Bill Text: IA SSB1172 | 2017-2018 | 87th General Assembly | Introduced
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.
Spectrum: Committee Bill
Status: (N/A - Dead) 2017-03-02 - Subcommittee recommends passage. [SSB1172 Detail]
Download: Iowa-2017-SSB1172-Introduced.html
Senate
Study
Bill
1172
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
LOCAL
GOVERNMENT
BILL
BY
CHAIRPERSON
GARRETT)
A
BILL
FOR
An
Act
relating
to
the
enforcement
of
immigration
laws
and
1
providing
penalties
and
remedies,
including
the
denial
of
2
state
funds
to
certain
entities.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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_____
Section
1.
NEW
SECTION
.
825.1
Definitions.
1
1.
“Campus
police
department”
means
a
law
enforcement
agency
2
of
an
institution
governed
by
the
state
board
of
regents,
a
3
community
college,
or
any
other
postsecondary
educational
4
institution
in
this
state
that
receives
state
funds.
5
2.
“Immigration
detainer
request”
means
a
federal
government
6
request
to
a
local
entity
or
campus
police
department
to
7
maintain
temporary
custody
of
an
alien.
“Immigration
detainer
8
request”
includes
verbal
and
written
requests,
including
a
9
United
States
department
of
homeland
security
form
I-247
or
a
10
similar
or
successor
form.
11
3.
“Immigration
law”
means
a
law
of
this
state
or
a
federal
12
law
relating
to
aliens,
immigrants,
or
immigration,
including
13
but
not
limited
to
the
federal
Immigration
and
Nationality
Act,
14
8
U.S.C.
§1101
et
seq.
15
4.
“Lawful
detention”
means
the
detention
of
a
person
by
a
16
local
entity
or
campus
police
department
for
the
investigation
17
of
a
public
offense.
“Lawful
detention”
excludes
a
detention
if
18
the
sole
reason
for
the
detention
is
that
a
person
is
a
victim
19
of
or
witness
to
a
public
offense
or
is
reporting
a
public
20
offense.
21
5.
“Local
entity”
means
the
governing
body
of
a
city,
22
county,
institution
governed
by
the
state
board
of
regents,
23
community
college,
or
any
other
postsecondary
educational
24
institution
in
this
state
that
receives
state
funds.
“Local
25
entity”
includes
an
officer
or
employee
of
a
local
entity
26
or
a
division,
department,
or
other
body
that
is
part
of
a
27
local
entity,
including
but
not
limited
to
a
sheriff,
police
28
department,
city
attorney,
or
county
attorney.
29
6.
“Policy”
includes
a
formal,
written
rule,
policy,
30
procedure,
regulation,
order,
ordinance,
motion,
resolution,
or
31
amendment
and
an
informal,
unwritten
policy.
32
Sec.
2.
NEW
SECTION
.
825.2
County
and
city
liability
——
33
failure
to
comply
with
immigration
detainer
request.
34
1.
If
a
county
or
city
or
officer
or
employee
of
a
county
35
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or
city
or
a
division,
department,
or
other
body
that
is
part
1
of
a
county
or
city
releases
from
custody
a
person
who
is
the
2
subject
of
an
immigration
detainer
request
issued
by
United
3
States
immigration
and
customs
enforcement
and
received
by
4
the
county
or
city,
the
county
or
city
shall
be
liable
under
5
chapter
670
for
damages
resulting
from
any
felony
committed
6
by
the
person
in
this
state
within
ten
years
following
such
7
person’s
release
if
all
of
the
following
apply:
8
a.
The
county
or
city
did
not
detain
the
person
as
9
requested.
10
b.
The
county
or
city
had
probable
cause
to
believe
that
the
11
person
was
not
a
citizen
of
the
United
States
and
was
subject
12
to
removal
from
the
United
States.
13
c.
The
person
had
been
convicted
before
release
of
a
public
14
offense
punishable
as
a
serious
misdemeanor
or
greater
offense.
15
2.
A
county
or
city
shall
not
be
liable
for
damages
16
sustained
by
a
person
who
was
the
subject
of
an
immigration
17
detainer
request
following
the
person’s
release
from
custody
by
18
a
county
or
city.
19
Sec.
3.
NEW
SECTION
.
825.3
Enforcement
of
federal
20
immigration
law
by
law
enforcement
officers.
21
1.
