Connecticut 2019 Regular Session

Connecticut Senate Bill SB00992 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+
	2	+
	3	+	LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00992-R01-
	4	+	SB.docx
	5	+	1 of 8
	6	+
	7	+	General Assembly Substitute Bill No. 992
	8	+	January Session, 2019
1	9
2	10
3	11
4		-	Substitute Senate Bill No. 992
5		-
6		-	Public Act No. 19-20
7	12
8	13
9	14		AN ACT CONCERNING TH E TRUST ACT.
10	15		Be it enacted by the Senate and House of Representatives in General
11	16		Assembly convened:
12	17
13		-	Section 1. Section 54-192h of the general statutes is repealed and the
14		-	following is substituted in lieu thereof (Effective October 1, 2019):
15		-	(a) For the purposes of this section:
16		-	(1) "Administrative warrant" means a warrant, notice to appear,
17		-	removal order or warrant of deportation issued by an agent of a
18		-	federal agency charged with the enforcement of immigration laws or
19		-	the security of the borders, including ICE and the United States
20		-	Customs and Border Protection, but does not include a warrant issued
21		-	or signed by a judicial officer.
22		-	[(1)] (2) "Civil immigration detainer" means a [detainer request
23		-	issued pursuant to 8 CFR 287.7;] request from a federal immigration
24		-	authority to a local or state law enforcement agency for a purpose
25		-	including, but not limited to:
26		-	(A) Detaining an individual suspected of violating a federal
27		-	immigration law or who has been issued a final order of removal;
28		-	(B) Facilitating the (i) arrest of an individual by a federal Substitute Senate Bill No. 992
	18	+	Section 1. Section 54-192h of the general statutes is repealed and the 1
	19	+	following is substituted in lieu thereof (Effective October 1, 2019): 2
	20	+	(a) For the purposes of this section: 3
	21	+	(1) "Administrative warrant" means a warrant, notice to appear, 4
	22	+	removal order or warrant of deportation issued by an agent of a 5
	23	+	federal agency charged with the enforcement of immigration laws or 6
	24	+	the security of the borders, including ICE and the United States 7
	25	+	Customs and Border Protection, but does not include a warrant issued 8
	26	+	or signed by a judicial officer. 9
	27	+	[(1)] (2) "Civil immigration detainer" means a [detainer request 10
	28	+	issued pursuant to 8 CFR 287.7;] request from a federal immigration 11
	29	+	authority to a local or state law enforcement agency for a purpose 12
	30	+	including, but not limited to: 13
	31	+	(A) Detaining an individual suspected of violating a federal 14
	32	+	immigration law or who has been issued a final order of removal; 15
	33	+	(B) Facilitating the (i) arrest of an individual by a federal 16
	34	+	immigration authority, or (ii) transfer of an individual to the custody 17 Substitute Bill No. 992
29	35
30		-	Public Act No. 19-20 2 of 8
31	36
32		-	immigration authority, or (ii) transfer of an individual to the custody
33		-	of a federal immigration authority;
34		-	(C) Providing notification of the release date and time of an
35		-	individual in custody; and
36		-	(D) Notifying a law enforcement officer, through DHS Form I-247A,
37		-	or any other form used by the United States Department of Homeland
38		-	Security or any successor agency thereto, of the federal immigration
39		-	authority's intent to take custody of an individual;
40		-	[(2) "Convicted of a felony" means that a person has been convicted
41		-	of a felony, as defined in section 53a-25, pursuant to a final judgment
42		-	of guilt entered by a court in this state or in a court of competent
43		-	jurisdiction within the United States upon a plea of guilty, a plea of
44		-	nolo contendere or a finding of guilty by a jury or the court
45		-	notwithstanding any pending appeal or habeas corpus proceeding
46		-	arising from such judgment;]
47		-	(3) "Confidential information" means any information obtained and
48		-	maintained by a law enforcement agency relating to (A) an
49		-	individual's (i) sexual orientation, or (ii) status as a victim of domestic
50		-	violence or sexual assault, (B) whether such individual is a (i) crime
51		-	witness, or (ii) recipient of public assistance, or (C) an individual's
52		-	income tax or other financial records, including, but not limited to,
53		-	Social Security numbers;
54		-	[(3)] (4) "Federal immigration authority" means any officer,
55		-	employee or other person otherwise paid by or acting as an agent of
56		-	[United States Immigration and Customs Enforcement] ICE or any
57		-	division thereof or any officer, employee or other person otherwise
58		-	paid by or acting as an agent of the United States Department of
