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Public Act 100-0463


 

Public Act 0463 100TH GENERAL ASSEMBLY



 


 
Public Act 100-0463
 
SB0031 EnrolledLRB100 04996 RJF 15006 b

    AN ACT concerning government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Illinois TRUST Act.
 
    Section 5. Legislative Purpose. Recognizing that State law
does not currently grant State or local law enforcement the
authority to enforce federal civil immigration laws, it is the
intent of the General Assembly that nothing in this Act shall
be construed to authorize any law enforcement agency or law
enforcement official to enforce federal civil immigration law.
This Act shall not be construed to prohibit or restrict any
entity from sending to, or receiving from, the United States
Department of Homeland Security or other federal, State, or
local government entity information regarding the citizenship
or immigration status of any individual under Sections 1373 and
1644 of Title 8 of the United States Code. Further, nothing in
this Act shall prevent a law enforcement officer from
contacting another law enforcement agency for the purposes of
clarifying or confirming the nature and status of possible
offenses in a record provided by the National Crime Information
Center, or detaining someone based on a notification in the Law
Enforcement Agencies Data Administrative System unless it is
clear that request is based on a non-judicial immigration
warrant.
 
    Section 10. Definitions. In this Act:
    "Immigration detainer" means a document issued by an
immigration agent that is not approved or ordered by a judge
and requests a law enforcement agency or law enforcement
official to provide notice of release or maintain custody of a
person, including a detainer issued under Section 1226 or 1357
of Title 8 of the United States Code or Section 236.1 or 287.7
of Title 8 of the Code of Federal Regulations.
    "Law enforcement agency" means an agency of the State or of
a unit of local government charged with enforcement of State,
county, or municipal laws or with managing custody of detained
persons in the State.
    "Law enforcement official" means any individual with the
power to arrest or detain individuals, including law
enforcement officers, county corrections officer, and others
employed or designated by a law enforcement agency.
    "Non-judicial immigration warrant" means a Form I-200 or
I-205 administrative warrant or any other immigration warrant
or request that is not approved or ordered by a judge,
including administrative warrants entered into the Federal
Bureau of Investigation's National Crime Information Center
database.
 
    Section 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
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.
 
    Section 20. Law enforcement training. By January 1, 2018,
every law enforcement agency shall provide guidance to its law
enforcement officials on compliance with Section 15 of this
Act.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 08/28/2017