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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to combatting illegal immigration; 2
amending s. 768.28, F.S.; providing that specified 3
persons and entities are immune from liability for 4
damages arising from certain causes of action; 5
requiring the state to indemnify certain elected or 6
appointed persons; specifying that persons entitled to 7
indemnification are entitled to representation by the 8
Attorney General; providing applicability; creating s. 9
775.101, F.S.; creating a civil cause of action for 10
victims of any crime committed by aliens und er certain 11
circumstances against any person who knowingly and 12
willfully aided or assisted the alien in entering this 13
state; providing for venue; authorizing the recovery 14
of specified damages, attorney fees, and costs; 15
providing affirmative defenses; provid ing a statute of 16
limitations; providing a directive to the Division of 17
Law Revision; creating s. 811.101, F.S.; defining the 18
terms "alien" and "removal"; creating s. 811.102, 19
F.S.; providing criminal penalties for adult aliens 20
who knowingly enter or attemp t to enter this state 21
after entering the United States by eluding or 22
avoiding examination or inspection by immigration 23
officers; authorizing the waiver of the term of 24
imprisonment if the alien agrees to a certain written 25
HB 17A 2025A
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
agreement; providing enhanced crimi nal penalties for 26
second or subsequent convictions; prohibiting the 27
arrest of aliens under specified circumstances; 28
providing affirmative defenses; requiring the 29
detention of an alien arrested for such a violation 30
pending disposition of the case; specifyin g that such 31
aliens are not eligible for any civil citation or 32
other prearrest or postarrest diversion program; 33
requiring the arresting law enforcement agency to 34
notify certain entities; requiring the law enforcement 35
agency with custody of the alien to be r esponsible for 36
coordinating with the alien to arrange transportation 37
to the alien's country of destination and for ensuring 38
that the alien leaves the United States under certain 39
circumstances; authorizing the Department of Law 40
Enforcement to adopt rules; c reating s. 811.103, F.S.; 41
providing criminal penalties for an adult alien who, 42
after having been denied admission, excluded, 43
deported, or removed or having departed the United 44
States while an order of exclusion, deportation, or 45
removal is outstanding, ther eafter enters, attempts to 46
enter, or is at any time found in this state; 47
providing an exception; providing enhanced criminal 48
penalties for an alien whose arrest for such 49
violations was after the commission of specified 50
HB 17A 2025A
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
offenses; requiring concurrent senten ces; requiring 51
the detention of an alien arrested for such a 52
violation pending disposition of the case; specifying 53
that such aliens are not eligible for any civil 54
citation or other prearrest or postarrest diversion 55
program; requiring the arresting law enfo rcement 56
agency to notify certain entities; requiring the law 57
enforcement agency with custody of the alien to be 58
responsible for coordinating with the alien to arrange 59
transportation to the alien's country of destination 60
and for ensuring that the alien leav es the United 61
States under certain circumstances; authorizing the 62
Department of Law Enforcement to adopt rules; creating 63
s. 811.104, F.S.; providing criminal penalties for 64
persons who knowingly and willfully assist certain 65
aliens who illegally entered or r eentered the United 66
States; providing affirmative defenses; amending s. 67
948.012, F.S.; authorizing a defendant who is an alien 68
to have any term of the defendant's probationary 69
sentence converted to administrative probation by the 70
Department of Corrections under specified 71
circumstances; requiring the department to be 72
responsible for coordinating with the defendant to 73
arrange transportation under certain circumstances; 74
authorizing public funds to be used to procure 75
HB 17A 2025A
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
transportation; requiring the court to verif y certain 76
information in a hearing before the defendant's 77
departure from the United States; authorizing the 78
court to issue certain orders; authorizing the 79
department to adopt rules; providing for severability; 80
providing an effective date. 81
82
Be It Enacted by the Legislature of the State of Florida: 83
84
Section 1. Paragraph (a) of subsection (5) of section 85
