100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2942

 

Introduced , by Rep. Allen Skillicorn

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Code of Criminal Procedure of 1963. Provides that a peace officer may not stop a motor vehicle or conduct a search of a business or residence solely to enforce a federal law relating to immigrants or immigration, including the federal Immigration and Nationality Act, unless the officer is acting: (1) at the request of, and providing assistance to, an appropriate federal law enforcement officer; or (2) under the terms of an agreement between the law enforcement agency employing the officer and the federal government under which the agency receives delegated authority to enforce federal law relating to immigrants or immigration. Provides that a peace officer may arrest an undocumented person only if the officer is acting under the authority granted under the Code. Establishes procedures that a law enforcement agency must follow related to arrestees subject to immigration detainers. Provides that any person may file a complaint with the Attorney General if the person offers evidence to support an allegation that a unit of local government has adopted, enforced, or endorsed a policy under which the unit of local government prohibits or discourages the enforcement of immigration laws or that the unit of local government, by consistent actions, prohibits or discourages the enforcement of those laws. Provides for equitable relief. Preempts home rule. Amends the State Comptroller Act. Provides that a unit of local government may not receive State grant funds if the unit of local government adopts, enforces, or endorses a policy under which the unit of local government prohibits or discourages the enforcement of immigration laws or, by consistent actions, prohibits or discourages the enforcement of immigration laws.


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FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Comptroller Act is amended by adding
5Section 9.07 as follows:
 
6    (15 ILCS 405/9.07 new)
7    Sec. 9.07. Denial of State grant funds.
8    (a) A unit of local government as defined in Section 107B-1
9of the Code of Criminal Procedure of 1963 may not receive State
10grant funds if the unit of local government adopts, enforces,
11or endorses a policy under which the unit of local government
12prohibits or discourages the enforcement of immigration laws
13or, by consistent actions, prohibits or discourages the
14enforcement of immigration laws.
15    (b) State grant funds for a unit of local government shall
16be denied for the State fiscal year following the year in which
17a final judicial determination in an action brought under
18Section 107B-40 of the Code of Criminal Procedure of 1963 is
19made that the unit of local government has intentionally
20prohibited or discouraged the enforcement of immigration laws.
21    (c) The Comptroller shall adopt rules to implement this
22Section uniformly among the State agencies from which State
23grant funds are distributed to a unit of local government.

 

 

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1    (d) A unit of local government that has not violated
2Section 107B-30 of the Code of Criminal Procedure of 1963 may
3not be denied State grant funds, regardless of whether the unit
4of local government is a part of another unit of local
5government that is in violation of that Section.
 
6    Section 10. The Code of Criminal Procedure of 1963 is
7amended by adding Article 107B as follows:
 
8    (725 ILCS 5/Art. Art. 107B heading new)
9
ARTICLE Art. 107B. ENFORCEMENT OF FEDERAL IMMIGRATION LAW

 
10    (725 ILCS 5/107B-1 new)
11    Sec. 107B-1. Definitions. In this Article:
12    "Immigration detainer" means a United States Department of
13Homeland Security Form I-247 or a similar or successor form
14that requests a unit of local government to maintain temporary
15custody of an alien for the federal government.
16    "Immigration laws" means the laws of this State or federal
17law relating to immigrants or immigration, including the
18federal Immigration and Nationality Act (8 U.S.C. Section 1101
19et seq.).
20    "Lawful detention" means the detention of a person by a
21unit of local government for the investigation of a criminal
22offense. The term excludes a detention if the sole reason for
23the detention is that the person:

 

 

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1        (1) is a victim of or witness to a criminal offense; or
2        (2) is reporting a criminal offense.
3    "Policy" includes a formal, written rule, order,
4ordinance, or policy and an informal, unwritten policy.
5    "Unit of local government" has the meaning ascribed to the
6term in Section 1 of Article VII of the Illinois Constitution
7and includes a home rule unit.
 
8    (725 ILCS 5/107B-5 new)
9    Sec. 107B-5. Enforcement of federal immigration law.
10    (a) A peace officer may not stop a motor vehicle or conduct
11a search of a business or residence solely to enforce a federal
12law relating to immigrants or immigration, including the
13federal Immigration and Nationality Act (8 U.S.C. Section 1101
14et seq.), unless the officer is acting:
15        (1) at the request of, and providing assistance to, an
16    appropriate federal law enforcement officer; or
17        (2) under the terms of an agreement between the law
18    enforcement agency employing the officer and the federal
19    government under which the agency receives delegated
20    authority to enforce federal law relating to immigrants or
21    immigration.
22    (b) A peace officer may arrest an undocumented person only
23if the officer is acting under the authority granted under
24Section 107-2 of this Code.
 

