Connecticut 2025 Regular Session

Connecticut House Bill HB07212 Compare Versions

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5-General Assembly Substitute Bill No. 7212
5+General Assembly Raised Bill No. 7212
66 January Session, 2025
7+LCO No. 6224
8+
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10+Referred to Committee on JUDICIARY
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13+Introduced by:
14+(JUD)
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12-AN ACT CONCERNING THE TRUST ACT AND PROHIBITED STATE
13-CONTRACTS.
19+AN ACT CONCERNING THE TRUST ACT.
1420 Be it enacted by the Senate and House of Representatives in General
1521 Assembly convened:
1622
1723 Section 1. Section 54-192h of the general statutes is repealed and the 1
1824 following is substituted in lieu thereof (Effective October 1, 2025): 2
1925 (a) For the purposes of this section: 3
2026 (1) "Administrative warrant" means a warrant, notice to appear, 4
2127 removal order or warrant of deportation issued by an agent of a federal 5
2228 agency charged with the enforcement of immigration laws or the 6
2329 security of the borders, including ICE and the United States Customs 7
2430 and Border Protection, but does not include a warrant issued or signed 8
2531 by a judicial officer. 9
2632 (2) "Civil immigration detainer" means a request from a federal 10
2733 immigration authority to a local or state law enforcement agency for a 11
2834 purpose including, but not limited to: 12
2935 (A) Detaining an individual suspected of violating a federal 13
3036 immigration law or who has been issued a final order of removal; 14
31-(B) Facilitating the (i) arrest of an individual by a federal immigration 15
32-authority, or (ii) transfer of an individual to the custody of a federal 16 Substitute Bill No. 7212
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43+(B) Facilitating the (i) arrest of an individual by a federal immigration 15
44+authority, or (ii) transfer of an individual to the custody of a federal 16
3745 immigration authority; 17
3846 (C) Providing notification of the release date and time of an 18
3947 individual in custody; and 19
4048 (D) Notifying a law enforcement officer, through DHS Form I-247A, 20
4149 or any other form used by the United States Department of Homeland 21
4250 Security or any successor agency thereto, of the federal immigration 22
4351 authority's intent to take custody of an individual; 23
4452 (3) "Confidential information" means any information obtained and 24
4553 maintained by a law enforcement agency relating to (A) an individual's 25
4654 (i) sexual orientation, or (ii) status as a victim of domestic violence or 26
4755 sexual assault, (B) whether such individual is a (i) crime witness, or (ii) 27
4856 recipient of public assistance, or (C) an individual's income tax or other 28
4957 financial records, including, but not limited to, Social Security numbers; 29
5058 (4) "Federal immigration authority" means any officer, employee or 30
5159 other person otherwise paid by or acting as an agent of ICE or any 31
5260 division thereof or any officer, employee or other person otherwise paid 32
5361 by or acting as an agent of the United States Department of Homeland 33
5462 Security or any successor agency thereto who is charged with 34
5563 enforcement of the civil provisions of the Immigration and Nationality 35
5664 Act; 36
5765 (5) "ICE" means United States Immigration and Customs 37
5866 Enforcement or any successor agency thereto; 38
5967 (6) "ICE access" means any of the following actions taken by a law 39
6068 enforcement officer with respect to an individual who is stopped by a 40
6169 law enforcement officer with or without the individual's consent, 41
6270 arrested, detained or otherwise under the control of a law enforcement 42
6371 official or agency: 43
72+Raised Bill No. 7212
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6478 (A) Responding to a civil immigration detainer or request for 44
6579 notification pursuant to subparagraph (B) of this subdivision 45
66-concerning such individual; 46 Substitute Bill No. 7212
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80+concerning such individual; 46
7181 (B) Providing notification to a federal immigration authority that 47
7282 such individual is being or will be released at a certain date and time 48
7383 through data sharing or otherwise; 49
7484 (C) Providing a federal immigration authority nonpublicly available 50
7585 information concerning such individual regarding release date or time, 51
7686 home address or work address, whether obtained through a computer 52
7787 database or otherwise; 53
7888 (D) Allowing a federal immigration authority to interview such 54
7989 individual under the control of the law enforcement agency; 55
8090 (E) Allowing a federal immigration authority to use a facility or 56
8191 resources in the control of a law enforcement agency to conduct 57
8292 interviews, administrative proceedings or other immigration 58
8393 enforcement activities concerning such individual; or 59
8494 (F) Providing a federal immigration authority information regarding 60
8595 dates and times of probation or parole supervision or any other 61
8696 information related to such individual's compliance with the terms of 62
8797 probation or parole; 63