768.28, Florida Statutes, is amended, and subsection (21) is 86
added to that section, to read: 87
768.28 Waiver of sovereign immunity in tort actions; 88
recovery limits; civil liability for damages caused during a 89
riot; limitation on attorney fees; statute of limitations; 90
exclusions; indemnification; risk management programs. — 91
(5)(a) Except as expressly provided in this section, the 92
state and its agencies a nd subdivisions shall be liable for tort 93
claims in the same manner and to the same extent as a private 94
individual under like circumstances, but liability may shall not 95
include punitive damages or interest for the period before 96
judgment. Neither the state n or its agencies or subdivisions 97
shall be liable to pay a claim or a judgment by any one person 98
which exceeds the sum of $200,000 or any claim or judgment, or 99
portions thereof, which, when totaled with all other claims or 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
judgments paid by the state or its agencies or subdivisions 101
arising out of the same incident or occurrence, exceeds the sum 102
of $300,000. However, a judgment or judgments may be claimed and 103
rendered in excess of these amounts and may be settled and paid 104
pursuant to this act up to $200,000 or $300,000, as the case may 105
be; and that portion of the judgment that exceeds these amounts 106
may be reported to the Legislature, but may be paid in part or 107
in whole only by further act of the Legislature. Notwithstanding 108
the limited waiver of sovereign immun ity provided herein, the 109
state or an agency or subdivision thereof may agree, within the 110
limits of insurance coverage provided, to settle a claim made or 111
a judgment rendered against it without further action by the 112
Legislature, but the state or agency or s ubdivision thereof may 113
shall not be deemed to have waived any defense of sovereign 114
immunity or to have increased the limits of its liability as a 115
result of its obtaining insurance coverage for tortious acts in 116
excess of the $200,000 or $300,000 waiver prov ided above. The 117
limitations of liability set forth in this subsection shall 118
apply to the state and its agencies and subdivisions whether or 119
not the state or its agencies or subdivisions possessed 120
sovereign immunity before July 1, 1974. 121
(21)(a) Except as provided by paragraph (d), the state, 122
its agencies and subdivisions, and their constitutional 123
officers, officials, employees, and contractors are immune from 124
liability for damages arising from a cause of action under state 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
law resulting from an action take n by any official, employee, or 126
contractor to enforce s. 811.102, s. 811.103, s. 811.104, s. 127
908.104, s. 908.11, or s. 908.13 during the course and scope of 128
the respective constitutional officer's, official's, employee's, 129
or contractor's office, employment , or contractual performance 130
for or service on behalf of the state, its agencies, or its 131
subdivisions. 132
(b) Except as provided by paragraph (d), the state shall 133
indemnify a constitutional officer, an elected or appointed 134
state official, or a state employe e or contractor for damages 135
arising from a cause of action under federal law resulting from 136
an action taken by the official, employee, or contractor to 137
enforce s. 811.102, s. 811.103, s. 811.104, s. 908.104, s. 138
908.11, or s. 908.13 during the course and sc ope of the 139
respective constitutional officer's, official's, employee's, or 140
contractor's office, employment, or contractual performance for 141
or service on behalf of the state, its agencies, or its 142
subdivisions. 143
(c) Notwithstanding any other law, an indemni fication 144
payment made under paragraph (b) is not subject to an 145
indemnification limit under the laws of the state. 146
(d) Paragraphs (a) and (b) do not apply if the court or 147
jury determines that the constitutional officer, state official, 148
employee, or contractor acted in bad faith, with conscious 149
indifference, or with recklessness. 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(e) The state shall indemnify a constitutional officer or 151
a state or local official, employee, or contractor for 152
reasonable attorney fees incurred in defense of a criminal 153
prosecution against the constitutional officer, official, 154
employee, or contractor for an action taken by the officer, 155
official, employee, or contractor to enforce s. 811.102, s. 156
811.103, s. 811.104, s. 908.104, s. 908.11, or s. 908.13 during 157
the course and scope of the constitutional officer's, 158
official's, employee's, or contractor's office, employment, or 159
