Bill Text: OR HB2803 | 2011 | Regular Session | Introduced

Oregon House Bill 2803 (Prior Session Legislation)

Introduced

Bill Title: Relating to immigration.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2803 Detail]

Download: Oregon-2011-HB2803-Introduced.html



     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1371

                         House Bill 2803

Sponsored by Representative THATCHER (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Requires county to verify immigration status of person
incarcerated in county correctional facility.
  Authorizes law enforcement agency to enforce federal
immigration law pursuant to agreement with federal government.

                        A BILL FOR AN ACT
Relating to immigration; creating new provisions; and amending
  ORS 181.850 and 423.497.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 423.497 is amended to read:
  423.497. (1) During the intake process, each county shall
conduct a national criminal history check on every person
incarcerated in the county correctional facility. { +  The
national criminal history check must include verification of the
person's immigration status through the Law Enforcement Support
Center of the United States Department of Homeland Security. + }
  (2) The county shall develop policies and procedures to ensure
that the results of the national criminal history check are
received before an inmate is released.
  (3) The state shall reimburse each county for the costs of
conducting the national criminal history checks.
  SECTION 2. ORS 181.850 is amended to read:
  181.850. (1)   { - No - }  { +  A + } law enforcement agency of
the State of Oregon or of any political subdivision of the state
 { - shall - }  { +  may:
  (a) Enter into a written agreement with the Attorney General of
the United States under 8 U.S.C. 1357(g) that authorizes the
officers or employees of the agency to perform the functions of
an immigration officer;
  (b) Enter into a cooperative agreement with the federal
government under 8 U.S.C. 1103(c) for the purpose of assisting in
the enforcement of immigration laws; and
  (c) Pursuant to the written or cooperative agreements described
in this subsection, + } use agency moneys, equipment or personnel
for the purpose of detecting or apprehending persons
  { - whose only violation of law is that they are persons - }
of foreign citizenship present in the United States in violation
of federal immigration laws.
  (2)   { - Notwithstanding subsection (1) of this section, - }
A law enforcement agency may exchange information with the United
States Bureau of Immigration and Customs Enforcement, the United
States Bureau of Citizenship and Immigration Services and the
United States Bureau of Customs and Border Protection in order
to:
  (a) Verify the immigration status of a person if the person is
arrested for any criminal offense; or
  (b) Request criminal investigation information with reference
to persons named in records of the United States Bureau of
Immigration and Customs Enforcement, the United States Bureau of
Citizenship and Immigration Services or the United States Bureau
of Customs and Border Protection.
  (3)   { - Notwithstanding subsection (1) of this section, - }
A law enforcement agency may arrest any person who:
  (a) Is charged by the United States with a criminal violation
of federal immigration laws under Title II of the Immigration and
Nationality Act or 18 U.S.C. 1015, 1422 to 1429 or 1505; and
  (b) Is subject to arrest for the crime pursuant to a warrant of
arrest issued by a federal magistrate.
    { - (4) For purposes of subsection (1) of this section, the
Bureau of Labor and Industries is not a law enforcement
agency. - }
    { - (5) - }  { +  (4) + } As used in this section, 'warrant
of arrest' has the meaning given that term in ORS 131.005.
  SECTION 3.  { + The amendments to ORS 423.497 by section 1 of
this 2011 Act apply to persons incarcerated on or after the
effective date of this 2011 Act. + }
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