Bill Text: IL HB4136 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Illinois TRUST Act. Provides that nothing shall be construed as restricting an expenditure or activity necessary to perform by the State, a unit of local government, or law enforcement agency, or other State or unit of local government agency, official, employee, or agent of any obligations under any contract between the State, the unit of local government, law enforcement agency, or other State or local government agency and federal officials regarding the use of a facility to detain persons in federal immigration removal proceedings, as long as the detention is not based solely on a civil immigration detainer. Provides that nothing shall be construed as restricting or limiting the transfer of a person lawfully in the custody of a unit of the State, a unit of local government, a law enforcement agency, or other State or local government agency, to federal officials, including immigration agents, provided the person is not otherwise eligible for release from custody, and the detention is not prolonged by that unit of the State, unit of local government, law enforcement agency, or other State or local government agency.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4136 Detail]

Download: Illinois-2017-HB4136-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4136 Introduced , by Rep. Lindsay Parkhurst - Steven Reick SYNOPSIS AS INTRODUCED:
5 ILCS 805/15
Amends the Illinois TRUST Act. Provides that nothing shall be construed as restricting an expenditure or activity necessary to perform by the State, a unit of local government, or law enforcement agency, or other State or unit of local government agency, official, employee, or agent of any obligations under any contract between the State, the unit of local government, law enforcement agency, or other State or local government agency and federal officials regarding the use of a facility to detain persons in federal immigration removal proceedings, as long as the detention is not based solely on a civil immigration detainer. Provides that nothing shall be construed as restricting or limiting the transfer of a person lawfully in the custody of a unit of the State, a unit of local government, a law enforcement agency, or other State or local government agency, to federal officials, including immigration agents, provided the person is not otherwise eligible for release from custody, and the detention is not prolonged by that unit of the State, unit of local government, law enforcement agency, or other State or local government agency.
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A BILL FOR
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AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois TRUST Act is amended by changing
Section 15 as follows:
(5 ILCS 805/15)
Sec. 15. Prohibition on enforcing federal civil
immigration laws.
(a) A law enforcement agency or law enforcement official
shall not detain or continue to detain any individual solely on
the basis of any immigration detainer or non-judicial
immigration warrant or otherwise comply with an immigration
detainer or non-judicial immigration warrant.
(b) A law enforcement agency or law enforcement official
shall not stop, arrest, search, detain, or continue to detain a
person solely based on an individual's citizenship or
immigration status.
(c) This Section 15 does not apply if a law enforcement
agency or law enforcement official is presented with a valid,
enforceable federal warrant. Nothing in this Section 15
prohibits communication between federal agencies or officials
and law enforcement agencies or officials.
(d) A law enforcement agency or law enforcement official

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acting in good faith in compliance with this Section who
releases a person subject to an immigration detainer or
non-judicial immigration warrant shall have immunity from any
civil or criminal liability that might otherwise occur as a
result of making the release, with the exception of willful or
wanton misconduct.
(e) Nothing in this Section shall be construed as
restricting an expenditure or activity necessary to perform by
the State, a unit of local government, or law enforcement
agency, or other State or unit of local government agency,
official, employee, or agent of any obligations under any
contract between the State, the unit of local government, law
enforcement agency, or other State or local government agency
and federal officials regarding the use of a facility to detain
persons in federal immigration removal proceedings, as long as
the detention is not based solely on a civil immigration
detainer.
(f) Nothing in this Section shall be construed as
restricting or limiting the transfer of a person lawfully in
the custody of a unit of the State, a unit of local government,
a law enforcement agency, or other State or local government
agency, to federal officials, including immigration agents,
provided the person is not otherwise eligible for release from
custody, and the detention is not prolonged by that unit of the
State, unit of local government, law enforcement agency, or
other State or local government agency.

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(Source: P.A. 100-463, eff. 8-28-17.)