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General Assembly Raised Bill No. 992
January Session, 2019
LCO No. 5102
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING TH E TRUST ACT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 54-192h of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2019): 2
(a) For the purposes of this section: 3
(1) "Administrative warrant" means a warrant, notice to appear, 4
removal order or warrant of deportation issued by an agent of a 5
federal agency charged with the enforcement of immigration laws or 6
the security of the borders, including ICE and the United States 7
Customs and Border Protection, but does not include a warrant issued 8
or signed by a judicial officer. 9
(2) "Civil immigration detainer" means a [detainer request issued 10
pursuant to 8 CFR 287.7] request from federal immigration authorities 11
to local or state law enforcement agencies for purposes including, but 12
not limited to: 13
(A) Detaining a person suspected of violating federal immigration 14 Raised Bill No. 992
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laws or who has been issued a final order of removal; 15
(B) Facilitating the arrest or transfer of an individual to the custody 16
of a federal immigration authority; 17
(C) Providing notification of the release date and time of an 18
individual in custody; and 19
(D) Notifying a law enforcement officer, through DHS Form I-247A, 20
or any other form used by the United States Department of Homeland 21
Security or any successor agency thereto, of the federal immigration 22
authority's intent to take custody of a person; 23
[(2) "Convicted of a felony" means that a person has been convicted 24
of a felony, as defined in section 53a-25, pursuant to a final judgment 25
of guilt entered by a court in this state or in a court of competent 26
jurisdiction within the United States upon a plea of guilty, a plea of 27
nolo contendere or a finding of guilty by a jury or the court 28
notwithstanding any pending appeal or habeas corpus proceeding 29
arising from such judgment;] 30
(3) "Confidential information" means any information obtained and 31
maintained by a law enforcement agency relating to (A) an 32
individual's (i) sexual orientation, (ii) status as a victim of domestic 33
violence or sexual assault, or (iii) immigration status, (B) whether such 34
individual is a (i) crime witness, or (ii) recipient of public assistance, or 35
(C) an individual's income tax or other financial records, including, but 36
not limited to, Social Security numbers; 37
[(3)] (4) "Federal immigration authority" means any officer, 38
employee or other person otherwise paid by or acting as an agent of 39
[United States Immigration and Customs Enforcement] ICE or any 40
division thereof or any officer, employee or other person otherwise 41
paid by or acting as an agent of the United States Department of 42
Homeland Security or any successor agency thereto who is charged 43
with enforcement of the civil provisions of the Immigration and 44
Nationality Act; [and] 45 Raised Bill No. 992
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(5) "ICE" means United States Immigration and Customs 46
Enforcement or any successor agency thereto; 47
(6) "ICE access" means that when an individual is stopped with or 48
without their consent, arrested, detained or otherwise under the 49
control of the law enforcement agency, any of the following actions by 50
a law enforcement officer: 51
(A) Responding to a civil immigration detainer or notification 52
request concerning such individual; 53
(B) Providing notification to a federal immigration authority that 54
such individual is being or will be released at a certain date and time 55
through data sharing or otherwise; 56
(C) Providing a federal immigration authority nonpublicly available 57
information concerning such individual regarding release dates, home 58
addresses or work addresses, whether obtained through computer 59
databases or otherwise; 60
(D) Allowing a federal immigration authority to interview such 61
individual in law enforcement custody; 62
(E) Allowing a federal immigration authority to use a facility or 63
resources in the control of a law enforcement agency to conduct 64
interviews, administrative proceedings or other immigration 65
enforcement activities concerning such individual; or 66
(F) Providing a federal immigration authority information 67
regarding dates and times of probation or parole supervision or any 68
other information related to such individual's compliance with the 69
terms of probation and parole; 70
(7) "Judicial officer" means any judge of the state or federal judicial 71
branches other than an immigration judge; 72
(8) "Law enforcement agency" means any agency for which a law 73
enforcement officer is an employee of or otherwise paid by or acting as 74 Raised Bill No. 992
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an agent of; 75
[(4)] (9) "Law enforcement officer" means: 76
(A) Each officer, employee or other person otherwise paid by or 77
acting as an agent of the Department of Correction; 78
(B) Each officer, employee or other person otherwise paid by or 79
acting as an agent of a municipal police department; 80
(C) Each officer, employee or other person otherwise paid by or 81
acting as an agent of the Division of State Police within the 82
Department of Emergency Services and Public Protection; and 83
(D) Each judicial marshal, [and] state marshal, bail commissioner 84
and adult probation officer; and 85
(10) "School police or security department" means any police or 86
security department of (A) the constituent units of the state system of 87
higher education, as defined in section 10a-1, (B) a public school, or (C) 88
a local or regional school district. 89
(b) No law enforcement officer [who receives a civil immigration 90
detainer with respect to an individual who is in the custody of the law 91
enforcement officer shall detain such] or employee of a school police or 92
security department shall: 93
(1) Detain an individual pursuant to [such] a civil immigration 94
detainer unless the [law enforcement official determines that the 95
individual:] detainer is accompanied by a warrant issued or signed by 96
a judicial officer; 97
[(1) Has been convicted of a felony; 98
(2) Is subject to pending criminal charges in this state where bond 99
has not been posted; 100
(3) Has an outstanding arrest warrant in this state; 101 Raised Bill No. 992
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(4) Is identified as a known gang member in the database of the 102
National Crime Information Center or any similar database or is 103