8898 "ICE access" does not include submission by a law enforcement 64
8999 officer of fingerprints to the Automated Fingerprints Identification 65
90100 system of an arrested individual or the accessing of information from 66
91101 the National Crime Information Center by a law enforcement officer 67
92102 concerning an arrested individual; 68
93103 (7) "Judicial officer" means any judge of the state or federal judicial 69
94104 branches and any federal magistrate judge. "Judicial officer" does not 70
95105 mean an immigration judge; 71
96106 (8) "Law enforcement agency" means any agency for which a law 72
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97113 enforcement officer is an employee of or otherwise paid by or acting as 73
98114 an agent of; 74
99-(9) "Law enforcement officer" means: 75 Substitute Bill No. 7212
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115+(9) "Law enforcement officer" means: 75
104116 (A) Each officer, employee or other person otherwise paid by or 76
105117 acting as an agent of the Department of Correction; 77
106118 (B) Each officer, employee or other person otherwise paid by or acting 78
107119 as an agent of a municipal police department; 79
108120 (C) Each officer, employee or other person otherwise paid by or 80
109121 acting as an agent of the Division of State Police within the Department 81
110122 of Emergency Services and Public Protection; [and] 82
111123 (D) Each judicial marshal, state marshal and adult or juvenile 83
112124 probation officer; 84
113125 (E) Each state's attorney, assistant state's attorney, supervising state's 85
114126 attorney, special deputy assistant state's attorney and each officer, 86
115127 employee or other person otherwise paid by or acting as an agent of the 87
116128 Division of Criminal Justice; and 88
117129 (F) Each officer, employee or other person otherwise paid by or acting 89
118130 as an agent of the Board of Pardons and Paroles; 90
119131 (10) "Bail commissioner or intake, assessment or referral specialist" 91
120132 means an employee of the Judicial Branch whose duties are described in 92
121133 section 54-63d; [and] 93
122134 (11) "School police or security department" means any police or 94
123135 security department of (A) the constituent units of the state system of 95
124136 higher education, as defined in section 10a-1, (B) a public school, or (C) 96
125137 a local or regional school district; and 97
126138 (12) "Public agency" has the same meaning as provided in section 1-98
127139 200. 99
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128146 (b) (1) No law enforcement officer, bail commissioner or intake, 100
129147 assessment or referral specialist, or employee of a school police or 101
130148 security department shall: 102
131-(A) Arrest or detain an individual pursuant to a civil immigration 103 Substitute Bill No. 7212
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149+(A) Arrest or detain an individual pursuant to a civil immigration 103
136150 detainer unless (i) the detainer is accompanied by a warrant issued or 104
137151 signed by a judicial officer, (ii) the individual has been convicted of a 105
138152 class A or B felony offense, or (iii) the individual is identified as a 106
139153 possible match in the federal Terrorist Screening Database or similar 107
140154 database; 108
141155 (B) Expend or use time, money, facilities, property, equipment, 109
142156 personnel or other resources to communicate with a federal 110
143157 immigration authority regarding the custody status or release of an 111
144158 individual targeted by a civil immigration detainer, except as provided 112
145159 in subsection [(e)] (f) of this section; 113
146160 (C) Arrest or detain an individual based on an administrative 114
147161 warrant; 115
148162 (D) Give a federal immigration authority access to interview an 116
149163 individual who is in the custody of a law enforcement agency unless the 117
150164 individual (i) has been convicted of a class A or B felony offense, (ii) is 118
151165 identified as a possible match in the federal Terrorist Screening 119
152166 Database or similar database, or (iii) is the subject of a court order issued 120
153167 under 8 USC 1225(d)(4)(B); or 121
154168 (E) Perform any function of a federal immigration authority, whether 122
155169 pursuant to 8 USC 1357(g) or any other law, regulation, agreement, 123
156170 contract or policy, whether formal or informal. 124
157171 (2) The provisions of this subsection shall not prohibit submission by 125
158172 a law enforcement officer of fingerprints to the Automated Fingerprints 126
159173 Identification system of an arrested individual or the accessing of 127
160174 information from the National Crime Information Center by a law 128
161175 enforcement officer concerning an arrested individual. 129
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162182 (c) (1) No public agency or officer, employee or other person 130
163183 otherwise paid by or acting as an agent of a public agency shall use 131
164184 interpretation services provided by a federal immigration authority. 132
165-(2) Except as provided in subdivision (3) of this subsection, no public 133 Substitute Bill No. 7212
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185+(2) Except as provided in subdivision (3) of this subsection, no public 133