A
state
or
local
law
enforcement
officer
shall
not
stop
22
a
motor
vehicle
or
conduct
a
search
of
a
business
or
residence
23
solely
to
enforce
a
federal
immigration
law,
unless
the
officer
24
is
acting
at
the
request
of,
or
providing
assistance
to,
an
25
appropriate
federal
law
enforcement
officer
or
is
acting
under
26
the
terms
of
an
agreement
between
the
law
enforcement
agency
27
employing
the
officer
and
a
federal
agency
under
which
the
law
28
enforcement
agency
employing
the
officer
receives
delegated
29
authority
to
enforce
the
federal
immigration
law.
30
2.
A
state
or
local
law
enforcement
officer
may
arrest
a
31
person
on
the
grounds
that
the
person
is
an
alien
not
lawfully
32
present
in
the
United
States
only
if
the
officer
is
acting
in
33
accordance
with
this
chapter
and
under
authority
specifically
34
granted
under
applicable
federal
immigration
law.
35
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Sec.
4.
NEW
SECTION
.
825.4
Law
enforcement
agency
duties
——
1
immigration
detainer
requests.
2
1.
A
law
enforcement
agency
in
this
state
that
has
custody
3
of
a
person
subject
to
an
immigration
detainer
request
issued
4
by
United
States
immigration
and
customs
enforcement
shall
5
fully
comply
with
any
instruction
made
in
the
detainer
request
6
and
in
any
other
legal
document
provided
by
a
federal
agency.
7
2.
A
law
enforcement
agency
in
this
state
shall
presume
an
8
immigration
detainer
request,
whether
written
or
verbal,
is
9
based
on
probable
cause
and
is
otherwise
valid.
10
Sec.
5.
NEW
SECTION
.
825.5
Completion
of
sentence
in
11
federal
custody.
12
1.
The
court,
in
a
criminal
proceeding
in
this
state
in
13
which
the
sentence
requires
a
defendant
who
is
the
subject
14
of
an
immigration
detainer
request
to
be
confined
in
a
15
correctional
facility,
shall
issue
an
order
at
the
time
of
16
sentencing
requiring
the
correctional
facility
in
which
the
17
defendant
is
to
be
confined
and
all
appropriate
government
18
officers
to
require
the
defendant
to
be
transferred
to
serve
in
19
federal
custody
the
final
portion
of
the
defendant’s
sentence,
20
not
to
exceed
a
period
of
seven
days,
if
a
facility
or
officer
21
determines
that
the
change
in
the
place
of
confinement
will
22
facilitate
the
seamless
transfer
of
the
defendant
into
federal
23
custody.
The
court
in
a
criminal
proceeding
in
this
state
24
shall
retain
jurisdiction
to
issue
such
an
order
at
a
later
25
date
if
the
court
receives
notice
from
a
federal
agency
that
a
26
defendant
was
the
subject
of
an
immigration
detainer
request
at
27
the
time
of
sentencing.
The
court
shall
issue
such
an
order
as
28
soon
as
practicable
after
receiving
such
notice.
29
2.
In
the
absence
of
an
order
issued
under
this
section,
30
a
facility
or
officer
acting
under
exigent
circumstances
may
31
perform
such
a
transfer
after
making
a
determination
that
the
32
change
in
the
place
of
confinement
will
facilitate
the
seamless
33
transfer
of
the
defendant
into
federal
custody.
34
3.
A
defendant
shall
be
transferred
pursuant
to
this
section
35
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only
if
appropriate
officers
of
the
federal
government
consent
1
to
the
transfer
of
a
defendant
into
federal
custody
under
the
2
circumstances
described
in
this
section.
3
Sec.
6.
NEW
SECTION
.
825.6
Restriction
on
enforcement
of
4
immigration
law
prohibited.
5
1.
A
local
entity
or
campus
police
department
shall
not
6
adopt
or
enforce
a
policy
or
take
any
other
action
under
which
7
the
local
entity
or
campus
police
department
prohibits
or
8
discourages
the
enforcement
of
immigration
laws.
9
2.
A
local
entity
or
campus
police
department
shall
not
10
prohibit
or
discourage
a
person
who
is
a
law
enforcement
11
officer,
corrections
officer,
county
attorney,
city
attorney,
12
or
other
official
who
is
employed
by
or
otherwise
under
the
13
direction
or
control
of
the
local
entity
or
campus
police
14
department
from
doing
any
of
the
following:
15
a.
