| 1 | 1 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3093Introduced by Assembly Member FongFebruary 21, 2020 An act to amend Section 7284.4 of the Government Code, relating to immigration. LEGISLATIVE COUNSEL'S DIGESTAB 3093, as introduced, Fong. Immigration enforcement.The California Values Act prohibits California law enforcement agencies from, among other acts, using agency moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes, and sets forth various definitions that apply to the act.This bill would make nonsubstantive changes to the acts definition provision.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 7284.4 of the Government Code is amended to read:7284.4. For purposes of this chapter, the following terms have the following meanings: apply:(a) California law enforcement agency means a state or local law enforcement agency, including school police or security departments. California law enforcement agency does not include the Department of Corrections and Rehabilitation.(b) Civil immigration warrant means any warrant for a violation of federal civil immigration law, and includes civil immigration warrants entered in the National Crime Information Center database.(c) Immigration authority means any federal, state, or local officer, employee, or person performing immigration enforcement functions.(d) Health facility includes health facilities as defined in Section 1250 of the Health and Safety Code, clinics as defined in Sections 1200 and 1200.1 of the Health and Safety Code, and substance abuse treatment facilities.(e) Hold request, notification request, transfer request, and local law enforcement agency have the same meaning as provided in Section 7283. Hold, notification, and transfer requests include requests issued by United States Immigration and Customs Enforcement or United States Customs and Border Protection as well as any other immigration authorities.(f) Immigration enforcement includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a persons presence in, entry, or reentry to, or employment in, the United States.(g) Joint law enforcement task force means at least one California law enforcement agency collaborating, engaging, or partnering with at least one federal law enforcement agency in investigating federal or state crimes.(h) Judicial probable cause determination means a determination made by a federal judge or federal magistrate judge that probable cause exists that an individual has violated federal criminal immigration law and that authorizes a law enforcement officer to arrest and take into custody the individual.(i) Judicial warrant means a warrant based on probable cause for a violation of federal criminal immigration law and issued by a federal judge or a federal magistrate judge that authorizes a law enforcement officer to arrest and take into custody the person who is the subject of the warrant.(j) Public schools means all public elementary and secondary schools under the jurisdiction of local governing boards or a charter school board, the California State University, and the California Community Colleges.(k) School police and security departments includes police and security departments of the California State University, the California Community Colleges, charter schools, county offices of education, schools, and school districts. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3093Introduced by Assembly Member FongFebruary 21, 2020 An act to amend Section 7284.4 of the Government Code, relating to immigration. LEGISLATIVE COUNSEL'S DIGESTAB 3093, as introduced, Fong. Immigration enforcement.The California Values Act prohibits California law enforcement agencies from, among other acts, using agency moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes, and sets forth various definitions that apply to the act.This bill would make nonsubstantive changes to the acts definition provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill |
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| 13 | 13 | | No. 3093 |
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| 15 | 15 | | Introduced by Assembly Member FongFebruary 21, 2020 |
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| 17 | 17 | | Introduced by Assembly Member Fong |
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| 18 | 18 | | February 21, 2020 |
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| 20 | 20 | | An act to amend Section 7284.4 of the Government Code, relating to immigration. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 23 | 23 | | |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | AB 3093, as introduced, Fong. Immigration enforcement. |
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| 27 | 27 | | |
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| 28 | 28 | | The California Values Act prohibits California law enforcement agencies from, among other acts, using agency moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes, and sets forth various definitions that apply to the act.This bill would make nonsubstantive changes to the acts definition provision. |
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| 30 | 30 | | The California Values Act prohibits California law enforcement agencies from, among other acts, using agency moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes, and sets forth various definitions that apply to the act. |
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| 31 | 31 | | |
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| 32 | 32 | | This bill would make nonsubstantive changes to the acts definition provision. |
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| 33 | 33 | | |
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| 34 | 34 | | ## Digest Key |
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| 36 | 36 | | ## Bill Text |