contractual performance for or service on behalf of the state, 160
its agencies, or its subdivisions. 161
(f) A constitutional officer, state official, employee, or 162
contractor entitled to indemnification under paragraph (b) is 163
entitled to representation by the Attorney General in an action 164
in connection with which the officer, official, employee, or 165
contractor may be entitled to such indemnification. 166
Section 2. Section 775.101, Florida Statutes, is created 167
to read: 168
775.101 Civil actions for victims of crimes committed by 169
aliens.— 170
(1) A victim of any crime committed by an alien who 171
illegally entered or reentered the United States and then 172
entered this state has a civil cause of action against any 173
person who knowingly and willfully aided or assisted such alien 174
in entering this state. Such victim may recover damages as 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
provided in this section. 176
(a) The action may be brought in any circuit court of 177
competent jurisdiction in this state. 178
(b) A victim who prevails in any such action may recover 179
economic and noneconomic damages; punitive damages, as provided 180
in ss. 768.72, 768.725, and 768.73; reasonable attorney fees; 181
and costs. 182
1. Economic damages include, but are not limited to, past 183
and future medical and mental health expenses and all other 184
reasonable costs and expenses incurred by the victim or 185
estimated to be incurred by the victim in the future as a result 186
of the victim's injuries. 187
2. Noneconomic damages are nonfinancial losses that would 188
not have occurred but for the victimization, and include pain 189
and suffering, inconvenience, physical impairment, mental 190
anguish, disfigurement, loss of capacity for enjoyment of life, 191
and other nonfinancial losses. 192
(c) The civil remedies provided for in this section do not 193
preempt any other remedy or cause of action provided by law. 194
(d) The court has specific authority to consolidate civil 195
actions for the same defendant for the purpose of case 196
resolution and aggregate jurisdiction. 197
(2) It is an affirmative defense to a claim brought under 198
this section if: 199
(a) The person is a federal, state, or local government 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
employee working within the course and scope of his or her 201
employment and the aid or assistance provided t o an alien is 202
limited to the aid or assistance authorized by the governmental 203
entity for which the person works; or 204
(b) The person is an agent or works for an entity under 205
contract with a federal, state, or local government to provide 206
services to persons, including aliens, and the aid or assistance 207
provided to an alien is limited to the aid or assistance 208
authorized by the government explicitly in that contract, 209
memorandum of understanding, appendix, or other written document 210
or direction. 211
(3) The statute of limitations as specified in s. 95.11(7) 212
or (9), as applicable, governs an action brought under this 213
section. 214
Section 3. The Division of Law Revision is directed to 215
create chapter 811, to be entitled "ALIENS, NATIONALITY, AND 216
IMMIGRATION," consisti ng of ss. 811.101, 811.102, 811.103, and 217
811.104, Florida Statutes. 218
Section 4. Section 811.101, Florida Statutes, is created 219
to read: 220
811.101 Definitions. —As used in this chapter, the term: 221
(1) "Alien" has the same meaning as in 8 U.S.C. s. 1101, 222
as that provision existed on January 1, 2023. 223
(2) "Removal" means the departure from the United States 224
of an alien after any proceeding under 8 U.S.C. ss. 1225, 1228, 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1229, or 1229a or any agreement in which an alien stipulates to 226
departure from the Unite d States as part of a criminal 227
proceeding under either federal or state law. 228
Section 5. Section 811.102, Florida Statutes, is created 229
to read: 230
811.102 Illegal entry by adult alien into this state. — 231
(1)(a) An alien who is more than 18 years of age a nd who 232
knowingly enters or attempts to enter this state after entering 233
the United States by eluding or avoiding examination or 234
inspection by immigration officers commits a misdemeanor of the 235
first degree, punishable as provided in s. 775.082 or s. 236
775.083. Such person must be sentenced to a minimum term of 237
imprisonment of 9 months. 238
(b) The term of imprisonment may be waived at any time 239
before or after conviction if the alien agrees in writing to 240
return voluntarily to the alien's country of origin or other wise 241
leave the United States and the alien leaves the United States. 242