Inquiring
about
the
immigration
status
of
a
person
under
16
a
lawful
detention
or
under
arrest.
17
b.
Doing
any
of
the
following
with
respect
to
information
18
relating
to
the
immigration
status,
lawful
or
unlawful,
of
any
19
person
under
a
lawful
detention
or
under
arrest,
including
20
information
regarding
the
person’s
place
of
birth:
21
(1)
Sending
the
information
to
or
requesting
or
receiving
22
the
information
from
United
States
citizenship
and
immigration
23
services,
United
States
immigration
and
customs
enforcement,
or
24
another
relevant
federal
agency.
25
(2)
Maintaining
the
information.
26
(3)
Exchanging
the
information
with
another
local
entity
27
or
campus
police
department
or
a
federal
or
state
governmental
28
entity.
29
c.
Assisting
or
cooperating
with
a
federal
immigration
30
officer
as
reasonable
or
necessary,
including
providing
31
enforcement
assistance.
32
d.
Permitting
a
federal
immigration
officer
to
enter
and
33
conduct
enforcement
activities
at
a
jail
or
other
detention
34
facility
to
enforce
a
federal
immigration
law.
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Sec.
7.
NEW
SECTION
.
825.7
Written
policies.
1
No
later
than
January
1,
2018,
each
state
or
local
law
2
enforcement
agency
subject
to
this
chapter
shall
do
all
of
the
3
following:
4
1.
Formalize
in
writing
any
unwritten,
informal
policies
5
relating
to
the
enforcement
of
immigration
laws.
6
2.
Update
the
agency’s
policies
to
be
consistent
with
this
7
chapter,
to
require
each
officer
or
other
employee
of
the
law
8
enforcement
agency
to
fully
comply
with
this
chapter,
and
to
9
prohibit
an
officer
or
other
employee
of
the
law
enforcement
10
agency
from
preventing
law
enforcement
agency
personnel
from
11
fully
complying
with
this
chapter.
12
Sec.
8.
NEW
SECTION
.
825.8
Discrimination
prohibited.
13
A
local
entity,
campus
police
department,
or
a
person
14
employed
by
or
otherwise
under
the
direction
or
control
of
a
15
local
entity
or
campus
police
department
shall
not
consider
16
race,
skin
color,
language
spoken,
or
national
origin
while
17
enforcing
immigration
laws
except
to
the
extent
permitted
by
18
the
Constitution
of
the
United
States
or
the
Constitution
of
19
the
State
of
Iowa.
20
Sec.
9.
NEW
SECTION
.
825.9
Complaints
——
notification
——
21
civil
action.
22
1.
Any
person,
including
a
federal
agency,
may
file
a
23
complaint
with
the
attorney
general
or
a
county
attorney
24
alleging
that
a
local
entity
or
campus
police
department
has
25
violated
or
is
violating
this
chapter
if
the
person
offers
26
evidence
to
support
such
an
allegation.
The
person
shall
27
include
with
the
complaint
any
evidence
the
person
has
in
28
support
of
the
complaint.
29
2.
A
local
entity
or
campus
police
department
for
which
the
30
attorney
general
or
county
attorney
has
received
a
complaint
31
pursuant
to
this
section
shall
comply
with
any
document
32
requests,
including
a
request
for
supporting
documents,
33
from
the
attorney
general
or
county
attorney
relating
to
the
34
complaint.
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3.
A
complaint
filed
pursuant
to
subsection
1
shall
not
be
1
valid
unless
the
attorney
general
or
county
attorney
determines
2
that
a
violation
of
this
chapter
by
a
local
entity
or
campus
3
police
department
was
intentional.
4
4.
If
the
attorney
general
or
county
attorney
determines
5
that
a
complaint
filed
pursuant
to
this
section
against
6
a
local
entity
or
campus
police
department
is
valid,
the
7
attorney
general
or
county
attorney,
not
later
than
ten
days
8
after
the
date
of
such
a
determination,
shall
provide
written
9
notification
to
the
local
entity
or
campus
police
department
10
by
certified
mail,
with
return
receipt
requested,
stating
all
11
of
the
following:
12
a.
A
complaint
pursuant
to
this
section
has
been
filed
and
13
the
grounds
for
the
complaint.
14
b.
The
attorney
general
or
county
attorney
has
determined
15
that
the
complaint
is
valid.
16
c.