59		-	Homeland Security or any successor agency thereto who is charged
60		-	with enforcement of the civil provisions of the Immigration and Substitute Senate Bill No. 992
	37	+	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00992-
	38	+	R01-SB.docx }
	39	+	2 of 8
61	40
62		-	Public Act No. 19-20 3 of 8
	41	+	of a federal immigration authority; 18
	42	+	(C) Providing notification of the release date and time of an 19
	43	+	individual in custody; and 20
	44	+	(D) Notifying a law enforcement officer, through DHS Form I-247A, 21
	45	+	or any other form used by the United States Department of Homeland 22
	46	+	Security or any successor agency thereto, of the federal immigration 23
	47	+	authority's intent to take custody of an individual; 24
	48	+	[(2) "Convicted of a felony" means that a person has been convicted 25
	49	+	of a felony, as defined in section 53a-25, pursuant to a final judgment 26
	50	+	of guilt entered by a court in this state or in a court of competent 27
	51	+	jurisdiction within the United States upon a plea of guilty, a plea of 28
	52	+	nolo contendere or a finding of guilty by a jury or the court 29
	53	+	notwithstanding any pending appeal or habeas corpus proceeding 30
	54	+	arising from such judgment;] 31
	55	+	(3) "Confidential information" means any information obtained and 32
	56	+	maintained by a law enforcement agency relating to (A) an 33
	57	+	individual's (i) sexual orientation, (ii) status as a victim of domestic 34
	58	+	violence or sexual assault, or (iii) immigration status, (B) whether such 35
	59	+	individual is a (i) crime witness, or (ii) recipient of public assistance, or 36
	60	+	(C) an individual's income tax or other financial records, including, but 37
	61	+	not limited to, Social Security numbers; 38
	62	+	[(3)] (4) "Federal immigration authority" means any officer, 39
	63	+	employee or other person otherwise paid by or acting as an agent of 40
	64	+	[United States Immigration and Customs Enforcement] ICE or any 41
	65	+	division thereof or any officer, employee or other person otherwise 42
	66	+	paid by or acting as an agent of the United States Department of 43
	67	+	Homeland Security or any successor agency thereto who is charged 44
	68	+	with enforcement of the civil provisions of the Immigration and 45
	69	+	Nationality Act; [and] 46
	70	+	(5) "ICE" means United States Immigration and Customs 47
	71	+	Enforcement or any successor agency thereto; 48 Substitute Bill No. 992
63	72
64		-	Nationality Act; [and]
65		-	(5) "ICE" means United States Immigration and Customs
66		-	Enforcement or any successor agency thereto;
67		-	(6) "ICE access" means any of the following actions taken by a law
68		-	enforcement officer with respect to an individual who is stopped by a
69		-	law enforcement officer with or without the individual's consent,
70		-	arrested, detained or otherwise under the control of a law enforcement
71		-	official or agency:
72		-	(A) Responding to a civil immigration detainer or request for
73		-	notification pursuant to subparagraph (B) of this subdivision
74		-	concerning such individual;
75		-	(B) Providing notification to a federal immigration authority that
76		-	such individual is being or will be released at a certain date and time
77		-	through data sharing or otherwise;
78		-	(C) Providing a federal immigration authority nonpublicly available
79		-	information concerning such individual regarding release date or time,
80		-	home address or work address, whether obtained through a computer
81		-	database or otherwise;
82		-	(D) Allowing a federal immigration authority to interview such
83		-	individual under the control of the law enforcement agency;
84		-	(E) Allowing a federal immigration authority to use a facility or
85		-	resources in the control of a law enforcement agency to conduct
86		-	interviews, administrative proceedings or other immigration
87		-	enforcement activities concerning such individual; or
88		-	(F) Providing a federal immigration authority information
89		-	regarding dates and times of probation or parole supervision or any
90		-	other information related to such individual's compliance with the Substitute Senate Bill No. 992
91	73
92		-	Public Act No. 19-20 4 of 8
	74	+	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00992-
	75	+	R01-SB.docx }
	76	+	3 of 8
93	77
94		-	terms of probation or parole;
95		-	"ICE access" does not include submission by a law enforcement officer
96		-	of fingerprints to the Automated Fingerprints Identification system of
97		-	an arrested individual or the accessing of information from the
98		-	National Crime Information Center by a law enforcement officer
99		-	concerning an arrested individual;