(2) An alien commits a felony of the third degree, 243
punishable as provided in s. 775.082, s. 775.083, or s. 775.084 244
if he or she: 245
(a) Is older than 18 years of age; 246
(b) Knowingly enters or attempts to enter this state after 247
entering the United States by eluding or avoiding examination or 248
inspection by immigration officer; and 249
(c) Has one conviction for violating this section. 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
251
Such person must be sentenced to a minimum term of im prisonment 252
of 1 year and 1 day. Any term of probation imposed in addition 253
to the term of imprisonment may be converted by the trial court 254
into administrative probation if the alien agrees at the time of 255
sentencing to return voluntarily to the alien's count ry of 256
origin or otherwise leave the United States and the alien leaves 257
the United States. 258
(3) An alien commits a felony of the third degree, 259
punishable as provided in s. 775.082, s. 775.083, or s. 775.084 260
if he or she: 261
(a) Is older than 18 years of age ; 262
(b) Knowingly enters or attempts to enter this state after 263
entering the United States by eluding or avoiding examination or 264
inspection by immigration officers; and 265
(c) Has two or more convictions for violating this 266
section. 267
268
Such person must be sentenced to a minimum term of imprisonment 269
of 2 years. Any term of probation imposed in addition to the 270
term of imprisonment may be converted by the trial court into 271
administrative probation if the alien agrees at the time of 272
sentencing to return voluntar ily to the alien's country of 273
origin or otherwise leave the United States and the alien leaves 274
the United States. 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(4) An alien may not be subject to arrest for a violation 276
of this section if the alien was encountered by law enforcement 277
in this state during the investigation of another crime that 278
occurred in this state and the alien witnessed or reported that 279
crime or was a victim of that crime. 280
(5) It is an affirmative defense to prosecution under this 281
section if: 282
(a) The Federal Government has grante d the alien lawful 283
presence in the United States or discretionary relief that 284
allows the alien to remain in the United States temporarily or 285
permanently; 286
(b) The alien is subject to relief under the Cuban 287
Adjustment Act of 1966; or 288
(c) The alien's entr y into the United States did not 289
constitute a violation of 8 U.S.C. s. 1325(a). 290
(6) Notwithstanding any other law, and unless release is 291
otherwise required by the State Constitution or the United 292
States Constitution, an alien arrested for a violation of this 293
section must be detained pending disposition of the case because 294
no conditions of release can reasonably assure the presence of 295
the alien at trial. 296
(7) An alien charged with violating this section is not 297
eligible for any civil citation or other prea rrest or postarrest 298
diversion program, including, but not limited to, a program 299
pursuant to s. 901.41, s. 921.00241, or other similar program. 300
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(8) At the time of arrest for a violation of this section, 301
the law enforcement agency making the arrest shall n otify: 302
(a) Immigration and Customs Enforcement of the United 303
States Department of Homeland Security and provide that agency 304
information relating to the alien; and 305
(b) The Department of Law Enforcement and provide that 306
agency information relating to the alien, which must include 307
fingerprints, photographs, and any other biometric information 308
necessary to identify the alien in the future, and the costs 309
associated with the arrest, detention, supervision, and 310
transportation of the alien for a violation of th is section. 311
(9) If an alien agrees to return voluntarily to the 312
alien's country of origin or otherwise leave the United States 313
in accordance with this section, the law enforcement agency with 314
custody of the alien shall be responsible, consistent with sta te 315
and federal law, for coordinating with the alien to arrange 316
transportation to the alien's country of destination and for 317
ensuring that the alien leaves the United States. Public funds 318
may be used to procure transportation as necessary. If the alien 319
fails to depart the United States for any reason, any term of 320
imprisonment or probation for which the alien has been sentenced 321
and which has not been served must be reinstated. Before the 322
alien's departure from the United States, the court exercising 323
jurisdiction in the case shall verify in a hearing that the 324