The
attorney
general
or
county
attorney
is
authorized
to
17
file
a
civil
action
in
district
court
pursuant
to
subsection
18
6
to
enjoin
a
violation
of
this
chapter
no
later
than
forty
19
days
after
the
date
on
which
the
notification
is
received
if
20
the
local
entity
or
campus
police
department
does
not
come
into
21
compliance
with
the
requirements
of
this
chapter.
22
d.
The
local
entity
or
campus
police
department
and
any
23
entity
that
is
under
the
jurisdiction
of
the
local
entity
or
24
campus
police
department
will
be
denied
state
funds
pursuant
to
25
section
825.10
for
the
state
fiscal
year
following
the
year
in
26
which
a
final
judicial
determination
in
a
civil
action
brought
27
under
this
section
is
made.
28
5.
No
later
than
thirty
days
after
the
date
on
which
a
29
local
entity
or
campus
police
department
receives
written
30
notification
under
subsection
4,
the
local
entity
or
campus
31
police
department
shall
provide
the
attorney
general
or
county
32
attorney
with
all
of
the
following:
33
a.
Copies
of
all
of
the
local
entity’s
or
campus
police
34
department’s
written
policies
relating
to
immigration
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enforcement
actions.
1
b.
A
copy
of
each
immigration
detainer
request
received
by
2
the
local
entity
or
campus
police
department
from
a
federal
3
agency.
4
c.
A
copy
of
each
response
sent
by
the
local
entity
or
5
campus
police
department
to
an
immigration
detainer
request
6
described
by
paragraph
“b”
.
7
d.
A
description
of
all
actions
the
local
entity
or
campus
8
police
department
has
taken
or
will
take
to
correct
any
9
violations
of
this
chapter.
10
e.
If
applicable,
any
evidence
that
would
refute
the
11
allegations
made
in
the
complaint.
12
6.
No
later
than
forty
days
after
the
date
on
which
the
13
notification
pursuant
to
subsection
4
is
received,
the
attorney
14
general
or
county
attorney
shall
file
a
civil
action
in
15
district
court
to
enjoin
any
ongoing
violation
of
this
chapter
16
by
a
local
entity
or
campus
police
department.
17
Sec.
10.
NEW
SECTION
.
825.10
Denial
of
state
funds.
18
1.
Notwithstanding
any
other
provision
of
law
to
the
19
contrary,
a
local
entity,
including
any
entity
under
the
20
jurisdiction
of
the
local
entity,
or
a
campus
police
department
21
shall
be
ineligible
to
receive
any
state
funds
if
the
local
22
entity
or
campus
police
department
intentionally
violates
this
23
chapter.
24
2.
State
funds
shall
be
denied
to
a
local
entity
or
campus
25
police
department
pursuant
to
subsection
1
by
all
state
26
agencies
for
each
state
fiscal
year
that
begins
after
the
date
27
on
which
a
final
judicial
determination
that
the
local
entity
28
or
campus
police
department
has
intentionally
violated
this
29
chapter
is
made
in
a
civil
action
brought
pursuant
to
section
30
825.9,
subsection
6.
State
funds
shall
continue
to
be
denied
31
until
eligibility
to
receive
state
funds
is
reinstated
under
32
section
825.11.
However,
any
state
funds
for
the
provision
of
33
wearable
body
protective
gear
used
for
law
enforcement
purposes
34
shall
not
be
denied
under
this
section.
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3.
The
department
of
management
shall
adopt
rules
pursuant
1
to
chapter
17A
to
implement
this
section
and
section
825.11
2
uniformly
across
state
agencies
from
which
state
funds
are
3
distributed
to
local
entities
and
campus
police
departments.
4
Sec.
11.
NEW
SECTION
.
825.11
Reinstatement
of
eligibility
5
to
receive
state
funds.
6
1.
Except
as
provided
by
subsection
5,
no
earlier
7
than
twelve
months
after
the
date
of
a
final
judicial
8
determination
that
a
local
entity
or
campus
police
department
9
has
intentionally
violated
the
provisions
of
this
chapter,
10
the
local
entity
or
campus
police
department
may
petition
the
11
district
court
that
heard
the
civil
action
brought
pursuant
to
12
section
825.9,
subsection
6,
to
seek
a
declaratory
judgment
13
that
the
local
entity
or
campus
police
department
is
in
full
14
compliance
with
this
chapter.
15
2.