 

 

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1    (725 ILCS 5/107B-10 new)
2    Sec. 107B-10. Duties related to certain arrested persons.
3    (a) If a person is arrested and is unable to provide proof
4of the person's lawful presence in the United States, not later
5than 48 hours after the person is arrested and before the
6person is released on bond, a law enforcement agency performing
7the booking process shall:
8        (1) review any information available from the federal
9    Priority Enforcement Program operated by United States
10    Immigration and Customs Enforcement or a successor
11    program; and
12        (2) if information obtained under paragraph (1)
13    reveals that the person is not a citizen or national of the
14    United States and is unlawfully present in the United
15    States according to the terms of the federal Immigration
16    and Nationality Act (8 U.S.C. Section 1101 et seq.):
17            (A) provide notice of that fact to the judge
18        authorized to grant or deny the person's release on
19        bail under Article 110 of this Code; and
20            (B) record that fact in the person's case file.
21    (b) A law enforcement agency is not required to perform a
22duty imposed by subsection (a) of this Section with respect to
23a person who is transferred to the custody of the agency by
24another law enforcement agency if the transferring agency
25performed that duty before transferring custody of the person.
26    (c) A judge who receives notice of a person's immigration

 

 

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1status under this Article shall record that status in the court
2record.
 
3    (725 ILCS 5/107B-15 new)
4    Sec. 107B-15. Duties related to immigration detainer.
5    (a) A law enforcement agency that has custody of a person
6subject to an immigration detainer issued by United States
7Immigration and Customs Enforcement shall:
8        (1) provide to the judge authorized to grant or deny
9    the person's release on bail under Article 110 of this Code
10    notice that the person is subject to an immigration
11    detainer;
12        (2) record in the person's case file that the person is
13    subject to an immigration detainer; and
14        (3) comply with, honor, and fulfill the requests made
15    in the detainer.
16    (b) A law enforcement agency is not required to perform a
17duty imposed by paragraph (a)(1) or (2) with respect to a
18person who is transferred to the custody of the agency by
19another law enforcement agency if the transferring agency
20performed that duty before transferring custody of the person.
21    (c) A judge who receives notice that a person is subject to
22a detainer under this Article shall record that fact in the
23court record, regardless of whether the notice is received
24before or after a judgment in the case.
 

 

 

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1    (725 ILCS 5/107B-20 new)
2    Sec. 107B-20. Release to federal custody.
3    (a) This Article applies only to a criminal case in which:
4        (1) the judgment requires the defendant to be confined
5    in a secure correctional facility; and
6        (2) the judge:
7            (A) indicates in the record under this Article that
8        the defendant is subject to an immigration detainer; or
9            (B) otherwise indicates in the record that the
10        defendant is subject to a transfer into federal
11        custody.
12    (b) In a criminal case described in subsection (a) of this
13Section, the judge shall, at the time of pronouncement of a
14sentence of confinement, issue an order requiring the secure
15correctional facility in which the defendant is to be confined
16to reduce the defendant's sentence by a period of not more than
177 days on the facility's determination that the reduction in
18sentence will facilitate the seamless transfer of the defendant
19into federal custody. For purposes of this subsection (b),
20"secure correctional facility" means a municipal or county
21jail; or a facility operated by or under a contract with the
22Department of Corrections.
23    (c) If the applicable information described in
24subparagraph (a)(2)(A) or (B) is not available at the time
25sentence is pronounced in the case, the judge shall issue the
26order described in subsection (b) of this Section as soon as

 

 

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1the information becomes available.
 
2    (725 ILCS 5/107B-25 new)
3    Sec. 107B-25. Applicability of Article.
4    (a) This Article does not apply to:
5        (1) a school district or open-enrollment charter
6    school;
7        (2) the release of information contained in education
8    records of an educational agency or institution, except in
9    conformity with the Family Educational Rights and Privacy
10    Act of 1974 (20 U.S.C. Section 1232g).
11     (b) This Article does not apply to a hospital or hospital
12district created under the Hospital District Law to the extent
13that the hospital or hospital district is providing access to
14or delivering medical or health care services as required under
15the following applicable federal or State laws:
16        (1) 42 U.S.C. Section 1395dd;
17        (2) 42 U.S.C. Section 1396b(v);
18        (3) the Community Benefits Act;
19        (4) Section 6.08 of the Hospital Licensing Act;
20        (5) Section 2-114 of the MC/DD Act;
21        (6) Section 2-114 of the Nursing Home Care Act;
22        (7) Section 2-114 of the ID/DD Community Care Act; or
23        (8) Section 3-114 of the Specialized Mental Health
24    Rehabilitation Act of 2013.
25    (c) Subsection (b) of this Section does not exclude the

 

 

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1application of this Article to a sworn peace officer employed
2by a hospital or hospital district subject to subsection (b) of
3this Section.
 