alien consents to depart the United States, that such consent is 325
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
knowing and voluntary, and that failure to depart for any reason 326
will result in reinstatement of any term of imprisonment or 327
probation for which the alien has been sentenced and which has 328
not been served. The court may issue any orders, consistent with 329
state and federal law, necessary to effectuate the alien's 330
voluntary departure from the United States. 331
(10) The Department of Law Enforcement may adopt rules to 332
implement this section. 333
Section 6. Section 811.103, Florida Statutes, is created 334
to read: 335
811.103 Illegal reentry of an adult alien. — 336
(1) An alien commits a felony of the third degree, 337
punishable as provided in s. 775.082, s. 77 5.083, or s. 775.084 338
if he or she: 339
(a) Is 18 years of age or older; 340
(b) After having been denied admission, excluded, 341
deported, or removed or having departed the United States while 342
an order of exclusion, deportation, or removal is outstanding; 343
and 344
(c) Thereafter enters, attempts to enter, or is at any 345
time found in this state, unless before the alien's 346
reembarkation at a place outside the United States or his or her 347
application for admission from a foreign contiguous territory: 348
1. The Attorney Gene ral of the United States expressly 349
consented to such alien's reapplying for admission; or 350
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2. With respect to an alien previously denied admission 351
and removed, unless such alien establishes that the alien was 352
not required to obtain such advance consent un der the 353
Immigration and Nationality Act, as amended. 354
355
Such alien must be sentenced to a minimum term of imprisonment 356
of 1 year and 1 day. Any term of probation imposed in addition 357
to the terms of imprisonment may be converted by the trial court 358
into administrative probation if the alien agrees at the time of 359
sentencing to return voluntarily to the alien's country of 360
origin or otherwise leave the United States and the alien leaves 361
the United States. 362
(2) Notwithstanding subsection (1), in the case of any 363
alien described in subsection (1): 364
(a) Whose arrest under subsection (1) was subsequent to a 365
conviction for the commission of three or more misdemeanors or a 366
felony other than an aggravated felony as defined by federal law 367
or a violent felony under state l aw commits a felony of the 368
third degree, punishable as provided in s. 775.082, s. 775.083, 369
or s. 775.084. Such person must be sentenced to a minimum term 370
of imprisonment of 2 years. Any term of probation imposed in 371
addition to the term of imprisonment may be converted by the 372
trial court into administrative probation if the alien agrees at 373
the time of sentencing to return voluntarily to the alien's 374
country of origin or otherwise leave the United States and the 375
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
alien leaves the United States. 376
(b) Whose arrest under subsection (1) was subsequent to a 377
conviction for the commission of an aggravated felony as defined 378
by federal law or a violent felony under state law commits a 379
felony of the second degree, punishable as provided in s. 380
775.082, s. 775.083, or s. 7 75.084. Such person must be 381
sentenced to a minimum term of imprisonment of 5 years. Any term 382
of probation imposed in addition to the term of imprisonment may 383
be converted by the trial court into administrative probation if 384
the alien agrees at the time of s entencing to return voluntarily 385
to the alien's country of origin or otherwise leave the United 386
States and the alien leaves the United States. 387
(3) Any sentence imposed under this section must run 388
concurrently with the sentence imposed for any other crimin al 389
conviction. 390
(4) Notwithstanding any other law, and unless release is 391
otherwise required by the State Constitution or the United 392
States Constitution, an alien arrested for a violation of this 393
section must be detained pending disposition of the case bec ause 394
no conditions of release can reasonably assure the presence of 395
the alien at trial. 396
(5) An alien charged with violating this section is not 397
eligible for any civil citation or other prearrest or postarrest 398
diversion program, including, but not limited to, a program 399
pursuant to s. 901.41, s. 921.00241, or other similar program. 400
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(6) At the time of arrest, the law enforcement agency 401
making the arrest must notify: 402