A
local
entity
or
campus
police
department
that
petitions
16
the
court
as
described
by
subsection
1
shall
comply
with
17
any
document
requests,
including
a
request
for
supporting
18
documents,
from
the
attorney
general
or
county
attorney
19
relating
to
the
action.
20
3.
If
the
court
issues
a
declaratory
judgment
declaring
21
that
the
local
entity
or
campus
police
department
is
in
full
22
compliance
with
this
chapter,
the
local
entity’s
or
campus
23
police
department’s
eligibility
to
receive
state
funds
is
24
reinstated
beginning
on
the
first
day
of
the
month
following
25
the
date
on
which
the
declaratory
judgment
is
issued.
26
4.
A
local
entity
or
campus
police
department
shall
not
27
petition
the
court
as
described
in
subsection
1
more
than
twice
28
in
one
twelve-month
period.
29
5.
A
local
entity
or
campus
police
department
may
petition
30
the
court
as
described
in
subsection
1
before
the
date
provided
31
in
subsection
1
if
the
person
who
was
the
director
or
other
32
chief
officer
of
the
local
entity
or
campus
police
department
33
at
the
time
of
the
violation
of
this
chapter
is
subsequently
34
removed
from
or
otherwise
leaves
office.
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6.
A
party
shall
not
be
entitled
to
recover
any
attorney
1
fees
in
a
civil
action
described
by
subsection
1.
2
Sec.
12.
NEW
SECTION
.
825.12
Attorney
general
database.
3
The
attorney
general
shall
develop
and
maintain
a
searchable
4
database
listing
each
local
entity
and
campus
police
department
5
for
which
a
final
judicial
determination
described
in
section
6
825.10,
subsection
2,
has
been
made.
The
attorney
general
7
shall
post
the
database
on
the
attorney
general’s
internet
8
site.
9
Sec.
13.
NEW
SECTION
.
825.13
Applicability.
10
1.
This
chapter
does
not
apply
to
a
school
district
or
11
nonpublic
school.
This
chapter
does
not
apply
to
the
release
12
of
information
contained
in
education
records
of
an
educational
13
agency
or
institution,
except
in
conformity
with
the
federal
14
Family
Educational
Rights
and
Privacy
Act
of
1974,
20
U.S.C.
15
§1232g.
16
2.
This
chapter
does
not
apply
to
a
hospital
if
the
hospital
17
is
providing
access
to
or
delivering
medical
or
health
care
18
services
as
required
under
42
U.S.C.
§1395dd
or
42
U.S.C.
19
§1396b(v).
However,
this
chapter
shall
apply
to
any
law
20
enforcement
officer
employed
by
a
hospital.
21
Sec.
14.
APPLICABILITY.
This
Act
applies
to
the
release
of
22
a
person
from
custody
in
this
state
on
or
after
the
effective
23
date
of
this
Act.
24
Sec.
15.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
25
3,
shall
not
apply
to
this
Act.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
relates
to
the
enforcement
of
immigration
laws.
30
The
bill
defines
immigration
law
as
a
law
of
this
state
or
31
a
federal
law
relating
to
aliens,
immigrants,
or
immigration,
32
including
but
not
limited
to
the
federal
Immigration
and
33
Nationality
Act.
34
The
bill
provides
that
if
a
county
or
city
or
officer
or
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employee
of
a
county
or
city
or
a
division,
department,
or
1
other
body
that
is
part
of
a
county
or
city
releases
from
2
custody
a
person
who
is
the
subject
of
an
immigration
detainer
3
request
issued
by
United
States
immigration
and
customs
4
enforcement
and
received
by
the
county
or
city,
the
county
5
or
city
shall
be
liable
under
Code
chapter
670
for
damages
6
resulting
from
any
felony
committed
by
the
person
in
this
7
state
within
10
years
following
the
person’s
release.
The
8
bill
provides
that
a
county
or
city
is
only
liable
if
certain
9
conditions
specified
in
the
bill
are
met.
The
bill
provides
10
that
a
county
or
city
shall
not
be
liable
for
damages
sustained
11
by
a
person
who
is
the
subject
of
an
immigration
detainer
12
request
following
the
person’s
release
from
custody
by
a
county
13
or
city.
14
The
bill
defines
“immigration
detainer
request"
as
a
15
federal
government
request
to
a
local
entity
or
campus
16
police
department
to
maintain
temporary
custody
of
an
alien.