designated as a Security Risk Group member or a Security Risk Group 104
Safety Threat member by the Department of Correction; 105
(5) Is identified as a possible match in the federal Terrorist Screening 106
Database or similar database; 107
(6) Is subject to a final order of deportation or removal issued by a 108
federal immigration authority; or 109
(7) Presents an unacceptable risk to public safety, as determined by 110
the law enforcement officer] 111
(2) Expend or use time, money, facilities, property, equipment, 112
personnel or other resources communicating with a federal 113
immigration authority regarding the custody status or release of an 114
individual targeted by a civil immigration detainer, except as provided 115
in subsection (e) of this section; 116
(3) Arrest or detain an individual based on a civil immigration 117
detainer or an administrative warrant; 118
(4) Give a federal immigration authority access to interview an 119
individual in agency or department custody for immigration 120
enforcement purposes; 121
(5) Perform any function of a federal immigration authority, 122
whether pursuant to 8 USC 1357(g) or any other law, regulation, 123
agreement or contract or policy, whether formal or informal; or 124
(6) Expend or use time, money, facilities, property, equipment, 125
personnel or other resources to investigate, enforce or assist in the 126
investigation or enforcement of any federal program requiring 127
registration of individuals on the basis of race, gender, age, sexual 128
orientation, religion, country from which the individual has 129
immigrated or national or ethnic origin. 130 Raised Bill No. 992
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[(c) Upon determination by the law enforcement officer that such 131
individual is to be detained or released, the law enforcement officer 132
shall immediately notify United States Immigration and Customs 133
Enforcement. If the individual is to be detained, the law enforcement 134
officer shall inform United States Immigration and Customs 135
Enforcement that the individual will be held for a maximum of forty-136
eight hours, excluding Saturdays, Sundays and federal holidays. If 137
United States Immigration and Customs Enforcement fails to take 138
custody of the individual within such forty-eight-hour period, the law 139
enforcement officer shall release the individual. In no event shall an 140
individual be detained for longer than such forty-eight-hour period 141
solely on the basis of a civil immigration detainer.] 142
(c) Prior to responding to any request for notification of an 143
individual's release date and time from custody of a law enforcement 144
agency, the law enforcement officer shall forward the request to the 145
head of such law enforcement agency for review. 146
(d) Any confidential information of an individual who comes into 147
contact with a law enforcement official may be disclosed to a federal 148
immigration authority only if such disclosure is: 149
(1) Authorized in writing by the individual to whom the 150
information pertains, or by the parent or guardian of such individual if 151
the individual is a minor or not legally competent to consent to such 152
disclosure; 153
(2) Necessary in furtherance of a criminal investigation of potential 154
terrorism; or 155
(3) Otherwise required by law. 156
(e) (1) Upon receiving any civil immigration detainer, a law 157
enforcement agency shall provide a copy of the detainer to the affected 158
individual and inform him or her whether the law enforcement agency 159
intends to comply with the detainer. If a law enforcement agency 160
provides ICE with notification that an individual is being, or will be 161 Raised Bill No. 992
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released on a certain date, the law enforcement agency shall promptly 162
provide to the individual and to his or her attorney or one other 163
person who the individual may designate a copy of such notification 164
as well as the reason, in writing, such law enforcement agency is 165
complying with the detainer. 166
(2) All records relating to ICE access maintained by law enforcement 167
agencies shall be deemed public records under the Freedom of 168
Information Act, as defined in section 1-200. Records relating to ICE 169
access include, but are not limited to, data maintained by the law 170
enforcement agency regarding the number and demographic 171
characteristics of individuals to whom the agency has provided ICE 172
access, the date ICE access was provided to an individual, the type of 173
ICE access provided to an individual, the amount of resources 174
expended on providing ICE access and any communication between 175
the law enforcement agency and any federal immigration authority. 176
(3) Beginning January 1, 2020, the legislative body of any 177
municipality with a law enforcement agency that has provided ICE 178
access to an individual during the past month shall provide to the 179
Office of Policy and Management, on an ongoing monthly basis, data 180
regarding the number and demographic characteristics of individuals 181
to whom the law enforcement agency has provided ICE access, the 182
date ICE access was provided to an individual and whether the ICE 183
access was provided as part of compliance with a civil immigration 184
detainer or through other means. Data may be provided in the form of 185
statistics or, if statistics are not maintained, as individual records, 186
provided personally identifiable information is redacted. 187
(f) The Office of Policy and Management shall ensure that the 188
requirements provided in this section are disseminated to, and 189
appropriate training is provided for, all affected law enforcement 190
agencies and school police or security departments and employees and 191
agents of such law enforcement agencies and school police or security 192
departments. Such training may entail how law enforcement officers 193
and other officials performing similar duties shall adhere to the 194 Raised Bill No. 992
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provisions of this section and how they will interact with crime 195
victims, potential criminal suspects and individuals cooperating with 196
law enforcement officers. 197
(g) No provision of this section shall be construed to provide, 198
expand or ratify the legal authority of any law enforcement agency to 199
detain an individual based upon a civil immigration detainer request. 200
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 54-192h
Statement of Purpose:
To foster trust between residents and city and state officials and ensure
public safety.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
not underlined.]