170186 agency or officer, employee or other person otherwise paid by or acting 134
171187 as an agent of a public agency shall disclose, for the purpose of 135
172188 enforcement of federal immigration law, or in response to a request or 136
173189 inquiry of any kind referencing a person's immigration status: (A) A 137
174190 person's address; (B) a person's workplace or hours of work; (C) a 138
175191 person's school or school hours; or (D) the date, time or location of a 139
176192 person's hearings, proceedings or appointments with the public agency 140
177193 that are not matters of public record. 141
178194 (3) A public agency or officer, employee or other person otherwise 142
179195 paid by or acting as an agent of a public agency may disclose 143
180-information prohibited from disclosure under subdivision (2) of this 144
196+information prohibited from disclosure under subdivision (3) of this 144
181197 subsection or subsection (e) or (f) of this section, only (A) if required to 145
182-do so by a judicial warrant or subpoena signed by a judicial officer, or 146
183-(B) to the extent that such information is publicly available and such 147
198+do so by a judicial warrant or subpoena signed by a judicial officer, (B) 146
199+to the extent that such information is publicly available and such 147
184200 disclosure is under the same terms and conditions as available to the 148
185-general public. 149
186-[(c)] (d) Prior to responding to a request for notification of the release 150
187-date and time from custody of a law enforcement agency of an 151
188-individual suspected of violating a federal immigration law or who has 152
189-been issued a final order of removal, the law enforcement officer shall 153
190-forward the request to the head of the law enforcement agency for 154
191-review. 155
201+general public, (C) if otherwise required by law, or (D) if the information 149
202+is required to advance an investigation into a violation of criminal law. 150
203+(d) Prior to responding to a request for notification of the release date 151
204+and time from custody of a law enforcement agency of an individual 152
205+suspected of violating a federal immigration law or who has been issued 153
206+a final order of removal, the law enforcement officer shall forward the 154
207+request to the head of the law enforcement agency for review. 155
192208 [(d)] (e) Any confidential information of an individual who comes 156
193209 into contact with a law enforcement officer may be disclosed to a federal 157
194210 immigration authority only if such disclosure is: 158
195211 (1) Authorized in writing by the individual to whom the information 159
196212 pertains, or by the parent or guardian of such individual if the 160
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197219 individual is a minor or not legally competent to consent to such 161
198220 disclosure; 162
199221 (2) Necessary in furtherance of a criminal investigation of terrorism; 163
200-or 164 Substitute Bill No. 7212
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222+or 164
205223 (3) Otherwise required by law. 165
206224 [(e)] (f) (1) Upon receiving a civil immigration detainer, a law 166
207225 enforcement agency shall provide a copy of the detainer to the affected 167
208226 individual who is the subject of the detainer and inform the individual 168
209227 whether the law enforcement agency intends to comply with the 169
210228 detainer. If a law enforcement agency provides ICE with notification 170
211229 that an individual is being, or will be released on a certain date, the law 171
212230 enforcement agency shall promptly provide to the individual and to the 172
213231 individual's attorney or shall make a good faith effort to contact one 173
214232 other individual who the individual may designate, a copy of such 174
215233 notification as well as the reason, in writing, that such law enforcement 175
216234 agency is complying with the detainer. 176
217235 (2) All records relating to ICE access maintained by law enforcement 177
218236 agencies shall be deemed public records under the Freedom of 178
219237 Information Act, as defined in section 1-200. Records relating to ICE 179
220238 access include, but are not limited to, data maintained by the law 180
221239 enforcement agency regarding the number and demographic data of 181
222240 individuals to whom the agency has provided ICE access, the date ICE 182
223241 access was provided to an individual, the type of ICE access provided 183
224242 to an individual, the amount of resources expended on providing ICE 184
225243 access and any communication between the law enforcement agency 185
226244 and any federal immigration authority. No provision of this section 186
227245 shall be construed to require disclosure of any record exempt from 187
228246 disclosure under section 1-210 or 1-215. 188
229247 (3) (A) Beginning January 1, 2020, the legislative body of any 189
230248 municipality with a law enforcement agency that has provided ICE 190
231249 access to an individual during the prior six months shall provide to the 191
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232256 Office of Policy and Management, on an ongoing basis every six months, 192
233257 data regarding the number and demographic data of individuals to 193
234258 whom the law enforcement agency has provided ICE access, the date 194
