States did not
  289  constitute a violation of 8 U.S.C. s. 1325(a).
  290         (6) Notwithstanding any other law, and unless release is
  291  otherwise required by the State Constitution or the United
  292  States Constitution, an alien arrested for a violation of this
  293  section must be detained pending disposition of the case because
  294  no conditions of release can reasonably assure the presence of
  295  the alien at trial.
  296         (7) An alien charged with violating this section is not
  297  eligible for any civil citation or other prearrest or postarrest
  298  diversion program, including, but not limited to, a program
  299  pursuant to s. 901.41, s. 921.00241, or other similar program.
  300         (8) At the time of arrest for a violation of this section,
  301  the law enforcement agency making the arrest shall notify:
  302         (a) Immigration and Customs Enforcement of the United
  303  States Department of Homeland Security and provide that agency
  304  information relating to the alien; and
  305         (b) The Department of Law Enforcement and provide that
  306  agency information relating to the alien, which must include
  307  fingerprints, photographs, and any other biometric information
  308  necessary to identify the alien in the future, and the costs
  309  associated with the arrest, detention, supervision, and
  310  transportation of the alien for a violation of this section.
  311         (9) If an alien agrees to return voluntarily to the alien’s
  312  country of origin or otherwise leave the United States in
  313  accordance with this section, the law enforcement agency with
  314  custody of the alien shall be responsible, consistent with state
  315  and federal law, for coordinating with the alien to arrange
  316  transportation to the alien’s country of destination and for
  317  ensuring that the alien leaves the United States. Public funds
  318  may be used to procure transportation as necessary. If the alien
  319  fails to depart the United States for any reason, any term of
  320  imprisonment or probation for which the alien has been sentenced
  321  and which has not been served must be reinstated. Before the
  322  alien’s departure from the United States, the court exercising
  323  jurisdiction in the case shall verify in a hearing that the
  324  alien consents to depart the United States, that such consent is
  325  knowing and voluntary, and that failure to depart for any reason
  326  will result in reinstatement of any term of imprisonment or
  327  probation for which the alien has been sentenced and which has
  328  not been served. The court may issue any orders, consistent with
  329  state and federal law, necessary to effectuate the alien’s
  330  voluntary departure from the United States.
  331         (10) The Department of Law Enforcement may adopt rules to
  332  implement this section.
  333         Section 6. Section 811.103, Florida Statutes, is created to
  334  read:
  335         811.103 Illegal reentry of an adult alien.—
  336         (1) An alien commits a felony of the third degree,
  337  punishable as provided in s. 775.082, s. 775.083, or s. 775.084
  338  if he or she:
  339         (a) Is 18 years of age or older;
  340         (b) After having been denied admission, excluded, deported,
  341  or removed or having departed the United States while an order
  342  of exclusion, deportation, or removal is outstanding; and
  343         (c) Thereafter enters, attempts to enter, or is at any time
  344  found in this state, unless before the alien’s reembarkation at
  345  a place outside the United States or his or her application for
  346  admission from a foreign contiguous territory:
  347         1. The Attorney General of the United States expressly
  348  consented to such alien’s reapplying for admission; or
  349         2. With respect to an alien previously denied admission and
  350  removed, unless such alien establishes that the alien was not
  351  required to obtain such advance consent under the Immigration
  352  and Nationality Act, as amended.
  353  
  354  Such alien must be sentenced to a minimum term of imprisonment
  355  of 1 year and 1 day. Any term of probation imposed in addition
  356  to the terms of imprisonment may be converted by the trial court
  357  into administrative probation if the alien agrees at the time of
  358  sentencing to return voluntarily to the alien’s country of
  359  origin or otherwise leave the United States and the alien leaves
  360  the United States.
  361         (2) Notwithstanding subsection (1), in the case of any
  362  alien described in subsection (1):
  363         (a) Whose arrest under subsection (1) was subsequent to a
  364  conviction for the commission of three or more misdemeanors or a
  365  felony other than an aggravated felony as defined by federal law
  366  or a violent felony under state law commits a felony of the
  367  third degree, punishable as provided in s. 775.082, s. 775.083,
  368  or s. 775.084. Such person must be sentenced to a minimum term
  369  of imprisonment of 2 years. Any term of probation imposed in
  370  addition to the term of imprisonment may be converted by the
  371  trial court into administrative probation if the alien agrees at
  372  the time of sentencing to return voluntarily to the alien’s
  373  country of origin or otherwise leave the United States and the
  374  alien leaves the United States.
