California 2017-2018 Regular Session

California Assembly Bill AB493 Compare Versions

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Version 2 (New)

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1		-	Assembly Bill No. ~~493 CHAPTER 194~~ An act to add Section 679.015 to the Penal Code, relating to crime. ~~[ Approved by Governor September 01, 2017. Filed with Secretary of State September 01, 2017. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 493, Jones-Sawyer. Crime: victims and witnesses: immigration violations.Existing law prohibits a peace officer from detaining an individual exclusively for any actual or suspected immigration violation or reporting or turning the individual over to federal immigration authorities whenever an individual who is a victim of or witness to a hate crime, as defined, or who otherwise can give evidence in a hate crime investigation, is not charged with or convicted of committing any crime under state law.This bill would enact a prohibition similar to the one described above that would be applicable whenever an individual is a victim of or witness to a crime, or otherwise can give evidence in a criminal investigation, without regard to whether the crime is a hate crime.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 679.015 is added to the Penal Code, immediately following Section 679.01, to read:679.015. (a) It is the public policy of this state to protect the public from crime and violence by encouraging all persons who are victims of or witnesses to crimes, or who otherwise can give evidence in a criminal investigation, to cooperate with the criminal justice system and not to penalize these persons for being victims or for cooperating with the criminal justice system.(b) Whenever an individual who is a victim of or witness to a crime, or who otherwise can give evidence in a criminal investigation, is not charged with or convicted of committing any crime under state law, a peace officer may not detain the individual exclusively for any actual or suspected immigration violation or turn the individual over to federal immigration authorities absent a judicial warrant.
	1	+	Enrolled August 22, 2017 Passed IN Senate July 10, 2017 Passed IN Assembly August 21, 2017 Amended IN Senate June 19, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 493Introduced by Assembly Member Jones-SawyerFebruary 13, 2017 An act to add Section 679.015 to the Penal Code, relating to crime. LEGISLATIVE COUNSEL'S DIGESTAB 493, Jones-Sawyer. Crime: victims and witnesses: immigration violations.Existing law prohibits a peace officer from detaining an individual exclusively for any actual or suspected immigration violation or reporting or turning the individual over to federal immigration authorities whenever an individual who is a victim of or witness to a hate crime, as defined, or who otherwise can give evidence in a hate crime investigation, is not charged with or convicted of committing any crime under state law.This bill would enact a prohibition similar to the one described above that would be applicable whenever an individual is a victim of or witness to a crime, or otherwise can give evidence in a criminal investigation, without regard to whether the crime is a hate crime.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 679.015 is added to the Penal Code, immediately following Section 679.01, to read:679.015. (a) It is the public policy of this state to protect the public from crime and violence by encouraging all persons who are victims of or witnesses to crimes, or who otherwise can give evidence in a criminal investigation, to cooperate with the criminal justice system and not to penalize these persons for being victims or for cooperating with the criminal justice system.(b) Whenever an individual who is a victim of or witness to a crime, or who otherwise can give evidence in a criminal investigation, is not charged with or convicted of committing any crime under state law, a peace officer may not detain the individual exclusively for any actual or suspected immigration violation or turn the individual over to federal immigration authorities absent a judicial warrant.
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3		-	Assembly Bill No. 493 CHAPTER 194 An act to add Section 679.015 to the Penal Code, relating to crime. [ Approved by Governor September 01, 2017. Filed with Secretary of State September 01, 2017. ] LEGISLATIVE COUNSEL'S DIGESTAB 493, Jones-Sawyer. Crime: victims and witnesses: immigration violations.Existing law prohibits a peace officer from detaining an individual exclusively for any actual or suspected immigration violation or reporting or turning the individual over to federal immigration authorities whenever an individual who is a victim of or witness to a hate crime, as defined, or who otherwise can give evidence in a hate crime investigation, is not charged with or convicted of committing any crime under state law.This bill would enact a prohibition similar to the one described above that would be applicable whenever an individual is a victim of or witness to a crime, or otherwise can give evidence in a criminal investigation, without regard to whether the crime is a hate crime.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
	3	+	Enrolled August 22, 2017 Passed IN Senate July 10, 2017 Passed IN Assembly August 21, 2017 Amended IN Senate June 19, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 493Introduced by Assembly Member Jones-SawyerFebruary 13, 2017 An act to add Section 679.015 to the Penal Code, relating to crime. LEGISLATIVE COUNSEL'S DIGESTAB 493, Jones-Sawyer. Crime: victims and witnesses: immigration violations.Existing law prohibits a peace officer from detaining an individual exclusively for any actual or suspected immigration violation or reporting or turning the individual over to federal immigration authorities whenever an individual who is a victim of or witness to a hate crime, as defined, or who otherwise can give evidence in a hate crime investigation, is not charged with or convicted of committing any crime under state law.This bill would enact a prohibition similar to the one described above that would be applicable whenever an individual is a victim of or witness to a crime, or otherwise can give evidence in a criminal investigation, without regard to whether the crime is a hate crime.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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	5	+	Enrolled August 22, 2017 Passed IN Senate July 10, 2017 Passed IN Assembly August 21, 2017 Amended IN Senate June 19, 2017
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	7	+	Enrolled August 22, 2017
	8	+	Passed IN Senate July 10, 2017
	9	+	Passed IN Assembly August 21, 2017
	10	+	Amended IN Senate June 19, 2017
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	12	+	CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
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5	14		Assembly Bill No. 493
6		-	CHAPTER 194
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	16	+	Introduced by Assembly Member Jones-SawyerFebruary 13, 2017
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	18	+	Introduced by Assembly Member Jones-Sawyer
	19	+	February 13, 2017
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8	21		An act to add Section 679.015 to the Penal Code, relating to crime.
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10		-	[ Approved by Governor September 01, 2017. Filed with Secretary of State September 01, 2017. ]
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12	23		LEGISLATIVE COUNSEL'S DIGEST
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14	25		## LEGISLATIVE COUNSEL'S DIGEST