235259 ICE access was provided to an individual and whether the ICE access 195
236260 was provided as part of compliance with a civil immigration detainer or 196
237-through other means. Data may be provided in the form of statistics or, 197 Substitute Bill No. 7212
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261+through other means. Data may be provided in the form of statistics or, 197
242262 if statistics are not maintained, as individual records, provided 198
243263 personally identifiable information is redacted. 199
244264 (B) Beginning January 1, 2026, each public agency shall provide to the 200
245265 Office of Policy and Management, on an ongoing basis every six months, 201
246266 data regarding any request for disclosure of information, as described 202
247267 in subsection (c) of this section, the date the request was made and the 203
248268 response to the request, including whether any information was 204
249269 disclosed in response to the request. Data may be provided in the form 205
250270 of statistics or, if statistics are not maintained, as individual records, 206
251271 provided personally identifiable information is redacted. 207
252-(C) Beginning February 1, 2026, and every six months thereafter, the 208
253-Office of Policy and Management shall submit a report, in accordance 209
254-with the provisions of section 11-4a, to the Attorney General, the 210
255-Commissioner of Emergency Services and Public Protection, and the 211
256-joint standing committee of the General Assembly having cognizance of 212
257-matters relating to the judiciary, which shall include a summary of the 213
258-data reported to the Office of Policy and Management pursuant to 214
259-subparagraphs (A) and (B) of this subdivision. 215
260-[(f)] (g) The Office of Policy and Management shall ensure that the 216
261-requirements of this section are disseminated to, and appropriate 217
262-training is provided for, all [affected law enforcement agencies and 218
263-school police or security departments and employees and agents of such 219
264-law enforcement agencies and school police or security departments] 220
265-public agencies or officers, employees or other persons otherwise paid 221
266-by or acting as agents of a public agency. Such training may entail how 222
267-law enforcement officers and other officials performing similar duties 223
268-will adhere to the provisions of this section and how they will interact 224
269-with crime victims, criminal suspects and individuals cooperating with 225
270-law enforcement officers. 226
271-[(g)] (h) No provision of this section shall be construed to provide, 227
272-expand or ratify the legal authority of any law enforcement agency to 228
273-detain an individual based on a civil immigration detainer request. 229 Substitute Bill No. 7212
272+[(f)] (g) The Office of Policy and Management shall ensure that the 208
273+requirements of this section are disseminated to, and appropriate 209
274+training is provided for, all [affected law enforcement agencies and 210
275+school police or security departments and employees and agents of such 211
276+law enforcement agencies and school police or security departments] 212
277+public agencies or officers, employees or other persons otherwise paid 213
278+by or acting as agents of a public agency. Such training may entail how 214
279+law enforcement officers and other officials performing similar duties 215
280+will adhere to the provisions of this section and how they will interact 216
281+with crime victims, criminal suspects and individuals cooperating with 217
282+law enforcement officers. 218
283+[(g)] (h) No provision of this section shall be construed to provide, 219
284+expand or ratify the legal authority of any law enforcement agency to 220
285+detain an individual based on a civil immigration detainer request. 221
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278-(i) (1) No person shall be subject to arrest or otherwise detained 230
279-pursuant to a civil immigration detainer in a courthouse or while 231
280-traveling to or from a courthouse for the purpose of conducting business 232
281-with the court, including attending a court proceeding as a party to such 233
282-proceeding, a witness in such proceeding or accompanying a family or 234
283-household member who is such a party or witness. 235
284-(2) The provisions of this subsection shall not (A) apply to an arrest 236
285-made pursuant to a judicial warrant, or (B) narrow or in any way lessen 237
286-any existing common law privilege. 238
287-(3) Any violation of the provisions of this subsection shall be deemed 239
288-contempt of court for purposes of section 51-33. 240
289-(4) Any person aggrieved by a violation of this subsection may bring 241
290-a civil action for equitable relief or damages in the Superior Court. A 242
291-civil action brought for damages may be triable by jury. 243
292-(5) The Attorney General may bring an action against any person who 244
293-violates the provisions of this subsection in the superior court for the 245
294-judicial district of Hartford for injunction, declaratory judgment or 246
295-mandamus. 247
296-(6) In any action pursuant to this subsection, the court may award 248
297-reasonable attorney's fees and costs incurred to the prevailing party. 249