  375         (b) Whose arrest under subsection (1) was subsequent to a
  376  conviction for the commission of an aggravated felony as defined
  377  by federal law or a violent felony under state law commits a
  378  felony of the second degree, punishable as provided in s.
  379  775.082, s. 775.083, or s. 775.084. Such person must be
  380  sentenced to a minimum term of imprisonment of 5 years. Any term
  381  of probation imposed in addition to the term of imprisonment may
  382  be converted by the trial court into administrative probation if
  383  the alien agrees at the time of sentencing to return voluntarily
  384  to the alien’s country of origin or otherwise leave the United
  385  States and the alien leaves the United States.
  386         (3) Any sentence imposed under this section must run
  387  concurrently with the sentence imposed for any other criminal
  388  conviction.
  389         (4) Notwithstanding any other law, and unless release is
  390  otherwise required by the State Constitution or the United
  391  States Constitution, an alien arrested for a violation of this
  392  section must be detained pending disposition of the case because
  393  no conditions of release can reasonably assure the presence of
  394  the alien at trial.
  395         (5) An alien charged with violating this section is not
  396  eligible for any civil citation or other prearrest or postarrest
  397  diversion program, including, but not limited to, a program
  398  pursuant to s. 901.41, s. 921.00241, or other similar program.
  399         (6) At the time of arrest, the law enforcement agency
  400  making the arrest must notify:
  401         (a) Immigration and Customs Enforcement of the United
  402  States Department of Homeland Security and provide that agency
  403  information relating to the alien; and
  404         (b) The Department of Law Enforcement and provide that
  405  agency information relating to the alien, which must include
  406  fingerprints, photographs, and any other biometric information
  407  necessary to identify the alien in the future, and the costs
  408  associated with the arrest, detention, supervision, and
  409  transportation of the alien for a violation of this section.
  410         (7) If an alien agrees to return voluntarily to the alien’s
  411  country of origin or otherwise leave the United States in
  412  accordance with this section, the law enforcement agency with
  413  custody of the alien shall be responsible, consistent with state
  414  and federal law, for coordinating with the alien to arrange
  415  transportation to the alien’s country of destination and for
  416  ensuring that the alien leaves the United States. Public funds
  417  may be used to procure transportation as necessary. If the alien
  418  fails to depart the United States for any reason, any term of
  419  imprisonment or probation for which the alien has been sentenced
  420  and which has not been served must be reinstated. Before the
  421  alien’s departure from the United States, the court exercising
  422  jurisdiction in the case shall verify in a hearing that the
  423  alien consents to depart the United States, that such consent is
  424  knowing and voluntary, and that failure to depart for any reason
  425  will result in reinstatement of any term of imprisonment or
  426  probation for which the alien has been sentenced and which has
  427  not been served. The court may issue any orders, consistent with
  428  state and federal law, necessary to effectuate the alien’s
  429  voluntary departure from the United States.
  430         (8) The Department of Law Enforcement may adopt rules to
  431  implement this section.
  432         Section 7. Section 811.104, Florida Statutes, is created to
  433  read:
  434         811.104 Illegal aid or support to an alien.—
  435         (1) A person who knowingly and willfully aids or assists
  436  any alien who illegally entered or reentered the United States
  437  and then entered this state in violation of s. 811.102 or s.
  438  811.103, or who connives or conspires with any person or persons
  439  to allow, procure, or allow any such alien to enter this state
  440  after illegally entering or reentering the United States in
  441  violation of s. 811.102 or s. 811.103 commits a felony of the
  442  third degree, punishable as provided in s. 775.082, s. 775.083,
  443  or s. 775.084.