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| 38 | 38 | | The people of the State of California do enact as follows:SECTION 1. Section 7284.4 of the Government Code is amended to read:7284.4. For purposes of this chapter, the following terms have the following meanings: apply:(a) California law enforcement agency means a state or local law enforcement agency, including school police or security departments. California law enforcement agency does not include the Department of Corrections and Rehabilitation.(b) Civil immigration warrant means any warrant for a violation of federal civil immigration law, and includes civil immigration warrants entered in the National Crime Information Center database.(c) Immigration authority means any federal, state, or local officer, employee, or person performing immigration enforcement functions.(d) Health facility includes health facilities as defined in Section 1250 of the Health and Safety Code, clinics as defined in Sections 1200 and 1200.1 of the Health and Safety Code, and substance abuse treatment facilities.(e) Hold request, notification request, transfer request, and local law enforcement agency have the same meaning as provided in Section 7283. Hold, notification, and transfer requests include requests issued by United States Immigration and Customs Enforcement or United States Customs and Border Protection as well as any other immigration authorities.(f) Immigration enforcement includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a persons presence in, entry, or reentry to, or employment in, the United States.(g) Joint law enforcement task force means at least one California law enforcement agency collaborating, engaging, or partnering with at least one federal law enforcement agency in investigating federal or state crimes.(h) Judicial probable cause determination means a determination made by a federal judge or federal magistrate judge that probable cause exists that an individual has violated federal criminal immigration law and that authorizes a law enforcement officer to arrest and take into custody the individual.(i) Judicial warrant means a warrant based on probable cause for a violation of federal criminal immigration law and issued by a federal judge or a federal magistrate judge that authorizes a law enforcement officer to arrest and take into custody the person who is the subject of the warrant.(j) Public schools means all public elementary and secondary schools under the jurisdiction of local governing boards or a charter school board, the California State University, and the California Community Colleges.(k) School police and security departments includes police and security departments of the California State University, the California Community Colleges, charter schools, county offices of education, schools, and school districts. |
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| 40 | 40 | | The people of the State of California do enact as follows: |
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| 42 | 42 | | ## The people of the State of California do enact as follows: |
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| 44 | 44 | | SECTION 1. Section 7284.4 of the Government Code is amended to read:7284.4. For purposes of this chapter, the following terms have the following meanings: apply:(a) California law enforcement agency means a state or local law enforcement agency, including school police or security departments. California law enforcement agency does not include the Department of Corrections and Rehabilitation.(b) Civil immigration warrant means any warrant for a violation of federal civil immigration law, and includes civil immigration warrants entered in the National Crime Information Center database.(c) Immigration authority means any federal, state, or local officer, employee, or person performing immigration enforcement functions.(d) Health facility includes health facilities as defined in Section 1250 of the Health and Safety Code, clinics as defined in Sections 1200 and 1200.1 of the Health and Safety Code, and substance abuse treatment facilities.(e) Hold request, notification request, transfer request, and local law enforcement agency have the same meaning as provided in Section 7283. Hold, notification, and transfer requests include requests issued by United States Immigration and Customs Enforcement or United States Customs and Border Protection as well as any other immigration authorities.(f) Immigration enforcement includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a persons presence in, entry, or reentry to, or employment in, the United States.(g) Joint law enforcement task force means at least one California law enforcement agency collaborating, engaging, or partnering with at least one federal law enforcement agency in investigating federal or state crimes.(h) Judicial probable cause determination means a determination made by a federal judge or federal magistrate judge that probable cause exists that an individual has violated federal criminal immigration law and that authorizes a law enforcement officer to arrest and take into custody the individual.(i) Judicial warrant means a warrant based on probable cause for a violation of federal criminal immigration law and issued by a federal judge or a federal magistrate judge that authorizes a law enforcement officer to arrest and take into custody the person who is the subject of the warrant.(j) Public schools means all public elementary and secondary schools under the jurisdiction of local governing boards or a charter school board, the California State University, and the California Community Colleges.(k) School police and security departments includes police and security departments of the California State University, the California Community Colleges, charter schools, county offices of education, schools, and school districts. |
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| 46 | 46 | | SECTION 1. Section 7284.4 of the Government Code is amended to read: |