17
“Immigration
detainer
request”
includes
verbal
and
written
18
requests,
including
a
United
States
department
of
homeland
19
security
form
I-247
or
a
similar
or
successor
form.
20
The
bill
prohibits
a
state
or
local
law
enforcement
officer
21
from
stopping
a
motor
vehicle
or
conducting
a
search
of
a
22
business
or
residence
solely
to
enforce
a
federal
immigration
23
law
except
under
certain
specified
circumstances.
24
The
bill
permits
a
state
or
local
law
enforcement
officer
25
to
arrest
a
person
on
the
grounds
that
the
person
is
an
alien
26
not
lawfully
present
in
the
United
States
only
if
the
officer
27
is
acting
in
accordance
with
the
bill
and
under
authority
28
specifically
granted
under
applicable
federal
immigration
law.
29
The
bill
requires
a
law
enforcement
agency
in
this
state
30
that
has
custody
of
a
person
subject
to
an
immigration
detainer
31
request
issued
by
United
States
immigration
and
customs
32
enforcement
to
fully
comply
with
any
instruction
made
in
the
33
detainer
request
and
in
any
other
legal
document
provided
by
a
34
federal
agency.
The
bill
requires
a
law
enforcement
agency
in
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this
state
to
presume
an
immigration
detainer
request,
whether
1
written
or
verbal,
is
based
on
probable
cause
and
is
otherwise
2
valid.
3
The
bill
requires
the
court
in
a
criminal
proceeding
in
this
4
state
in
which
the
sentence
requires
a
defendant
subject
to
an
5
immigration
detainer
request
to
be
confined
in
a
correctional
6
facility,
to
issue
an
order
at
the
time
of
sentencing,
or
at
7
a
later
date,
requiring
the
correctional
facility
in
which
8
the
defendant
is
to
be
confined
to
require
the
defendant
to
9
be
transferred
to
serve
in
federal
custody
the
final
portion
10
of
the
defendant’s
sentence,
not
to
exceed
a
period
of
seven
11
days,
if
a
facility
or
officer
determines
that
the
change
12
in
the
place
of
confinement
will
facilitate
the
seamless
13
transfer
of
the
defendant
into
federal
custody.
A
defendant
14
shall
be
transferred
pursuant
to
the
bill
only
if
appropriate
15
officers
of
the
federal
government
consent
to
the
transfer
16
of
a
defendant
into
federal
custody
under
the
circumstances
17
described
in
the
bill.
18
The
bill
prohibits
a
local
entity
or
campus
police
19
department
from
adopting
or
enforcing
a
policy
or
take
any
20
other
action
under
which
the
entity
or
department
prohibits
or
21
discourages
the
enforcement
of
immigration
laws.
22
The
bill
prohibits
a
local
entity
or
campus
police
23
department
from
prohibiting
or
discouraging
a
person
who
24
is
a
law
enforcement
officer,
corrections
officer,
county
25
attorney,
city
attorney,
or
other
official
who
is
employed
by
26
or
otherwise
under
the
direction
or
control
of
the
entity
or
27
department
from
carrying
out
various
activities
specified
in
28
the
bill
relating
to
enforcement
of
immigration
laws.
29
The
bill
defines
“local
entity”
as
the
governing
body
30
of
a
city,
county,
institution
governed
by
the
state
board
31
of
regents,
community
college,
or
any
other
postsecondary
32
educational
institution
in
this
state
that
receives
state
33
funds.
34
The
bill
defines
“campus
police
department”
as
a
law
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enforcement
agency
of
an
institution
governed
by
the
board
1
of
regents,
a
community
college,
or
any
other
postsecondary
2
educational
institution
in
this
state
that
receives
state
3
funds.
4
The
bill
requires
each
state
or
local
law
enforcement
agency
5
subject
to
the
bill
to
formalize
in
writing
any
unwritten,
6
informal
policies
relating
to
the
enforcement
of
immigration
7
laws
and
to
update
the
agency’s
policies
to
be
consistent
with
8
the
bill
and
to
require
full
compliance
with
the
bill.
These
9
actions
must
be
carried
out
no
later
than
January
1,
2018.
10
The
bill
prohibits
a
local
entity,
campus
police
department,
11
or
a
person
employed
by
or
otherwise
under
the
direction
or
12
control
of
an
entity
or
department
from
considering
race,
skin
13
color,
language
spoken,
or
national
origin
while
enforcing
14
immigration
laws
except
to
the
extent
permitted
by
the
United
15
States
Constitution
or
Iowa
Constitution.