  444         (2) It is an affirmative defense to prosecution under this
  445  section if:
  446         (a) The person is a federal, state, or local government
  447  employee working within the course and scope of his or her
  448  employment and the aid or assistance provided to an alien is
  449  limited to the aid or assistance authorized by the governmental
  450  entity for which the person works; or
  451         (b) The person is an agent or works for an entity under
  452  contract with a federal, state, or local government office or
  453  agency to provide services to persons, including aliens, and the
  454  aid or assistance provided to an alien is limited to the aid or
  455  assistance authorized by the government explicitly in that
  456  contract, memorandum of understanding, appendix, or other
  457  written document or direction.
  458         Section 8. Present subsection (6) of section 948.012,
  459  Florida Statutes, is redesignated as subsection (7), a new
  460  subsection (6) is added to that section, and subsection (1) of
  461  that section is amended, to read:
  462         948.012 Split sentence of probation or community control
  463  and imprisonment.—
  464         (1) If punishment by imprisonment for a misdemeanor or a
  465  felony, except for a capital felony, is prescribed, the court
  466  may, at the time of sentencing, impose a split sentence whereby
  467  the defendant is to be placed on probation or, with respect to
  468  any such felony, into community control upon completion of any
  469  specified period of such sentence which may include a term of
  470  years or less. In such case, the court shall stay and withhold
  471  the imposition of the remainder of sentence imposed upon the
  472  defendant and direct that the defendant be placed upon probation
  473  or into community control after serving such period as may be
  474  imposed by the court. Except as provided in s. 944.4731(2)(b)
  475  and subsection (7) (6), the period of probation or community
  476  control shall commence immediately upon the release of the
  477  defendant from incarceration, whether by parole or gain-time
  478  allowances.
  479         (6)(a) Effective for offenses committed on or after March
  480  31, 2025, a defendant who is an alien as defined in s. 811.101
  481  may have any term of the defendant’s probationary sentence
  482  converted to administrative probation by the Department of
  483  Corrections if:
  484         1. The United States Department of Homeland Security
  485  detains the defendant upon the termination of his or her
  486  sentence of imprisonment and deports the defendant; or
  487         2. The defendant agrees to return voluntarily to the
  488  defendant’s country of origin or otherwise leave the United
  489  States and not return to this state unless and until the term of
  490  his or her probation expires and he or she is lawfully admitted
  491  to the United States.
  492         (b) If the defendant agrees to return voluntarily to the
  493  defendant’s country of origin or otherwise leave the United
  494  States in accordance with this section, the Department of
  495  Corrections shall be responsible, consistent with state and
  496  federal law, for coordinating with the defendant to arrange
  497  transportation to the defendant’s country of destination and for
  498  ensuring that the defendant leaves the United States. Public
  499  funds may be used to procure transportation, as necessary.
  500  Before the defendant’s departure from the United States, the
  501  court exercising jurisdiction in the case shall verify in a
  502  hearing that the defendant consents to depart the United States,
  503  that such consent is knowing and voluntary, and that failure to
  504  depart for any reason will result in imprisonment for any
  505  remaining term of imprisonment to the maximum term of
  506  imprisonment that could have been imposed for the offense of
  507  conviction. The court may issue any orders, consistent with
  508  state and federal law, necessary to effectuate the defendant’s
  509  voluntary departure from the United States. If a defendant
  510  returns to the United States after being deported, or after
  511  returning voluntarily to his or her country of destination under
  512  this section during the term of his or her probation, without
  513  being lawfully admitted to the United States, the defendant must
  514  be sentenced to the maximum term of imprisonment for any
  515  remaining term of imprisonment that could have been imposed for
  516  the offense of conviction. Any term of imprisonment for any
  517  subsequently committed criminal offense must run consecutively
  518  to the term of imprisonment required by this subsection.
  519         (c) The Department of Corrections may adopt rules to
  520  implement this section.
  521         Section 9. If any provision of this act or its application
  522  to any person or circumstance is held invalid, the invalidity
  523  does not affect other provisions or applications of this act
  524  which can be given effect without the invalid provisions or
  525  application, and to this end the provisions of this act are
  526  severable.
  527         Section 10. This act shall take effect upon becoming a law.