100		-	(7) "Judicial officer" means any judge of the state or federal judicial
101		-	branches and any federal magistrate judge. "Judicial officer" does not
102		-	mean an immigration judge;
103		-	(8) "Law enforcement agency" means any agency for which a law
104		-	enforcement officer is an employee of or otherwise paid by or acting as
105		-	an agent of;
106		-	[(4)] (9) "Law enforcement officer" means:
107		-	(A) Each officer, employee or other person otherwise paid by or
108		-	acting as an agent of the Department of Correction;
109		-	(B) Each officer, employee or other person otherwise paid by or
110		-	acting as an agent of a municipal police department;
111		-	(C) Each officer, employee or other person otherwise paid by or
112		-	acting as an agent of the Division of State Police within the
113		-	Department of Emergency Services and Public Protection; and
114		-	(D) Each judicial marshal, [and] state marshal, [.] bail commissioner
115		-	and adult probation officer; and
116		-	(10) "School police or security department" means any police or
117		-	security department of (A) the constituent units of the state system of
118		-	higher education, as defined in section 10a-1, (B) a public school, or (C)
119		-	a local or regional school district. Substitute Senate Bill No. 992
	78	+	(6) "ICE access" means any of the following actions taken by a law 49
	79	+	enforcement officer with respect to an individual who is stopped by a 50
	80	+	law enforcement officer with or without the individual's consent, 51
	81	+	arrested, detained or otherwise under the control of a law enforcement 52
	82	+	official or agency: 53
	83	+	(A) Responding to a civil immigration detainer or request for 54
	84	+	notification pursuant to subparagraph (B) of this subdivision 55
	85	+	concerning such individual; 56
	86	+	(B) Providing notification to a federal immigration authority that 57
	87	+	such individual is being or will be released at a certain date and time 58
	88	+	through data sharing or otherwise; 59
	89	+	(C) Providing a federal immigration authority nonpublicly available 60
	90	+	information concerning such individual regarding release date or time, 61
	91	+	home address or work address, whether obtained through a computer 62
	92	+	database or otherwise; 63
	93	+	(D) Allowing a federal immigration authority to interview such 64
	94	+	individual under the control of the law enforcement agency; 65
	95	+	(E) Allowing a federal immigration authority to use a facility or 66
	96	+	resources in the control of a law enforcement agency to conduct 67
	97	+	interviews, administrative proceedings or other immigration 68
	98	+	enforcement activities concerning such individual; or 69
	99	+	(F) Providing a federal immigration authority information 70
	100	+	regarding dates and times of probation or parole supervision or any 71
	101	+	other information related to such individual's compliance with the 72
	102	+	terms of probation or parole; 73
	103	+	(7) "Judicial officer" means any judge of the state or federal judicial 74
	104	+	branches other than an immigration judge; 75
	105	+	(8) "Law enforcement agency" means any agency for which a law 76
	106	+	enforcement officer is an employee of or otherwise paid by or acting as 77 Substitute Bill No. 992
120	107
121		-	Public Act No. 19-20 5 of 8
122	108
123		-	(b) (1) No law enforcement officer [who receives a civil immigration
124		-	detainer with respect to an individual who is in the custody of the law
125		-	enforcement officer shall detain such] or employee of a school police or
126		-	security department shall:
127		-	(A) Arrest or detain an individual pursuant to [such] a civil
128		-	immigration detainer unless the [law enforcement official determines
129		-	that the individual:] detainer is accompanied by a warrant issued or
130		-	signed by a judicial officer;
131		-	[(1) Has been convicted of a felony;
132		-	(2) Is subject to pending criminal charges in this state where bond
133		-	has not been posted;
134		-	(3) Has an outstanding arrest warrant in this state;
135		-	(4) Is identified as a known gang member in the database of the
136		-	National Crime Information Center or any similar database or is
137		-	designated as a Security Risk Group member or a Security Risk Group
138		-	Safety Threat member by the Department of Correction;
139		-	(5) Is identified as a possible match in the federal Terrorist Screening
140		-	Database or similar database;
141		-	(6) Is subject to a final order of deportation or removal issued by a
142		-	federal immigration authority; or
143		-	(7) Presents an unacceptable risk to public safety, as determined by
144		-	the law enforcement officer.]
