LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00992-R01-
SB.docx
1 of 8
General Assembly Substitute Bill No. 992
January Session, 2019
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 Section 54-192h of the general statutes is repealed and the 1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
[(1)] (2) "Civil immigration detainer" means a [detainer request 10
issued pursuant to 8 CFR 287.7;] request from a federal immigration 11
authority to a local or state law enforcement agency for a purpose 12
including, but not limited to: 13
(A) Detaining an individual suspected of violating a federal 14
immigration law or who has been issued a final order of removal; 15
(B) Facilitating the (i) arrest of an individual by a federal 16
immigration authority, or (ii) transfer of an individual to the custody 17 Substitute Bill No. 992
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00992-
R01-SB.docx }
2 of 8
of a federal immigration authority; 18
(C) Providing notification of the release date and time of an 19
individual in custody; and 20
(D) Notifying a law enforcement officer, through DHS Form I-247A, 21
or any other form used by the United States Department of Homeland 22
Security or any successor agency thereto, of the federal immigration 23
authority's intent to take custody of an individual; 24
[(2) "Convicted of a felony" means that a person has been convicted 25
of a felony, as defined in section 53a-25, pursuant to a final judgment 26
of guilt entered by a court in this state or in a court of competent 27
jurisdiction within the United States upon a plea of guilty, a plea of 28
nolo contendere or a finding of guilty by a jury or the court 29
notwithstanding any pending appeal or habeas corpus proceeding 30
arising from such judgment;] 31
(3) "Confidential information" means any information obtained and 32
maintained by a law enforcement agency relating to (A) an 33
individual's (i) sexual orientation, (ii) status as a victim of domestic 34
violence or sexual assault, or (iii) immigration status, (B) whether such 35
individual is a (i) crime witness, or (ii) recipient of public assistance, or 36
(C) an individual's income tax or other financial records, including, but 37
not limited to, Social Security numbers; 38
[(3)] (4) "Federal immigration authority" means any officer, 39
employee or other person otherwise paid by or acting as an agent of 40
[United States Immigration and Customs Enforcement] ICE or any 41
division thereof or any officer, employee or other person otherwise 42
paid by or acting as an agent of the United States Department of 43
Homeland Security or any successor agency thereto who is charged 44
with enforcement of the civil provisions of the Immigration and 45
Nationality Act; [and] 46
(5) "ICE" means United States Immigration and Customs 47
Enforcement or any successor agency thereto; 48 Substitute Bill No. 992
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00992-
R01-SB.docx }
3 of 8
(6) "ICE access" means any of the following actions taken by a law 49
enforcement officer with respect to an individual who is stopped by a 50
law enforcement officer with or without the individual's consent, 51
arrested, detained or otherwise under the control of a law enforcement 52
official or agency: 53
(A) Responding to a civil immigration detainer or request for 54
notification pursuant to subparagraph (B) of this subdivision 55
concerning such individual; 56
(B) Providing notification to a federal immigration authority that 57
such individual is being or will be released at a certain date and time 58
through data sharing or otherwise; 59
(C) Providing a federal immigration authority nonpublicly available 60
information concerning such individual regarding release date or time, 61
home address or work address, whether obtained through a computer 62
database or otherwise; 63
(D) Allowing a federal immigration authority to interview such 64
individual under the control of the law enforcement agency; 65
(E) Allowing a federal immigration authority to use a facility or 66
resources in the control of a law enforcement agency to conduct 67
interviews, administrative proceedings or other immigration 68
enforcement activities concerning such individual; or 69
(F) Providing a federal immigration authority information 70
regarding dates and times of probation or parole supervision or any 71
other information related to such individual's compliance with the 72
terms of probation or parole; 73
(7) "Judicial officer" means any judge of the state or federal judicial 74
branches other than an immigration judge; 75
(8) "Law enforcement agency" means any agency for which a law 76
enforcement officer is an employee of or otherwise paid by or acting as 77 Substitute Bill No. 992
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00992-
R01-SB.docx }
4 of 8
an agent of; 78
[(4)] (9) "Law enforcement officer" means: 79
(A) Each officer, employee or other person otherwise paid by or 80
acting as an agent of the Department of Correction; 81
(B) Each officer, employee or other person otherwise paid by or 82
acting as an agent of a municipal police department; 83
(C) Each officer, employee or other person otherwise paid by or 84
acting as an agent of the Division of State Police within the 85
Department of Emergency Services and Public Protection; and 86
(D) Each judicial marshal, [and] state marshal, [.] bail commissioner 87
and adult probation officer; and 88
(10) "School police or security department" means any police or 89
security department of (A) the constituent units of the state system of 90
higher education, as defined in section 10a-1, (B) a public school, or (C) 91
a local or regional school district. 92
(b) No law enforcement officer [who receives a civil immigration 93
detainer with respect to an individual who is in the custody of the law 94
enforcement officer shall detain such] or employee of a school police or 95
security department shall: 96
(1) Detain an individual pursuant to [such] a civil immigration 97
detainer unless the [law enforcement official determines that the 98
individual:] detainer is accompanied by a warrant issued or signed by 99
a judicial officer; 100
[(1) Has been convicted of a felony; 101
(2) Is subject to pending criminal charges in this state where bond 102
has not been posted; 103
(3) Has an outstanding arrest warrant in this state; 104 Substitute Bill No. 992
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00992-
R01-SB.docx }
5 of 8
(4) Is identified as a known gang member in the database of the 105
National Crime Information Center or any similar database or is 106
designated as a Security Risk Group member or a Security Risk Group 107
Safety Threat member by the Department of Correction; 108
(5) Is identified as a possible match in the federal Terrorist Screening 109
Database or similar database; 110