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| 48 | 48 | | ### SECTION 1. |
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| 50 | 50 | | 7284.4. For purposes of this chapter, the following terms have the following meanings: apply:(a) California law enforcement agency means a state or local law enforcement agency, including school police or security departments. California law enforcement agency does not include the Department of Corrections and Rehabilitation.(b) Civil immigration warrant means any warrant for a violation of federal civil immigration law, and includes civil immigration warrants entered in the National Crime Information Center database.(c) Immigration authority means any federal, state, or local officer, employee, or person performing immigration enforcement functions.(d) Health facility includes health facilities as defined in Section 1250 of the Health and Safety Code, clinics as defined in Sections 1200 and 1200.1 of the Health and Safety Code, and substance abuse treatment facilities.(e) Hold request, notification request, transfer request, and local law enforcement agency have the same meaning as provided in Section 7283. Hold, notification, and transfer requests include requests issued by United States Immigration and Customs Enforcement or United States Customs and Border Protection as well as any other immigration authorities.(f) Immigration enforcement includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a persons presence in, entry, or reentry to, or employment in, the United States.(g) Joint law enforcement task force means at least one California law enforcement agency collaborating, engaging, or partnering with at least one federal law enforcement agency in investigating federal or state crimes.(h) Judicial probable cause determination means a determination made by a federal judge or federal magistrate judge that probable cause exists that an individual has violated federal criminal immigration law and that authorizes a law enforcement officer to arrest and take into custody the individual.(i) Judicial warrant means a warrant based on probable cause for a violation of federal criminal immigration law and issued by a federal judge or a federal magistrate judge that authorizes a law enforcement officer to arrest and take into custody the person who is the subject of the warrant.(j) Public schools means all public elementary and secondary schools under the jurisdiction of local governing boards or a charter school board, the California State University, and the California Community Colleges.(k) School police and security departments includes police and security departments of the California State University, the California Community Colleges, charter schools, county offices of education, schools, and school districts. |
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| 52 | 52 | | 7284.4. For purposes of this chapter, the following terms have the following meanings: apply:(a) California law enforcement agency means a state or local law enforcement agency, including school police or security departments. California law enforcement agency does not include the Department of Corrections and Rehabilitation.(b) Civil immigration warrant means any warrant for a violation of federal civil immigration law, and includes civil immigration warrants entered in the National Crime Information Center database.(c) Immigration authority means any federal, state, or local officer, employee, or person performing immigration enforcement functions.(d) Health facility includes health facilities as defined in Section 1250 of the Health and Safety Code, clinics as defined in Sections 1200 and 1200.1 of the Health and Safety Code, and substance abuse treatment facilities.(e) Hold request, notification request, transfer request, and local law enforcement agency have the same meaning as provided in Section 7283. Hold, notification, and transfer requests include requests issued by United States Immigration and Customs Enforcement or United States Customs and Border Protection as well as any other immigration authorities.(f) Immigration enforcement includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a persons presence in, entry, or reentry to, or employment in, the United States.(g) Joint law enforcement task force means at least one California law enforcement agency collaborating, engaging, or partnering with at least one federal law enforcement agency in investigating federal or state crimes.(h) Judicial probable cause determination means a determination made by a federal judge or federal magistrate judge that probable cause exists that an individual has violated federal criminal immigration law and that authorizes a law enforcement officer to arrest and take into custody the individual.(i) Judicial warrant means a warrant based on probable cause for a violation of federal criminal immigration law and issued by a federal judge or a federal magistrate judge that authorizes a law enforcement officer to arrest and take into custody the person who is the subject of the warrant.(j) Public schools means all public elementary and secondary schools under the jurisdiction of local governing boards or a charter school board, the California State University, and the California Community Colleges.(k) School police and security departments includes police and security departments of the California State University, the California Community Colleges, charter schools, county offices of education, schools, and school districts. |