145		-	(B) Expend or use time, money, facilities, property, equipment,
146		-	personnel or other resources to communicate with a federal
147		-	immigration authority regarding the custody status or release of an
148		-	individual targeted by a civil immigration detainer, except as provided
149		-	in subsection (e) of this section; Substitute Senate Bill No. 992
	109	+	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00992-
	110	+	R01-SB.docx }
	111	+	4 of 8
150	112
151		-	Public Act No. 19-20 6 of 8
	113	+	an agent of; 78
	114	+	[(4)] (9) "Law enforcement officer" means: 79
	115	+	(A) Each officer, employee or other person otherwise paid by or 80
	116	+	acting as an agent of the Department of Correction; 81
	117	+	(B) Each officer, employee or other person otherwise paid by or 82
	118	+	acting as an agent of a municipal police department; 83
	119	+	(C) Each officer, employee or other person otherwise paid by or 84
	120	+	acting as an agent of the Division of State Police within the 85
	121	+	Department of Emergency Services and Public Protection; and 86
	122	+	(D) Each judicial marshal, [and] state marshal, [.] bail commissioner 87
	123	+	and adult probation officer; and 88
	124	+	(10) "School police or security department" means any police or 89
	125	+	security department of (A) the constituent units of the state system of 90
	126	+	higher education, as defined in section 10a-1, (B) a public school, or (C) 91
	127	+	a local or regional school district. 92
	128	+	(b) No law enforcement officer [who receives a civil immigration 93
	129	+	detainer with respect to an individual who is in the custody of the law 94
	130	+	enforcement officer shall detain such] or employee of a school police or 95
	131	+	security department shall: 96
	132	+	(1) Detain an individual pursuant to [such] a civil immigration 97
	133	+	detainer unless the [law enforcement official determines that the 98
	134	+	individual:] detainer is accompanied by a warrant issued or signed by 99
	135	+	a judicial officer; 100
	136	+	[(1) Has been convicted of a felony; 101
	137	+	(2) Is subject to pending criminal charges in this state where bond 102
	138	+	has not been posted; 103
	139	+	(3) Has an outstanding arrest warrant in this state; 104 Substitute Bill No. 992
152	140
153		-	(C) Arrest or detain an individual based on an administrative
154		-	warrant;
155		-	(D) Give a federal immigration authority access to interview an
156		-	individual who is in the custody of a law enforcement agency; or
157		-	(E) Perform any function of a federal immigration authority,
158		-	whether pursuant to 8 USC 1357(g) or any other law, regulation,
159		-	agreement, contract or policy, whether formal or informal.
160		-	(2) The provisions of this subsection shall not prohibit submission
161		-	by a law enforcement officer of fingerprints to the Automated
162		-	Fingerprints Identification system of an arrested individual or the
163		-	accessing of information from the National Crime Information Center
164		-	by a law enforcement officer concerning an arrested individual.
