Bill Text: IL SB0031 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the State Records Act. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 43-0)

Status: (Enrolled) 2017-05-31 - Passed Both Houses [SB0031 Detail]

Download: Illinois-2017-SB0031-Enrolled.html



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1 AN ACT concerning government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5Illinois TRUST Act.
6 Section 5. Legislative Purpose. Recognizing that State law
7does not currently grant State or local law enforcement the
8authority to enforce federal civil immigration laws, it is the
9intent of the General Assembly that nothing in this Act shall
10be construed to authorize any law enforcement agency or law
11enforcement official to enforce federal civil immigration law.
12This Act shall not be construed to prohibit or restrict any
13entity from sending to, or receiving from, the United States
14Department of Homeland Security or other federal, State, or
15local government entity information regarding the citizenship
16or immigration status of any individual under Sections 1373 and
171644 of Title 8 of the United States Code. Further, nothing in
18this Act shall prevent a law enforcement officer from
19contacting another law enforcement agency for the purposes of
20clarifying or confirming the nature and status of possible
21offenses in a record provided by the National Crime Information
22Center, or detaining someone based on a notification in the Law
23Enforcement Agencies Data Administrative System unless it is

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1clear that request is based on a non-judicial immigration
2warrant.
3 Section 10. Definitions. In this Act:
4 "Immigration detainer" means a document issued by an
5immigration agent that is not approved or ordered by a judge
6and requests a law enforcement agency or law enforcement
7official to provide notice of release or maintain custody of a
8person, including a detainer issued under Section 1226 or 1357
9of Title 8 of the United States Code or Section 236.1 or 287.7
10of Title 8 of the Code of Federal Regulations.
11 "Law enforcement agency" means an agency of the State or of
12a unit of local government charged with enforcement of State,
13county, or municipal laws or with managing custody of detained
14persons in the State.
15 "Law enforcement official" means any individual with the
16power to arrest or detain individuals, including law
17enforcement officers, county corrections officer, and others
18employed or designated by a law enforcement agency.
19 "Non-judicial immigration warrant" means a Form I-200 or
20I-205 administrative warrant or any other immigration warrant
21or request that is not approved or ordered by a judge,
22including administrative warrants entered into the Federal
23Bureau of Investigation's National Crime Information Center
24database.

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1 Section 15. Prohibition on enforcing federal civil
2immigration laws.
3 (a) A law enforcement agency or law enforcement official
4shall not detain or continue to detain any individual solely on
5the basis of any immigration detainer or non-judicial
6immigration warrant or otherwise comply with an immigration
7detainer or non-judicial immigration warrant.
8 (b) A law enforcement agency or law enforcement official
9shall not stop, arrest, search, detain, or continue to detain a
10person solely based on an individual's citizenship or
11immigration status.
12 (c) This Section 15 does not apply if a law enforcement
13agency or law enforcement official is presented with a valid,
14enforceable federal warrant. Nothing in this Section 15
15prohibits communication between federal agencies or officials
16and law enforcement agencies or officials.
17 (d) A law enforcement agency or law enforcement official
18acting in good faith in compliance with this Section who
19releases a person subject to an immigration detainer or
20non-judicial immigration warrant shall have immunity from any
21civil or criminal liability that might otherwise occur as a
22result of making the release, with the exception of willful or
23wanton misconduct.
24 Section 20. Law enforcement training. By January 1, 2018,
25every law enforcement agency shall provide guidance to its law

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1enforcement officials on compliance with Section 15 of this
2Act.
3 Section 99. Effective date. This Act takes effect upon
4becoming law.
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