California 2019-2020 Regular Session

California Senate Bill SB429 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	~~Amended IN Senate April 02, 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 ~~amended~~, 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 ~~to apprehend~~ 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~~. arrest for failure to appear to face charges of driving under the influence~~.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 ~~in an effort to apprehend~~ 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 ~~criminal~~ warrant has been issued ~~in California~~ for the individuals arrest. ~~arrest for failure to appear to face charges of driving under the influence.~~
	1	+	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.
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3		-	~~Amended IN Senate April 02, 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 ~~amended~~, 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 ~~to apprehend~~ 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. ~~arrest for failure to appear to face charges of driving under the influence.~~Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
	3	+	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
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5		-	Amended IN Senate April 02, 2019
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7		-	Amended IN Senate April 02, 2019
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9	9		CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
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11	11		Senate Bill No. 429
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13	13		Introduced by Senator NielsenFebruary 21, 2019
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15	15		Introduced by Senator Nielsen
16	16		February 21, 2019
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18	18		An act to add Section 7284.11 to the Government Code, relating to law enforcement.
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20	20		LEGISLATIVE COUNSEL'S DIGEST
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22	22		## LEGISLATIVE COUNSEL'S DIGEST
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24		-	SB 429, as ~~amended~~, Nielsen. Law enforcement: cooperation with federal immigration authorities.
	24	+	SB 429, as introduced, Nielsen. Law enforcement: cooperation with federal immigration authorities.
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26		-	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 ~~to apprehend~~ 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. ~~arrest for failure to appear to face charges of driving under the influence.~~
	26	+	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.
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28	28		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.
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30		-	This bill would grant a law enforcement official or agency discretion to cooperate with federal immigration authorities regarding ~~to apprehend~~ 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. ~~arrest for failure to appear to face charges of driving under the influence.~~
	30	+	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.
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32	32		## Digest Key
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34	34		## Bill Text
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36		-	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 ~~in an effort to apprehend~~ 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 ~~criminal~~ warrant has been issued ~~in California~~ for the individuals arrest. ~~arrest for failure to appear to face charges of driving under the influence.~~
	36	+	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.
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38	38		The people of the State of California do enact as follows:
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40	40		## The people of the State of California do enact as follows:
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42		-	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 ~~in an effort to apprehend~~ 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 ~~criminal~~ warrant has been issued ~~in California~~ for the individuals arrest. ~~arrest for failure to appear to face charges of driving under the influence.~~
	42	+	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.
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44	44		SECTION 1. Section 7284.11 is added to the Government Code, to read:
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46	46		### SECTION 1.
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48		-	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 ~~in an effort to apprehend~~ 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 ~~criminal~~ warrant has been issued ~~in California~~ for the individuals arrest. ~~arrest for failure to appear to face charges of driving under the influence.~~
	48	+	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.
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50		-	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 ~~in an effort to apprehend~~ 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 ~~criminal~~ warrant has been issued ~~in California~~ for the individuals arrest. ~~arrest for failure to appear to face charges of driving under the influence.~~
	50	+	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.
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52		-	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 ~~in an effort to apprehend~~ 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 ~~criminal~~ warrant has been issued ~~in California~~ for the individuals arrest. ~~arrest for failure to appear to face charges of driving under the influence.~~
	52	+	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.
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56		-	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 ~~in an effort to apprehend~~ 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 ~~criminal~~ warrant has been issued ~~in California~~ for the individuals arrest. ~~arrest for failure to appear to face charges of driving under the influence.~~
	56	+	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.