298-(7) No action or proceeding may be commenced pursuant to this 250
299-subsection against the Judicial Branch or any court employee or official 251
300-acting lawfully pursuant to their duty to maintain safety and order in 252
301-the courts. 253
302-(j) Any municipality which violates any provision of this section shall 254
303-be subject to an action by any aggrieved person for injunction, 255
304-declaratory judgment, mandamus or a civil action for damages. Such 256
305-action may be brought in the superior court for the judicial district of 257
306-Hartford, or for the judicial district in which the person resides. Actions 258
307-for injunction, declaratory judgment or mandamus under this 259 Substitute Bill No. 7212
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312-subsection may be prosecuted by any aggrieved person or by the 260
313-Attorney General in the name of the state upon the Attorney General's 261
314-own complaint or upon the complaint of any person. Any aggrieved 262
315-person who prevails in an action under this subsection shall be entitled 263
316-to recover court costs and reasonable attorney's fees. An action under 264
317-this subsection shall be privileged with respect to assignment for trial. 265
318-Sec. 2. (NEW) (Effective October 1, 2025, and applicable to contracts 266
319-entered into on or after said date) (a) As used in this section: 267
320-(1) "State agency" means any office, department, board, council, 268
321-commission, institution or other agency in the executive, legislative or 269
322-judicial branch of state government; 270
323-(2) "State contract" means an agreement or a combination or series of 271
324-agreements between a state agency and a person, firm or corporation 272
325-having a total value of more than one thousand dollars in a calendar or 273
326-fiscal year, for (A) a project for the construction, alteration or repair of 274
327-any public building or public work, (B) services, including, but not 275
328-limited to, consulting and professional services, (C) the procurement of 276
329-supplies, materials or equipment, (D) a lease, or (E) a licensing 277
330-arrangement. "State contract" does not include a contract between a state 278
331-agency or a quasi-public agency and a political subdivision of the state; 279
332-(3) "Principals and key personnel" means officers, directors, 280
333-shareholders, members, partners and managerial employees; and 281
334-(4) "Federal immigration authority" has the same meaning as 282
335-provided in section 54-192h of the general statutes, as amended by this 283
336-act. 284
337-(b) On and after October 1, 2025, no state agency shall execute a state 285
338-contract unless such contract contains the representation described in 286
339-this section. 287
340-(c) Any principal or key personnel of the person, firm or corporation 288
341-submitting a bid or proposal for a state contract shall represent that the 289 Substitute Bill No. 7212
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346-principals and key personnel of the person, firm or corporation, and any 290
347-agent of such person, firm or corporation will not cooperate or contract 291
348-with any federal immigration authority for purposes of the detention, 292
349-holding or transportation of an individual who is subject to the 293
350-protections afforded by the provisions of section 54-192h of the general 294
351-statutes, as amended by this act. For purposes of this subsection, 295
352-"individual" does not include an individual described in subparagraph 296
353-(A) of subdivision (1) of subsection (b) of section 54-192h of the general 297
354-statutes, as amended by this act. 298
355-(d) Any bidder or proposer that does not agree to the representations 299
356-required under this section shall be rejected and the state agency shall 300
357-award the contract to the next highest ranked proposer or the next 301
358-lowest responsible qualified bidder or seek new bids or proposals. 302
359-(e) Each state agency shall include in the bid specifications or request 303
360-for proposals for a state contract a notice of the representation 304
361-requirements of this section. 305
362-(f) The Commissioner of Administrative Services shall enter into a 306
363-memorandum of understanding concerning the sharing of information 307
364-to enable the Commissioner of Administrative Services to verify any 308
365-representation made under this section. 309
366292 This act shall take effect as follows and shall amend the following
367293 sections:
368294
369295 Section 1 October 1, 2025 54-192h
370-Sec. 2 October 1, 2025, and
371-applicable to contracts
372-entered into on or after said
373-date
374-New section
375296
376-Statement of Legislative Commissioners:
377-In Section 1(i)(1), "a civil arrest" was changed to "arrest" for consistency
378-and in Section 2(c), the language was rearranged for clarity.
297+Statement of Purpose:
298+To limit the type of information disclosed to a federal immigration
299+authority and to expand such limitation to all public agencies.
379300
380-JUD Joint Favorable Subst. Substitute Bill No. 7212
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301+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
302+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
303+underlined.]
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