California 2019 2019-2020 Regular Session

California Senate Bill SB429 Introduced / Bill

Filed 02/21/2019

                    CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 429Introduced by Senator NielsenFebruary 21, 2019 An act to add Section 7284.11 to the Government Code, relating to law enforcement. LEGISLATIVE COUNSEL'S DIGESTSB 429, as introduced, Nielsen. Law enforcement: cooperation with federal immigration authorities.Existing law, the California Values Act, generally prohibits, with exceptions, a California law enforcement agency from using its moneys or personnel to investigate, detain, or arrest persons for immigration enforcement purposes. Existing law generally prohibits law enforcement from providing information regarding the release date of an individual from custody or from transferring an individual to immigration authorities without a warrant or judicial probable cause determination, unless the person has been convicted of specified crimes.This bill would grant a law enforcement official or agency discretion to cooperate with federal immigration authorities regarding an individual who is unlawfully in the United States if the individual has been convicted of driving under the influence of alcohol or drugs and an active warrant has been issued for the individuals arrest.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 7284.11 is added to the Government Code, to read:7284.11. Notwithstanding Sections 7282.5 and 7284.6, or any other law, unless prohibited by federal law or the California Constitution, a law enforcement official or agency has discretion to cooperate with federal immigration authorities regarding an individual who is unlawfully in the United States if the individual has been convicted of driving under the influence of alcohol or drugs in violation of Section 23152 or 23153 of the Vehicle Code and an active warrant has been issued for the individuals arrest.

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 429Introduced by Senator NielsenFebruary 21, 2019 An act to add Section 7284.11 to the Government Code, relating to law enforcement. LEGISLATIVE COUNSEL'S DIGESTSB 429, as introduced, Nielsen. Law enforcement: cooperation with federal immigration authorities.Existing law, the California Values Act, generally prohibits, with exceptions, a California law enforcement agency from using its moneys or personnel to investigate, detain, or arrest persons for immigration enforcement purposes. Existing law generally prohibits law enforcement from providing information regarding the release date of an individual from custody or from transferring an individual to immigration authorities without a warrant or judicial probable cause determination, unless the person has been convicted of specified crimes.This bill would grant a law enforcement official or agency discretion to cooperate with federal immigration authorities regarding an individual who is unlawfully in the United States if the individual has been convicted of driving under the influence of alcohol or drugs and an active warrant has been issued for the individuals arrest.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

Senate Bill No. 429

Introduced by Senator NielsenFebruary 21, 2019

Introduced by Senator Nielsen
February 21, 2019

 An act to add Section 7284.11 to the Government Code, relating to law enforcement. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 429, as introduced, Nielsen. Law enforcement: cooperation with federal immigration authorities.

Existing law, the California Values Act, generally prohibits, with exceptions, a California law enforcement agency from using its moneys or personnel to investigate, detain, or arrest persons for immigration enforcement purposes. Existing law generally prohibits law enforcement from providing information regarding the release date of an individual from custody or from transferring an individual to immigration authorities without a warrant or judicial probable cause determination, unless the person has been convicted of specified crimes.This bill would grant a law enforcement official or agency discretion to cooperate with federal immigration authorities regarding an individual who is unlawfully in the United States if the individual has been convicted of driving under the influence of alcohol or drugs and an active warrant has been issued for the individuals arrest.

Existing law, the California Values Act, generally prohibits, with exceptions, a California law enforcement agency from using its moneys or personnel to investigate, detain, or arrest persons for immigration enforcement purposes. Existing law generally prohibits law enforcement from providing information regarding the release date of an individual from custody or from transferring an individual to immigration authorities without a warrant or judicial probable cause determination, unless the person has been convicted of specified crimes.

This bill would grant a law enforcement official or agency discretion to cooperate with federal immigration authorities regarding an individual who is unlawfully in the United States if the individual has been convicted of driving under the influence of alcohol or drugs and an active warrant has been issued for the individuals arrest.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 7284.11 is added to the Government Code, to read:7284.11. Notwithstanding Sections 7282.5 and 7284.6, or any other law, unless prohibited by federal law or the California Constitution, a law enforcement official or agency has discretion to cooperate with federal immigration authorities regarding an individual who is unlawfully in the United States if the individual has been convicted of driving under the influence of alcohol or drugs in violation of Section 23152 or 23153 of the Vehicle Code and an active warrant has been issued for the individuals arrest.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 7284.11 is added to the Government Code, to read:7284.11. Notwithstanding Sections 7282.5 and 7284.6, or any other law, unless prohibited by federal law or the California Constitution, a law enforcement official or agency has discretion to cooperate with federal immigration authorities regarding an individual who is unlawfully in the United States if the individual has been convicted of driving under the influence of alcohol or drugs in violation of Section 23152 or 23153 of the Vehicle Code and an active warrant has been issued for the individuals arrest.

SECTION 1. Section 7284.11 is added to the Government Code, to read:

### SECTION 1.

7284.11. Notwithstanding Sections 7282.5 and 7284.6, or any other law, unless prohibited by federal law or the California Constitution, a law enforcement official or agency has discretion to cooperate with federal immigration authorities regarding an individual who is unlawfully in the United States if the individual has been convicted of driving under the influence of alcohol or drugs in violation of Section 23152 or 23153 of the Vehicle Code and an active warrant has been issued for the individuals arrest.

7284.11. Notwithstanding Sections 7282.5 and 7284.6, or any other law, unless prohibited by federal law or the California Constitution, a law enforcement official or agency has discretion to cooperate with federal immigration authorities regarding an individual who is unlawfully in the United States if the individual has been convicted of driving under the influence of alcohol or drugs in violation of Section 23152 or 23153 of the Vehicle Code and an active warrant has been issued for the individuals arrest.

7284.11. Notwithstanding Sections 7282.5 and 7284.6, or any other law, unless prohibited by federal law or the California Constitution, a law enforcement official or agency has discretion to cooperate with federal immigration authorities regarding an individual who is unlawfully in the United States if the individual has been convicted of driving under the influence of alcohol or drugs in violation of Section 23152 or 23153 of the Vehicle Code and an active warrant has been issued for the individuals arrest.



7284.11. Notwithstanding Sections 7282.5 and 7284.6, or any other law, unless prohibited by federal law or the California Constitution, a law enforcement official or agency has discretion to cooperate with federal immigration authorities regarding an individual who is unlawfully in the United States if the individual has been convicted of driving under the influence of alcohol or drugs in violation of Section 23152 or 23153 of the Vehicle Code and an active warrant has been issued for the individuals arrest.