CT
Connecticut House Bill HB06659

Connecticut 2013 Regular Session

Connecticut House Bill HB06659 Compare Versions

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1-Substitute House Bill No. 6659
1+General Assembly Substitute Bill No. 6659
2+January Session, 2013 *_____HB06659PS____051513____*
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3-Public Act No. 13-155
4+General Assembly
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6+Substitute Bill No. 6659
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8+January Session, 2013
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10+*_____HB06659PS____051513____*
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512 AN ACT CONCERNING CIVIL IMMIGRATION DETAINERS.
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714 Be it enacted by the Senate and House of Representatives in General Assembly convened:
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916 Section 1. (NEW) (Effective January 1, 2014) (a) For the purposes of this section:
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1118 (1) "Civil immigration detainer" means a detainer request issued pursuant to 8 CFR 287.7;
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13-(2) "Convicted of a felony" means that a person has been convicted of a felony, as defined in section 53a-25 of the general statutes, pursuant to a final judgment of guilt entered by a court in this state or in a court of competent jurisdiction within the United States upon a plea of guilty, a plea of nolo contendere or a finding of guilty by a jury or the court notwithstanding any pending appeal or habeas corpus proceeding arising from such judgment;
20+(2) "Convicted of a crime" means a final judgment of guilt entered with respect to an individual twenty-one years of age or older on a class A felony in the Superior Court, or a final judgment of guilt entered with respect to an individual twenty-one years of age or older for an offense in any other court of competent jurisdiction within the United States which, if committed in this state, would be a class A felony, provided either such judgment of guilt was entered not more than ten years prior to the civil immigration detainer, or the individual was released after serving a sentence for a class A felony conviction not more than five years prior to the civil immigration detainer, whichever is later;
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15-(3) "Federal immigration authority" means any officer, employee or other person otherwise paid by or acting as an agent of United States Immigration and Customs Enforcement or any division thereof or any officer, employee or other person otherwise paid by or acting as an agent of the United States Department of Homeland Security who is charged with enforcement of the civil provisions of the Immigration and Nationality Act; and
22+(3) "Department" means a department or division that employs a law enforcement officer;
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17-(4) "Law enforcement officer" means:
24+(4) "Federal immigration authority" means any officer, employee or other person otherwise paid by or acting as an agent of United States Immigration and Customs Enforcement or any division thereof or any officer, employee or other person otherwise paid by or acting as an agent of the United States Department of Homeland Security who is charged with enforcement of the civil provisions of the Immigration and Nationality Act; and
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19-(A) Each officer, employee or other person otherwise paid by or acting as an agent of the Department of Correction;
26+(5) "Law enforcement officer" means:
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21-(B) Each officer, employee or other person otherwise paid by or acting as an agent of a municipal police department;
28+(A) The Department of Correction and each officer, employee or other person otherwise paid by or acting as an agent of the Department of Correction;
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23-(C) Each officer, employee or other person otherwise paid by or acting as an agent of the Division of State Police within the Department of Emergency Services and Public Protection; and
30+(B) Each municipal police department and each officer, employee or other person otherwise paid by or acting as an agent of a municipal police department;
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25-(D) Each judicial marshal and state marshal.
32+(C) The Division of State Police within the Department of Emergency Services and Public Protection and each officer, employee or other person otherwise paid by or acting as an agent of the division; and
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27-(b) No law enforcement officer who receives a civil immigration detainer with respect to an individual who is in the custody of the law enforcement officer shall detain such individual pursuant to such civil immigration detainer unless the law enforcement official determines that the individual:
34+(D) Each judicial marshal and state marshal and each officer, employee or other person otherwise paid by or acting as an agent of a judicial marshal or state marshal.
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29-(1) Has been convicted of a felony;
36+(b) A law enforcement officer shall not give effect to a civil immigration detainer by:
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31-(2) Is subject to pending criminal charges in this state where bond has not been posted;
38+(1) Holding an individual beyond the time when such individual would otherwise be released from the department's custody, or
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33-(3) Has an outstanding arrest warrant in this state;
40+(2) Otherwise expending time or resources to facilitate the individual's transfer to United States Immigration and Customs Enforcement.
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35-(4) Is identified as a known gang member in the database of the National Crime Information Center or any similar database or is designated as a Security Risk Group member or a Security Risk Group Safety Threat member by the Department of Correction;
