Bill Text: IA SF481 | 2017-2018 | 87th General Assembly | Amended
Bill Title: A bill for an act relating to the enforcement of immigration laws and providing penalties and remedies, including the denial of state funds to certain entities. (Formerly SSB 1172.) Effective 7-1-18.
Spectrum: Committee Bill
Status: (Passed) 2018-04-10 - Signed by Governor. S.J. 901. [SF481 Detail]
Download: Iowa-2017-SF481-Amended.html
Senate File 481 - Reprinted SENATE FILE BY COMMITTEE ON LOCAL GOVERNMENT (SUCCESSOR TO SSB 1172) (As Amended and Passed by the Senate April 12, 2017) A BILL FOR 1 An Act relating to the enforcement of immigration laws and 2 providing penalties and remedies, including the denial of 3 state funds to certain entities. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: SF 481 (3) 87 je/rj/jh PAG LIN 1 1 Section 1. NEW SECTION. 825.1 Definitions. 1 2 1. "Immigration detainer request" means a federal government 1 3 request to a local entity to maintain temporary custody of 1 4 an alien. "Immigration detainer request" includes verbal and 1 5 written requests, including a United States department of 1 6 homeland security form I=247 or a similar or successor form. 1 7 2. "Immigration law" means a law of this state or a federal 1 8 law relating to aliens, immigrants, or immigration, including 1 9 but not limited to the federal Immigration and Nationality Act, 1 10 8 U.S.C. {1101 et seq. 1 11 3. "Lawful detention" means the detention of a person by a 1 12 local entity for the investigation of a public offense. "Lawful 1 13 detention" excludes a detention if the sole reason for the 1 14 detention is that a person is a victim of or witness to a public 1 15 offense or is reporting a public offense. 1 16 4. "Local entity" means the governing body of a city or 1 17 county. "Local entity" includes an officer or employee of a 1 18 local entity or a division, department, or other body that is 1 19 part of a local entity, including but not limited to a sheriff, 1 20 police department, city attorney, or county attorney. 1 21 5. "Policy" includes a formal, written rule, policy, 1 22 procedure, regulation, order, ordinance, motion, resolution, or 1 23 amendment and an informal, unwritten policy. 1 24 6. "Public offense" excludes a moving traffic violation 1 25 under chapter 321. 1 26 Sec. 2. NEW SECTION. 825.2 Law enforcement agency duties ==== 1 27 immigration detainer requests. 1 28 A law enforcement agency in this state that has custody of 1 29 a person subject to an immigration detainer request issued by 1 30 United States immigration and customs enforcement shall fully 1 31 comply with any instruction made in the detainer request and in 1 32 any other legal document provided by a federal agency. 1 33 Sec. 3. NEW SECTION. 825.3 Completion of sentence in 1 34 federal custody. 1 35 1. The court, in a criminal proceeding in this state in 2 1 which the sentence requires a defendant who is the subject 2 2 of an immigration detainer request to be confined in a 2 3 correctional facility, shall issue an order at the time of 2 4 sentencing requiring the correctional facility in which the 2 5 defendant is to be confined and all appropriate government 2 6 officers to require the defendant to be transferred to serve in 2 7 federal custody the final portion of the defendant's sentence, 2 8 not to exceed a period of seven days, if a facility or officer 2 9 determines that the change in the place of confinement will 2 10 facilitate the seamless transfer of the defendant into federal 2 11 custody. The court in a criminal proceeding in this state 2 12 shall retain jurisdiction to issue such an order at a later 2 13 date if the court receives notice from a federal agency that a 2 14 defendant was the subject of an immigration detainer request at 2 15 the time of sentencing. The court shall issue such an order as 2 16 soon as practicable after receiving such notice. 2 17 2. In the absence of an order issued under this section, 2 18 a facility or officer acting under exigent circumstances may 2 19 perform such a transfer after making a determination that the 2 20 change in the place of confinement will facilitate the seamless 2 21 transfer of the defendant into federal custody. 2 22 3. A defendant shall be transferred pursuant to this section 2 23 only if appropriate officers of the federal government consent 2 24 to the transfer of a defendant into federal custody under the 2 25 circumstances described in this section. 2 26 Sec. 4. NEW SECTION. 825.4 Restriction on enforcement of 2 27 immigration law prohibited. 