4    (725 ILCS 5/107B-30 new)
5    Sec. 107B-30. Unit of local government policy regarding
6immigration enforcement.
7    (a) A unit of local government may not adopt, enforce, or
8endorse a policy under which the unit of local government
9prohibits or discourages the enforcement of immigration laws.
10    (b) In compliance with subsection (a) of this Section, a
11unit of local government may not prohibit or discourage a
12person who is a sworn peace officer, a corrections officer, a
13booking clerk, a judge, or a State's Attorney, or other
14prosecuting attorney and who is employed by or otherwise under
15the direction or control of the unit of local government from
16doing any of the following:
17        (1) inquiring into the immigration status of a person
18    under a lawful detention or under arrest;
19        (2) with respect to information relating to the
20    immigration status, lawful or unlawful, of any person under
21    a lawful detention or under arrest:
22            (A) sending the information to or requesting or
23        receiving the information from United States
24        Citizenship and Immigration Services or United States
25        Immigration and Customs Enforcement, including

 

 

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1        information regarding a person's place of birth;
2            (B) maintaining the information; or
3            (C) exchanging the information with another unit
4        of local government or a federal or State governmental
5        unit;
6            (3) assisting or cooperating with a federal
7        immigration officer as reasonable or necessary,
8        including providing enforcement assistance; or
9            (4) permitting a federal immigration officer to
10        enter and conduct enforcement activities at a
11        municipal or county jail to enforce federal
12        immigration laws.
 
13    (725 ILCS 5/107B-35 new)
14    Sec. 107B-35. Discrimination prohibited. A unit of local
15government or a person employed by or otherwise under the
16direction or control of the unit of local government may not
17consider race, color, language, or national origin while
18enforcing immigration laws except to the extent permitted by
19the United States Constitution or the Illinois Constitution.
 
20    (725 ILCS 5/107B-40 new)
21    Sec. 107B-40. Complaint; equitable relief.
22    (a) Any person, including the federal government, may file
23a complaint with the Attorney General if the person offers
24evidence to support an allegation that a unit of local

 

 

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1government has adopted, enforced, or endorsed a policy under
2which the unit of local government prohibits or discourages the
3enforcement of immigration laws or that the unit of local
4government, by consistent actions, prohibits or discourages
5the enforcement of those laws. The person must include with the
6complaint the evidence the person has that supports the
7complaint.
8    (b) A unit of local government for which the Attorney
9General has received a complaint under subsection (a) of this
10Section shall comply with a document request, including a
11request for supporting documents, from the Attorney General
12related to the complaint.
13    (c) If the Attorney General determines that a complaint
14filed under subsection (a) of this Section against a unit of
15local government is valid, the Attorney General shall, not
16later than 10 days after the date of the determination, provide
17written notification to the unit of local government that:
18        (1) the complaint has been filed;
19        (2) the Attorney General has determined that the
20    complaint is valid;
21        (3) the Attorney General may file an action to enjoin
22    the violation if the unit of local government does not come
23    into compliance with the requirements of Section 107B-30 of
24    this Code on or before 90 days after the date the
25    notification is provided; and
26        (4) the unit of local government shall be denied State

 

 

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1    grant funds for the State fiscal year following the year in
2    which a final judicial determination in an action brought
3    under subsection (e) of this Section is made.
4    (d) Not later than the 30th day after the day a unit of
5local government receives written notification under
6subsection (c) of this Section, the unit of local government
7shall provide the Attorney General with a copy of:
8        (1) the unit of local government's written policies
9    related to immigration enforcement actions;
10        (2) each immigration detainer received by the unit of
11    local government from the United States Department of
12    Homeland Security; and
13        (3) each response sent by the unit of local government
14    for a detainer described in paragraph (2) of this
15    subsection (d).
16    (e) If the Attorney General determines that a complaint
17filed under subsection (a) of this Section against a unit of
18local government is valid, the Attorney General may file a
19petition for a writ of mandamus or apply for other appropriate
20equitable relief in a circuit court in a county in which the
21principal office of the unit of local government is located to
22compel the unit of local government that adopts, enforces, or
23endorses a policy under which the unit of local government
24prohibits or discourages the enforcement of immigration laws or
25that, by consistent actions, prohibits or discourages the
26enforcement of those laws to comply with Section 107B-30 of

 

 

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1this Code. The Attorney General may recover reasonable expenses
2incurred in obtaining relief under this subsection, including
3court costs, reasonable attorney's fees, investigative costs,
4witness fees, and deposition costs.
5    (f) An appeal of a suit brought under subsection (e) of
6this Section is governed by Illinois Supreme Court Rule 311(b)
7for discretionary acceleration of appeals. The Appellate Court
8shall render its final order or judgment with the least
9possible delay.
 
10    (725 ILCS 5/107B-45 new)
11    Sec. 107B-45. Home rule. The adoption, enforcement, or
12endorsement of a policy under which a unit of local government
13enforces immigration laws, is an exclusive power and function
14of the State. A home rule unit may not regulate enforcement of
15immigration laws in a manner inconsistent with this Article and
16any ordinance or local law contrary to this Article is declared
17void. This is a denial and limitation of home rule powers and
18functions under subsection (h) of Section 6 of Article VII of
19the Illinois Constitution.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    15 ILCS 405/9.07 new
4    725 ILCS 5/Art. Art. 107B
5    heading new
6    725 ILCS 5/107B-1 new
7    725 ILCS 5/107B-5 new
8    725 ILCS 5/107B-10 new
9    725 ILCS 5/107B-15 new
10    725 ILCS 5/107B-20 new
11    725 ILCS 5/107B-25 new
12    725 ILCS 5/107B-30 new
13    725 ILCS 5/107B-35 new
14    725 ILCS 5/107B-40 new
15    725 ILCS 5/107B-45 new