42+(c) Subsection (b) of this section shall not apply when:
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37-(5) Is identified as a possible match in the federal Terrorist Screening Database or similar database;
44+(1) A search of state and federal databases, conducted at or about the time when such individual would otherwise be released from the department's custody, indicates that such individual has been convicted of a crime; or
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39-(6) Is subject to a final order of deportation or removal issued by a federal immigration authority; or
46+(2) The individual consents, in writing, to early release and transfer to United States Immigration and Customs Enforcement pursuant to section 18-100g or 54-125a of the general statutes.
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41-(7) Presents an unacceptable risk to public safety, as determined by the law enforcement officer.
48+(d) In no event shall an individual be held pursuant to a civil immigration detainer for a period of more than twenty-four hours.
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43-(c) Upon determination by the law enforcement officer that such individual is to be detained or released, the law enforcement officer shall immediately notify United States Immigration and Customs Enforcement. If the individual is to be detained, the law enforcement officer shall inform United States Immigration and Customs Enforcement that the individual will be held for a maximum of forty-eight hours, excluding Saturdays, Sundays and federal holidays. If United States Immigration and Customs Enforcement fails to take custody of the individual within such forty-eight-hour period, the law enforcement officer shall release the individual. In no event shall an individual be detained for longer than such forty-eight-hour period solely on the basis of a civil immigration detainer.
50+(e) Nothing in this section shall affect the obligation of a department to maintain the confidentiality of any information obtained pursuant to this section.
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52+(f) Nothing in this section shall be construed to confer authority on any person to hold an individual on a civil immigration detainer beyond the authority, if any, that such person held prior to January 1, 2014.
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54+(g) Nothing in this section shall be construed to (1) prohibit any state agency from cooperating with federal immigration authorities when required under federal law, or (2) create any power, duty or obligation in conflict with any federal law or any other provision of the general statutes.
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56+(h) Any person aggrieved by a violation of this section may bring an action in the Superior Court, including an action (1) to secure a permanent injunction enjoining any act or practice that constitutes a violation of this section, (2) to require compliance with this section, or (3) for such other relief as may be appropriate.
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58+(i) Not later than December 31, 2014, and annually thereafter, each department shall post a report on such department's Internet web site that includes the following information for the prior twelve-month period:
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60+(1) The number of individuals held on civil immigration detainers pursuant to subdivision (1) of subsection (c) of this section beyond the time when such individual would otherwise be released from the department's custody, and a list of any felony convictions for such individuals, or any misdemeanor convictions for such individuals if there are no felony convictions for such individuals;
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62+(2) The number of individuals held on civil immigration detainers pursuant to subdivision (2) of subsection (c) of this section beyond the time when such individual would otherwise be released from the department's custody, and a list of any felony convictions for such individuals, or any misdemeanor convictions for such individuals if there are no felony convictions for such individuals;
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64+(3) The number of individuals transferred to the custody of federal immigration authorities on civil immigration detainers pursuant to subdivision (1) of subsection (c) of this section, and a list of any felony convictions for such individuals, or any misdemeanor convictions for such individuals if there are no felony convictions for such individuals;
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66+(4) The number of individuals transferred to the custody of federal immigration authorities on civil immigration detainers pursuant to subdivision (2) of subsection (c) of this section, and a list of any felony convictions for such individuals, or any misdemeanor convictions for such individuals if there are no felony convictions for such individuals; and
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68+(5) The amount of funding requested and received from the federal government with respect to the criminal alien program of United States Immigration and Customs Enforcement or any successor program.
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73+This act shall take effect as follows and shall amend the following sections:
74+Section 1 January 1, 2014 New section
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76+This act shall take effect as follows and shall amend the following sections:
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78+Section 1
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80+January 1, 2014
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82+New section
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86+JUD Joint Favorable Subst.
87+PS Joint Favorable
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89+JUD
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91+Joint Favorable Subst.
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93+PS
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95+Joint Favorable