165		-	[(c) Upon determination by the law enforcement officer that such
166		-	individual is to be detained or released, the law enforcement officer
167		-	shall immediately notify United States Immigration and Customs
168		-	Enforcement. If the individual is to be detained, the law enforcement
169		-	officer shall inform United States Immigration and Customs
170		-	Enforcement that the individual will be held for a maximum of forty-
171		-	eight hours, excluding Saturdays, Sundays and federal holidays. If
172		-	United States Immigration and Customs Enforcement fails to take
173		-	custody of the individual within such forty-eight-hour period, the law
174		-	enforcement officer shall release the individual. In no event shall an
175		-	individual be detained for longer than such forty-eight-hour period
176		-	solely on the basis of a civil immigration detainer.]
177		-	(c) Prior to responding to a request for notification of an individual's
178		-	release date and time from custody of a law enforcement agency, the
179		-	law enforcement officer shall forward the request to the head of the
180		-	law enforcement agency for review.
181		-	(d) Any confidential information of an individual who comes into Substitute Senate Bill No. 992
182	141
183		-	Public Act No. 19-20 7 of 8
	142	+	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00992-
	143	+	R01-SB.docx }
	144	+	5 of 8
184	145
185		-	contact with a law enforcement officer may be disclosed to a federal
186		-	immigration authority only if such disclosure is:
187		-	(1) Authorized in writing by the individual to whom the
188		-	information pertains, or by the parent or guardian of such individual if
189		-	the individual is a minor or not legally competent to consent to such
190		-	disclosure;
191		-	(2) Necessary in furtherance of a criminal investigation of terrorism;
192		-	or
193		-	(3) Otherwise required by law.
194		-	(e) (1) Upon receiving a civil immigration detainer, a law
195		-	enforcement agency shall provide a copy of the detainer to the affected
196		-	individual who is the subject of the detainer and inform the individual
197		-	whether the law enforcement agency intends to comply with the
198		-	detainer. If a law enforcement agency provides ICE with notification
199		-	that an individual is being, or will be released on a certain date, the
200		-	law enforcement agency shall promptly provide to the individual and
201		-	to the individual's attorney or one other individual who the individual
202		-	may designate, a copy of such notification as well as the reason, in
203		-	writing, that such law enforcement agency is complying with the
204		-	detainer.
205		-	(2) All records relating to ICE access maintained by law enforcement
206		-	agencies shall be deemed public records under the Freedom of
207		-	Information Act, as defined in section 1-200. Records relating to ICE
208		-	access include, but are not limited to, data maintained by the law
209		-	enforcement agency regarding the number and demographic data of
210		-	individuals to whom the agency has provided ICE access, the date ICE
211		-	access was provided to an individual, the type of ICE access provided
212		-	to an individual, the amount of resources expended on providing ICE
213		-	access and any communication between the law enforcement agency Substitute Senate Bill No. 992
	146	+	(4) Is identified as a known gang member in the database of the 105
	147	+	National Crime Information Center or any similar database or is 106
	148	+	designated as a Security Risk Group member or a Security Risk Group 107
	149	+	Safety Threat member by the Department of Correction; 108
	150	+	(5) Is identified as a possible match in the federal Terrorist Screening 109
	151	+	Database or similar database; 110
	152	+	(6) Is subject to a final order of deportation or removal issued by a 111
	153	+	federal immigration authority; or 112
	154	+	(7) Presents an unacceptable risk to public safety, as determined by 113
	155	+	the law enforcement officer.] 114
	156	+	(2) Expend or use time, money, facilities, property, equipment, 115
	157	+	personnel or other resources to communicate with a federal 116
	158	+	immigration authority regarding the custody status or release of an 117
	159	+	individual targeted by a civil immigration detainer, except as provided 118
	160	+	in subsection (e) of this section; 119
	161	+	(3) Arrest or detain an individual based on a civil immigration 120
	162	+	detainer or an administrative warrant; 121
	163	+	(4) Give a federal immigration authority access to interview an 122
	164	+	individual who is in the custody of a law enforcement agency; 123
	165	+	(5) Perform any function of a federal immigration authority, 124
	166	+	whether pursuant to 8 USC 1357(g) or any other law, regulation, 125
	167	+	agreement, contract or policy, whether formal or informal; or 126
	168	+	(6) Expend or use time, money, facilities, property, equipment, 127
	169	+	personnel or other resources to investigate, enforce or assist in the 128
	170	+	investigation or enforcement of any federal program requiring 129
	171	+	registration of an individual on the basis of race, gender, age, sexual 130
	172	+	orientation, religion, country from which the individual has 131
	173	+	immigrated or national or ethnic origin. 132 Substitute Bill No. 992
214	174
215		-	Public Act No. 19-20 8 of 8
216	175
217		-	and any federal immigration authority.