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| 54 | 54 | | 7284.4. For purposes of this chapter, the following terms have the following meanings: apply:(a) California law enforcement agency means a state or local law enforcement agency, including school police or security departments. California law enforcement agency does not include the Department of Corrections and Rehabilitation.(b) Civil immigration warrant means any warrant for a violation of federal civil immigration law, and includes civil immigration warrants entered in the National Crime Information Center database.(c) Immigration authority means any federal, state, or local officer, employee, or person performing immigration enforcement functions.(d) Health facility includes health facilities as defined in Section 1250 of the Health and Safety Code, clinics as defined in Sections 1200 and 1200.1 of the Health and Safety Code, and substance abuse treatment facilities.(e) Hold request, notification request, transfer request, and local law enforcement agency have the same meaning as provided in Section 7283. Hold, notification, and transfer requests include requests issued by United States Immigration and Customs Enforcement or United States Customs and Border Protection as well as any other immigration authorities.(f) Immigration enforcement includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a persons presence in, entry, or reentry to, or employment in, the United States.(g) Joint law enforcement task force means at least one California law enforcement agency collaborating, engaging, or partnering with at least one federal law enforcement agency in investigating federal or state crimes.(h) Judicial probable cause determination means a determination made by a federal judge or federal magistrate judge that probable cause exists that an individual has violated federal criminal immigration law and that authorizes a law enforcement officer to arrest and take into custody the individual.(i) Judicial warrant means a warrant based on probable cause for a violation of federal criminal immigration law and issued by a federal judge or a federal magistrate judge that authorizes a law enforcement officer to arrest and take into custody the person who is the subject of the warrant.(j) Public schools means all public elementary and secondary schools under the jurisdiction of local governing boards or a charter school board, the California State University, and the California Community Colleges.(k) School police and security departments includes police and security departments of the California State University, the California Community Colleges, charter schools, county offices of education, schools, and school districts. |
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| 58 | 58 | | 7284.4. For purposes of this chapter, the following terms have the following meanings: apply: |
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| 60 | 60 | | (a) California law enforcement agency means a state or local law enforcement agency, including school police or security departments. California law enforcement agency does not include the Department of Corrections and Rehabilitation. |
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| 62 | 62 | | (b) Civil immigration warrant means any warrant for a violation of federal civil immigration law, and includes civil immigration warrants entered in the National Crime Information Center database. |
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| 64 | 64 | | (c) Immigration authority means any federal, state, or local officer, employee, or person performing immigration enforcement functions. |
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| 66 | 66 | | (d) Health facility includes health facilities as defined in Section 1250 of the Health and Safety Code, clinics as defined in Sections 1200 and 1200.1 of the Health and Safety Code, and substance abuse treatment facilities. |
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| 68 | 68 | | (e) Hold request, notification request, transfer request, and local law enforcement agency have the same meaning as provided in Section 7283. Hold, notification, and transfer requests include requests issued by United States Immigration and Customs Enforcement or United States Customs and Border Protection as well as any other immigration authorities. |
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| 70 | 70 | | (f) Immigration enforcement includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a persons presence in, entry, or reentry to, or employment in, the United States. |
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| 72 | 72 | | (g) Joint law enforcement task force means at least one California law enforcement agency collaborating, engaging, or partnering with at least one federal law enforcement agency in investigating federal or state crimes. |
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| 74 | 74 | | (h) Judicial probable cause determination means a determination made by a federal judge or federal magistrate judge that probable cause exists that an individual has violated federal criminal immigration law and that authorizes a law enforcement officer to arrest and take into custody the individual. |
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| 76 | 76 | | (i) Judicial warrant means a warrant based on probable cause for a violation of federal criminal immigration law and issued by a federal judge or a federal magistrate judge that authorizes a law enforcement officer to arrest and take into custody the person who is the subject of the warrant. |
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| 78 | 78 | | (j) Public schools means all public elementary and secondary schools under the jurisdiction of local governing boards or a charter school board, the California State University, and the California Community Colleges. |
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| 80 | 80 | | (k) School police and security departments includes police and security departments of the California State University, the California Community Colleges, charter schools, county offices of education, schools, and school districts. |
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