2 28 1. A local entity shall not adopt or enforce a policy or 2 29 take any other action under which the local entity prohibits or 2 30 discourages the enforcement of immigration laws. 2 31 2. A local entity shall not prohibit or discourage a person 2 32 who is a law enforcement officer, corrections officer, county 2 33 attorney, city attorney, or other official who is employed by 2 34 or otherwise under the direction or control of the local entity 2 35 from doing any of the following: 3 1 a. Inquiring about the immigration status of a person under 3 2 a lawful detention or under arrest. 3 3 b. Doing any of the following with respect to information 3 4 relating to the immigration status, lawful or unlawful, of any 3 5 person under a lawful detention or under arrest, including 3 6 information regarding the person's place of birth: 3 7 (1) Sending the information to or requesting or receiving 3 8 the information from United States citizenship and immigration 3 9 services, United States immigration and customs enforcement, or 3 10 another relevant federal agency. 3 11 (2) Maintaining the information. 3 12 (3) Exchanging the information with another local entity or 3 13 a federal or state governmental entity. 3 14 c. Assisting or cooperating with a federal immigration 3 15 officer as reasonable or necessary, including providing 3 16 enforcement assistance. 3 17 d. Permitting a federal immigration officer to enter and 3 18 conduct enforcement activities at a jail or other detention 3 19 facility to enforce a federal immigration law. 3 20 Sec. 5. NEW SECTION. 825.5 Written policies. 3 21 No later than January 1, 2018, each state or local law 3 22 enforcement agency subject to this chapter shall do all of the 3 23 following: 3 24 1. Formalize in writing any unwritten, informal policies 3 25 relating to the enforcement of immigration laws. 3 26 2. Update the agency's policies to be consistent with this 3 27 chapter, to require each officer or other employee of the law 3 28 enforcement agency to fully comply with this chapter, and to 3 29 prohibit an officer or other employee of the law enforcement 3 30 agency from preventing law enforcement agency personnel from 3 31 fully complying with this chapter. 3 32 Sec. 6. NEW SECTION. 825.6 Discrimination prohibited. 3 33 A local entity or a person employed by or otherwise under 3 34 the direction or control of a local entity shall not consider 3 35 race, skin color, language spoken, or national origin while 4 1 enforcing immigration laws except to the extent permitted by 4 2 the Constitution of the United States or the Constitution of 4 3 the State of Iowa. 4 4 Sec. 7. NEW SECTION. 825.7 Victim of or witness to a crime 4 5 ==== limitation on collection of information. 4 6 A local entity or a person employed by or otherwise under 4 7 the direction or control of a local entity shall not ask for 4 8 or collect any information from a victim of or witness to an 4 9 alleged public offense or from a person reporting an alleged 4 10 public offense, including the victim's, witness's, or person's 4 11 national origin, that is not pertinent to the investigation of 4 12 the alleged public offense. 4 13 Sec. 8. NEW SECTION. 825.8 Complaints ==== notification ==== 4 14 civil action. 4 15 1. Any person, including a federal agency, may file a 4 16 complaint with the attorney general or a county attorney 4 17 alleging that a local entity has violated or is violating 4 18 this chapter if the person offers evidence to support such an 4 19 allegation. The person shall include with the complaint any 4 20 evidence the person has in support of the complaint. 4 21 2. A local entity for which the attorney general or county 4 22 attorney has received a complaint pursuant to this section 4 23 shall comply with any document requests, including a request 4 24 for supporting documents, from the attorney general or county 4 25 attorney relating to the complaint. 4 26 3. A complaint filed pursuant to subsection 1 shall not 4 27 be valid unless the attorney general or county attorney 4 28 determines that a violation of this chapter by a local entity 4 29 was intentional. 4 30 4. If the attorney general or county attorney determines 4 31 that a complaint filed pursuant to this section against a local 4 32 entity is valid, the attorney general or county attorney, not 4 33 later than ten days after the date of such a determination, 4 34 shall provide written notification to the local entity by 4 35 certified mail, with return receipt requested, stating all of 5 1 the following: 5 2 a. A complaint pursuant to this section has been filed and 5 3 the grounds for the complaint. 5 4 b. The attorney general or county attorney has determined 5 5 that the complaint is valid. 5 6 c. The attorney general or county attorney is authorized to 5 7 file a civil action in district court pursuant to subsection 5 8 6 to enjoin a violation of this chapter no later than forty 5 9 days after the date on which the notification is received 5 10 if the local entity does not come into compliance with the 5 11 requirements of this chapter. 