218		-	(3) Beginning January 1, 2020, the legislative body of any
219		-	municipality with a law enforcement agency that has provided ICE
220		-	access to an individual during the prior month shall provide to the
221		-	Office of Policy and Management, on an ongoing monthly basis, data
222		-	regarding the number and demographic data of individuals to whom
223		-	the law enforcement agency has provided ICE access, the date ICE
224		-	access was provided to an individual and whether the ICE access was
225		-	provided as part of compliance with a civil immigration detainer or
226		-	through other means. Data may be provided in the form of statistics or,
227		-	if statistics are not maintained, as individual records, provided
228		-	personally identifiable information is redacted.
229		-	(f) The Office of Policy and Management shall ensure that the
230		-	requirements of this section are disseminated to, and appropriate
231		-	training is provided for, all affected law enforcement agencies and
232		-	school police or security departments and employees and agents of
233		-	such law enforcement agencies and school police or security
234		-	departments. Such training may entail how law enforcement officers
235		-	and other officials performing similar duties will adhere to the
236		-	provisions of this section and how they will interact with crime
237		-	victims, criminal suspects and individuals cooperating with law
238		-	enforcement officers.
239		-	(g) No provision of this section shall be construed to provide,
240		-	expand or ratify the legal authority of any law enforcement agency to
241		-	detain an individual based on a civil immigration detainer request.
	176	+	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00992-
	177	+	R01-SB.docx }
	178	+	6 of 8
	179	+
	180	+	[(c) Upon determination by the law enforcement officer that such 133
	181	+	individual is to be detained or released, the law enforcement officer 134
	182	+	shall immediately notify United States Immigration and Customs 135
	183	+	Enforcement. If the individual is to be detained, the law enforcement 136
	184	+	officer shall inform United States Immigration and Customs 137
	185	+	Enforcement that the individual will be held for a maximum of forty-138
	186	+	eight hours, excluding Saturdays, Sundays and federal holidays. If 139
	187	+	United States Immigration and Customs Enforcement fails to take 140
	188	+	custody of the individual within such forty-eight-hour period, the law 141
	189	+	enforcement officer shall release the individual. In no event shall an 142
	190	+	individual be detained for longer than such forty-eight-hour period 143
	191	+	solely on the basis of a civil immigration detainer.] 144
	192	+	(c) Prior to responding to a request for notification of an individual's 145
	193	+	release date and time from custody of a law enforcement agency, the 146
	194	+	law enforcement officer shall forward the request to the head of the 147
	195	+	law enforcement agency for review. 148
	196	+	(d) Any confidential information of an individual who comes into 149
	197	+	contact with a law enforcement officer may be disclosed to a federal 150
	198	+	immigration authority only if such disclosure is: 151
	199	+	(1) Authorized in writing by the individual to whom the 152
	200	+	information pertains, or by the parent or guardian of such individual if 153
	201	+	the individual is a minor or not legally competent to consent to such 154
	202	+	disclosure; 155
	203	+	(2) Necessary in furtherance of a criminal investigation of potential 156
	204	+	terrorism; or 157
	205	+	(3) Otherwise required by law. 158
	206	+	(e) (1) Upon receiving a civil immigration detainer, a law 159
	207	+	enforcement agency shall provide a copy of the detainer to the affected 160
	208	+	individual who is the subject of the detainer and inform the individual 161
	209	+	whether the law enforcement agency intends to comply with the 162