16
The
bill
permits
any
person,
including
a
federal
agency,
to
17
file
a
complaint
with
the
attorney
general
or
a
county
attorney
18
alleging
that
a
local
entity
or
campus
police
department
has
19
violated
or
is
violating
the
requirements
of
the
bill
if
the
20
person
offers
evidence
to
support
such
an
allegation.
The
21
bill
provides
that
a
complaint
shall
not
be
valid
unless
the
22
attorney
general
or
county
attorney
determines
that
a
violation
23
of
the
requirements
of
the
bill
by
a
local
entity
or
campus
24
police
department
was
intentional.
25
If
the
attorney
general
or
county
attorney
determines
that
26
a
complaint
is
valid,
the
bill
requires
the
attorney
general
27
or
county
attorney
to
provide
notification
to
the
entity
or
28
department
within
10
days
of
the
determination.
The
bill
29
requires
the
entity
or
department
to
provide
a
response
to
30
the
attorney
general
or
county
attorney
within
30
days
of
31
receiving
the
notification.
The
bill
specifies
the
content
of
32
the
notification
and
response.
33
The
bill
requires
the
attorney
general
or
county
attorney
34
to
file
a
civil
action
in
district
court
to
enjoin
any
ongoing
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violation
of
the
requirements
of
the
bill
by
a
local
entity
or
1
campus
police
department
no
later
than
40
days
after
the
date
2
on
which
the
notification
is
received.
3
The
bill
provides
that,
notwithstanding
any
other
provision
4
of
law
to
the
contrary,
a
local
entity,
including
any
entity
5
under
the
jurisdiction
of
the
local
entity,
or
a
campus
police
6
department
shall
not
be
eligible
to
receive
any
state
funds
if
7
the
local
entity
or
department
intentionally
violates
the
bill.
8
State
funds
shall
continue
to
be
denied
until
eligibility
to
9
receive
state
funds
is
reinstated
as
provided
in
the
bill.
10
The
bill
provides
that
any
state
funds
for
the
provision
11
of
wearable
body
protective
gear
used
for
law
enforcement
12
purposes
shall
not
be
denied
in
this
way.
The
bill
requires
13
the
department
of
management
to
adopt
rules
to
implement
the
14
denial
of
and
reinstatement
of
eligibility
to
receive
state
15
funds
uniformly
across
state
agencies.
16
The
bill
permits
a
local
entity
or
campus
police
department
17
to
petition
the
district
court
that
heard
the
civil
action
18
brought
pursuant
to
the
bill
to
seek
a
declaratory
judgment
19
that
the
entity
or
department
is
in
full
compliance
with
the
20
bill
in
order
to
restore
the
eligibility
to
receive
state
21
funds.
22
The
bill
requires
the
attorney
general
to
develop,
post,
23
and
maintain
a
searchable
database
listing
each
local
entity
24
and
campus
police
department
for
which
a
final
judicial
25
determination
that
the
entity
or
department
has
intentionally
26
violated
the
requirements
of
the
bill
has
been
made.
27
The
bill
does
not
apply
to
a
school
district
or
nonpublic
28
school.
The
bill
does
not
apply
to
the
release
of
information
29
contained
in
education
records
of
an
educational
agency
or
30
institution,
except
in
conformity
with
the
federal
Family
31
Educational
Rights
and
Privacy
Act
of
1974.
The
bill
does
not
32
apply
to
a
hospital
if
the
hospital
is
providing
access
to
or
33
delivering
medical
or
health
care
services
as
required
under
34
federal
laws
specified
in
the
bill.
However,
the
bill
does
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apply
to
any
law
enforcement
officer
employed
by
a
hospital.
1
The
bill
applies
to
the
release
of
a
person
from
custody
in
2
this
state
on
or
after
the
effective
date
of
the
bill.
3
The
bill
may
include
a
state
mandate
as
defined
in
Code
4
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
5
subsection
3,
which
would
relieve
a
political
subdivision
from
6
complying
with
a
state
mandate
if
funding
for
the
cost
of
7
the
state
mandate
is
not
provided
or
specified.
Therefore,
8
political
subdivisions
are
required
to
comply
with
any
state
9
mandate
included
in
the
bill.
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