(6) Is subject to a final order of deportation or removal issued by a 111
federal immigration authority; or 112
(7) Presents an unacceptable risk to public safety, as determined by 113
the law enforcement officer.] 114
(2) Expend or use time, money, facilities, property, equipment, 115
personnel or other resources to communicate with a federal 116
immigration authority regarding the custody status or release of an 117
individual targeted by a civil immigration detainer, except as provided 118
in subsection (e) of this section; 119
(3) Arrest or detain an individual based on a civil immigration 120
detainer or an administrative warrant; 121
(4) Give a federal immigration authority access to interview an 122
individual who is in the custody of a law enforcement agency; 123
(5) Perform any function of a federal immigration authority, 124
whether pursuant to 8 USC 1357(g) or any other law, regulation, 125
agreement, contract or policy, whether formal or informal; or 126
(6) Expend or use time, money, facilities, property, equipment, 127
personnel or other resources to investigate, enforce or assist in the 128
investigation or enforcement of any federal program requiring 129
registration of an individual on the basis of race, gender, age, sexual 130
orientation, religion, country from which the individual has 131
immigrated or national or ethnic origin. 132 Substitute Bill No. 992
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00992-
R01-SB.docx }
6 of 8
[(c) Upon determination by the law enforcement officer that such 133
individual is to be detained or released, the law enforcement officer 134
shall immediately notify United States Immigration and Customs 135
Enforcement. If the individual is to be detained, the law enforcement 136
officer shall inform United States Immigration and Customs 137
Enforcement that the individual will be held for a maximum of forty-138
eight hours, excluding Saturdays, Sundays and federal holidays. If 139
United States Immigration and Customs Enforcement fails to take 140
custody of the individual within such forty-eight-hour period, the law 141
enforcement officer shall release the individual. In no event shall an 142
individual be detained for longer than such forty-eight-hour period 143
solely on the basis of a civil immigration detainer.] 144
(c) Prior to responding to a request for notification of an individual's 145
release date and time from custody of a law enforcement agency, the 146
law enforcement officer shall forward the request to the head of the 147
law enforcement agency for review. 148
(d) Any confidential information of an individual who comes into 149
contact with a law enforcement officer may be disclosed to a federal 150
immigration authority only if such disclosure is: 151
(1) Authorized in writing by the individual to whom the 152
information pertains, or by the parent or guardian of such individual if 153
the individual is a minor or not legally competent to consent to such 154
disclosure; 155
(2) Necessary in furtherance of a criminal investigation of potential 156
terrorism; or 157
(3) Otherwise required by law. 158
(e) (1) Upon receiving a civil immigration detainer, a law 159
enforcement agency shall provide a copy of the detainer to the affected 160
individual who is the subject of the detainer and inform the individual 161
whether the law enforcement agency intends to comply with the 162
detainer. If a law enforcement agency provides ICE with notification 163 Substitute Bill No. 992
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00992-
R01-SB.docx }
7 of 8
that an individual is being, or will be released on a certain date, the 164
law enforcement agency shall promptly provide to the individual and 165
to the individual's attorney or one other individual who the individual 166
may designate, a copy of such notification as well as the reason, in 167
writing, that such law enforcement agency is complying with the 168
detainer. 169
(2) All records relating to ICE access maintained by law enforcement 170
agencies shall be deemed public records under the Freedom of 171
Information Act, as defined in section 1-200. Records relating to ICE 172
access include, but are not limited to, data maintained by the law 173
enforcement agency regarding the number and demographic data of 174
individuals to whom the agency has provided ICE access, the date ICE 175
access was provided to an individual, the type of ICE access provided 176
to an individual, the amount of resources expended on providing ICE 177
access and any communication between the law enforcement agency 178
and any federal immigration authority. 179
(3) Beginning January 1, 2020, the legislative body of any 180
municipality with a law enforcement agency that has provided ICE 181
access to an individual during the prior month shall provide to the 182
Office of Policy and Management, on an ongoing monthly basis, data 183
regarding the number and demographic data of individuals to whom 184
the law enforcement agency has provided ICE access, the date ICE 185
access was provided to an individual and whether the ICE access was 186
provided as part of compliance with a civil immigration detainer or 187
through other means. Data may be provided in the form of statistics or, 188
if statistics are not maintained, as individual records, provided 189
personally identifiable information is redacted. 190
(f) The Office of Policy and Management shall ensure that the 191
requirements of this section are disseminated to, and appropriate 192
training is provided for, all affected law enforcement agencies and 193
school police or security departments and employees and agents of 194
such law enforcement agencies and school police or security 195
departments. Such training may entail how law enforcement officers 196 Substitute Bill No. 992
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00992-
R01-SB.docx }
8 of 8
and other officials performing similar duties will adhere to the 197
provisions of this section and how they will interact with crime 198
victims, potential criminal suspects and individuals cooperating with 199
law enforcement officers. 200
(g) No provision of this section shall be construed to provide, 201
expand or ratify the legal authority of any law enforcement agency to 202
detain an individual based on a civil immigration detainer request. 203
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 54-192h
Statement of Legislative Commissioners:
Throughout the bill, plural nouns and verbs were made singular and
"person" was changed to "individual" for consistency. In Section
1(a)(2)(B), clause designators were added for clarity; in Section 1(a)(6),
the introductory language was reorganized for clarity; in Section
1(a)(6)(A), a reference was added to Subparagraph (B) for clarity and
Section 2(b)(4) was reorganized for clarity.
JUD Joint Favorable Subst. -LCO