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16	27		AB 493, Jones-Sawyer. Crime: victims and witnesses: immigration violations.
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18	29		Existing law prohibits a peace officer from detaining an individual exclusively for any actual or suspected immigration violation or reporting or turning the individual over to federal immigration authorities whenever an individual who is a victim of or witness to a hate crime, as defined, or who otherwise can give evidence in a hate crime investigation, is not charged with or convicted of committing any crime under state law.This bill would enact a prohibition similar to the one described above that would be applicable whenever an individual is a victim of or witness to a crime, or otherwise can give evidence in a criminal investigation, without regard to whether the crime is a hate crime.
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20	31		Existing law prohibits a peace officer from detaining an individual exclusively for any actual or suspected immigration violation or reporting or turning the individual over to federal immigration authorities whenever an individual who is a victim of or witness to a hate crime, as defined, or who otherwise can give evidence in a hate crime investigation, is not charged with or convicted of committing any crime under state law.
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22	33		This bill would enact a prohibition similar to the one described above that would be applicable whenever an individual is a victim of or witness to a crime, or otherwise can give evidence in a criminal investigation, without regard to whether the crime is a hate crime.
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24	35		## Digest Key
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26	37		## Bill Text
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28	39		The people of the State of California do enact as follows:SECTION 1. Section 679.015 is added to the Penal Code, immediately following Section 679.01, to read:679.015. (a) It is the public policy of this state to protect the public from crime and violence by encouraging all persons who are victims of or witnesses to crimes, or who otherwise can give evidence in a criminal investigation, to cooperate with the criminal justice system and not to penalize these persons for being victims or for cooperating with the criminal justice system.(b) Whenever an individual who is a victim of or witness to a crime, or who otherwise can give evidence in a criminal investigation, is not charged with or convicted of committing any crime under state law, a peace officer may not detain the individual exclusively for any actual or suspected immigration violation or turn the individual over to federal immigration authorities absent a judicial warrant.
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30	41		The people of the State of California do enact as follows:
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32	43		## The people of the State of California do enact as follows:
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34	45		SECTION 1. Section 679.015 is added to the Penal Code, immediately following Section 679.01, to read:679.015. (a) It is the public policy of this state to protect the public from crime and violence by encouraging all persons who are victims of or witnesses to crimes, or who otherwise can give evidence in a criminal investigation, to cooperate with the criminal justice system and not to penalize these persons for being victims or for cooperating with the criminal justice system.(b) Whenever an individual who is a victim of or witness to a crime, or who otherwise can give evidence in a criminal investigation, is not charged with or convicted of committing any crime under state law, a peace officer may not detain the individual exclusively for any actual or suspected immigration violation or turn the individual over to federal immigration authorities absent a judicial warrant.
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36	47		SECTION 1. Section 679.015 is added to the Penal Code, immediately following Section 679.01, to read:
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38	49		### SECTION 1.
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40	51		679.015. (a) It is the public policy of this state to protect the public from crime and violence by encouraging all persons who are victims of or witnesses to crimes, or who otherwise can give evidence in a criminal investigation, to cooperate with the criminal justice system and not to penalize these persons for being victims or for cooperating with the criminal justice system.(b) Whenever an individual who is a victim of or witness to a crime, or who otherwise can give evidence in a criminal investigation, is not charged with or convicted of committing any crime under state law, a peace officer may not detain the individual exclusively for any actual or suspected immigration violation or turn the individual over to federal immigration authorities absent a judicial warrant.
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42	53		679.015. (a) It is the public policy of this state to protect the public from crime and violence by encouraging all persons who are victims of or witnesses to crimes, or who otherwise can give evidence in a criminal investigation, to cooperate with the criminal justice system and not to penalize these persons for being victims or for cooperating with the criminal justice system.(b) Whenever an individual who is a victim of or witness to a crime, or who otherwise can give evidence in a criminal investigation, is not charged with or convicted of committing any crime under state law, a peace officer may not detain the individual exclusively for any actual or suspected immigration violation or turn the individual over to federal immigration authorities absent a judicial warrant.
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44	55		679.015. (a) It is the public policy of this state to protect the public from crime and violence by encouraging all persons who are victims of or witnesses to crimes, or who otherwise can give evidence in a criminal investigation, to cooperate with the criminal justice system and not to penalize these persons for being victims or for cooperating with the criminal justice system.(b) Whenever an individual who is a victim of or witness to a crime, or who otherwise can give evidence in a criminal investigation, is not charged with or convicted of committing any crime under state law, a peace officer may not detain the individual exclusively for any actual or suspected immigration violation or turn the individual over to federal immigration authorities absent a judicial warrant.
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48	59		679.015. (a) It is the public policy of this state to protect the public from crime and violence by encouraging all persons who are victims of or witnesses to crimes, or who otherwise can give evidence in a criminal investigation, to cooperate with the criminal justice system and not to penalize these persons for being victims or for cooperating with the criminal justice system.
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50	61		(b) Whenever an individual who is a victim of or witness to a crime, or who otherwise can give evidence in a criminal investigation, is not charged with or convicted of committing any crime under state law, a peace officer may not detain the individual exclusively for any actual or suspected immigration violation or turn the individual over to federal immigration authorities absent a judicial warrant.