5 12 d. The local entity and any entity that is under the 5 13 jurisdiction of the local entity will be denied state funds 5 14 pursuant to section 825.9 for the state fiscal year following 5 15 the year in which a final judicial determination in a civil 5 16 action brought under this section is made. 5 17 5. No later than thirty days after the date on which a 5 18 local entity receives written notification under subsection 4, 5 19 the local entity shall provide the attorney general or county 5 20 attorney with all of the following: 5 21 a. Copies of all of the local entity's written policies 5 22 relating to immigration enforcement actions. 5 23 b. A copy of each immigration detainer request received by 5 24 the local entity from a federal agency. 5 25 c. A copy of each response sent by the local entity to an 5 26 immigration detainer request described by paragraph "b". 5 27 d. A description of all actions the local entity has taken 5 28 or will take to correct any violations of this chapter. 5 29 e. If applicable, any evidence that would refute the 5 30 allegations made in the complaint. 5 31 6. No later than forty days after the date on which the 5 32 notification pursuant to subsection 4 is received, the attorney 5 33 general or county attorney shall file a civil action in 5 34 district court to enjoin any ongoing violation of this chapter 5 35 by a local entity. 6 1 Sec. 9. NEW SECTION. 825.9 Denial of state funds. 6 2 1. Notwithstanding any other provision of law to the 6 3 contrary, a local entity, including any entity under the 6 4 jurisdiction of the local entity, shall be ineligible to 6 5 receive any state funds if the local entity intentionally 6 6 violates this chapter. 6 7 2. State funds shall be denied to a local entity pursuant 6 8 to subsection 1 by all state agencies for each state fiscal 6 9 year that begins after the date on which a final judicial 6 10 determination that the local entity has intentionally violated 6 11 this chapter is made in a civil action brought pursuant to 6 12 section 825.8, subsection 6. State funds shall continue 6 13 to be denied until eligibility to receive state funds is 6 14 reinstated under section 825.10. However, any state funds for 6 15 the provision of wearable body protective gear used for law 6 16 enforcement purposes shall not be denied under this section. 6 17 3. The department of management shall adopt rules pursuant 6 18 to chapter 17A to implement this section and section 825.10 6 19 uniformly across state agencies from which state funds are 6 20 distributed to local entities. 6 21 Sec. 10. NEW SECTION. 825.10 Reinstatement of eligibility 6 22 to receive state funds. 6 23 1. Except as provided by subsection 5, no earlier than 6 24 twelve months after the date of a final judicial determination 6 25 that a local entity has intentionally violated the provisions 6 26 of this chapter, the local entity may petition the district 6 27 court that heard the civil action brought pursuant to section 6 28 825.8, subsection 6, to seek a declaratory judgment that the 6 29 local entity is in full compliance with this chapter. 6 30 2. A local entity that petitions the court as described by 6 31 subsection 1 shall comply with any document requests, including 6 32 a request for supporting documents, from the attorney general 6 33 or county attorney relating to the action. 6 34 3. If the court issues a declaratory judgment declaring that 6 35 the local entity is in full compliance with this chapter, the 7 1 local entity's eligibility to receive state funds is reinstated 7 2 beginning on the first day of the month following the date on 7 3 which the declaratory judgment is issued. 7 4 4. A local entity shall not petition the court as described 7 5 in subsection 1 more than twice in one twelve=month period. 7 6 5. A local entity may petition the court as described in 7 7 subsection 1 before the date provided in subsection 1 if the 7 8 person who was the director or other chief officer of the 7 9 local entity at the time of the violation of this chapter is 7 10 subsequently removed from or otherwise leaves office. 7 11 6. A party shall not be entitled to recover any attorney 7 12 fees in a civil action described by subsection 1. 7 13 Sec. 11. NEW SECTION. 825.11 Attorney general database. 7 14 The attorney general shall develop and maintain a searchable 7 15 database listing each local entity for which a final judicial 7 16 determination described in section 825.9, subsection 2, has 7 17 been made. The attorney general shall post the database on the 7 18 attorney general's internet site. 7 19 Sec. 12. APPLICABILITY. This Act applies to the release of 7 20 a person from custody in this state on or after the effective 7 21 date of this Act. 7 22 Sec. 13. IMPLEMENTATION OF ACT. Section 25B.2, subsection 7 23 3, shall not apply to this Act. SF 481 (3) 87 je/rj/jh