	210	+	detainer. If a law enforcement agency provides ICE with notification 163 Substitute Bill No. 992
	211	+
	212	+
	213	+	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00992-
	214	+	R01-SB.docx }
	215	+	7 of 8
	216	+
	217	+	that an individual is being, or will be released on a certain date, the 164
	218	+	law enforcement agency shall promptly provide to the individual and 165
	219	+	to the individual's attorney or one other individual who the individual 166
	220	+	may designate, a copy of such notification as well as the reason, in 167
	221	+	writing, that such law enforcement agency is complying with the 168
	222	+	detainer. 169
	223	+	(2) All records relating to ICE access maintained by law enforcement 170
	224	+	agencies shall be deemed public records under the Freedom of 171
	225	+	Information Act, as defined in section 1-200. Records relating to ICE 172
	226	+	access include, but are not limited to, data maintained by the law 173
	227	+	enforcement agency regarding the number and demographic data of 174
	228	+	individuals to whom the agency has provided ICE access, the date ICE 175
	229	+	access was provided to an individual, the type of ICE access provided 176
	230	+	to an individual, the amount of resources expended on providing ICE 177
	231	+	access and any communication between the law enforcement agency 178
	232	+	and any federal immigration authority. 179
	233	+	(3) Beginning January 1, 2020, the legislative body of any 180
	234	+	municipality with a law enforcement agency that has provided ICE 181
	235	+	access to an individual during the prior month shall provide to the 182
	236	+	Office of Policy and Management, on an ongoing monthly basis, data 183
	237	+	regarding the number and demographic data of individuals to whom 184
	238	+	the law enforcement agency has provided ICE access, the date ICE 185
	239	+	access was provided to an individual and whether the ICE access was 186
	240	+	provided as part of compliance with a civil immigration detainer or 187
	241	+	through other means. Data may be provided in the form of statistics or, 188
	242	+	if statistics are not maintained, as individual records, provided 189
	243	+	personally identifiable information is redacted. 190
	244	+	(f) The Office of Policy and Management shall ensure that the 191
	245	+	requirements of this section are disseminated to, and appropriate 192
	246	+	training is provided for, all affected law enforcement agencies and 193
	247	+	school police or security departments and employees and agents of 194
	248	+	such law enforcement agencies and school police or security 195
	249	+	departments. Such training may entail how law enforcement officers 196 Substitute Bill No. 992
	250	+
	251	+
	252	+	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00992-
	253	+	R01-SB.docx }
	254	+	8 of 8
	255	+
	256	+	and other officials performing similar duties will adhere to the 197
	257	+	provisions of this section and how they will interact with crime 198
	258	+	victims, potential criminal suspects and individuals cooperating with 199
	259	+	law enforcement officers. 200
	260	+	(g) No provision of this section shall be construed to provide, 201
	261	+	expand or ratify the legal authority of any law enforcement agency to 202
	262	+	detain an individual based on a civil immigration detainer request. 203
	263	+	This act shall take effect as follows and shall amend the following
	264	+	sections:
	265	+
	266	+	Section 1 October 1, 2019 54-192h
	267	+
	268	+	Statement of Legislative Commissioners:
	269	+	Throughout the bill, plural nouns and verbs were made singular and
	270	+	"person" was changed to "individual" for consistency. In Section
	271	+	1(a)(2)(B), clause designators were added for clarity; in Section 1(a)(6),
	272	+	the introductory language was reorganized for clarity; in Section
	273	+	1(a)(6)(A), a reference was added to Subparagraph (B) for clarity and
	274	+	Section 2(b)(4) was reorganized for clarity.
	275	+
	276	+	JUD Joint Favorable Subst. -LCO
242	277