(a) Immigration and Customs Enforcement of the United 403
States Department of Homeland Security and provide that agency 404
information relating to the alien; and 405
(b) The Department of Law Enforcement and provide that 406
agency information relating to the alien, which must include 407
fingerprints, photographs, and any other biometric information 408
necessary to identify the alien in the future, and the costs 409
associated with the arrest, detention, supervision, and 410
transportation of the alien for a violation of this section. 411
(7) If an alien agrees to return voluntarily to the 412
alien's country of origin o r otherwise leave the United States 413
in accordance with this section, the law enforcement agency with 414
custody of the alien shall be responsible, consistent with state 415
and federal law, for coordinating with the alien to arrange 416
transportation to the alien's country of destination and for 417
ensuring that the alien leaves the United States. Public funds 418
may be used to procure transportation as necessary. If the alien 419
fails to depart the United States for any reason, any term of 420
imprisonment or probation for which the alien has been sentenced 421
and which has not been served must be reinstated. Before the 422
alien's departure from the United States, the court exercising 423
jurisdiction in the case shall verify in a hearing that the 424
alien consents to depart the United States , that such consent is 425
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
knowing and voluntary, and that failure to depart for any reason 426
will result in reinstatement of any term of imprisonment or 427
probation for which the alien has been sentenced and which has 428
not been served. The court may issue any orde rs, consistent with 429
state and federal law, necessary to effectuate the alien's 430
voluntary departure from the United States. 431
(8) The Department of Law Enforcement may adopt rules to 432
implement this section. 433
Section 7. Section 811.104, Florida Statutes, is created 434
to read: 435
811.104 Illegal aid or support to an alien. — 436
(1) A person who knowingly and willfully aids or assists 437
any alien who illegally entered or reentered the United States 438
and then entered this state in violation of s. 811.102 or s. 439
811.103, or who connives or conspires with any person or persons 440
to allow, procure, or allow any such alien to enter this state 441
after illegally entering or reentering the United States in 442
violation of s. 811.102 or s. 811.103 commits a felony of the 443
third degree, punishable as provided in s. 775.082, s. 775.083, 444
or s. 775.084. 445
(2) It is an affirmative defense to prosecution under this 446
section if: 447
(a) The person is a federal, state, or local government 448
employee working within the course and scope of his or her 449
employment and the aid or assistance provided to an alien is 450
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
limited to the aid or assistance authorized by the governmental 451
entity for which the person works; or 452
(b) The person is an agent or works for an entity under 453
contract with a federal, sta te, or local government office or 454
agency to provide services to persons, including aliens, and the 455
aid or assistance provided to an alien is limited to the aid or 456
assistance authorized by the government explicitly in that 457
contract, memorandum of understand ing, appendix, or other 458
written document or direction. 459
Section 8. Present subsection (6) of section 948.012, 460
Florida Statutes, is redesignated as subsection (7), a new 461
subsection (6) is added to that section, and subsection (1) of 462
that section is amend ed, to read: 463
948.012 Split sentence of probation or community control 464
and imprisonment.— 465
(1) If punishment by imprisonment for a misdemeanor or a 466
felony, except for a capital felony, is prescribed, the court 467
may, at the time of sentencing, impose a spl it sentence whereby 468
the defendant is to be placed on probation or, with respect to 469
any such felony, into community control upon completion of any 470
specified period of such sentence which may include a term of 471
years or less. In such case, the court shall sta y and withhold 472
the imposition of the remainder of sentence imposed upon the 473
defendant and direct that the defendant be placed upon probation 474
or into community control after serving such period as may be 475
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imposed by the court. Except as provided in s. 944.47 31(2)(b) 476
and subsection (7) (6), the period of probation or community 477
control shall commence immediately upon the release of the 478
defendant from incarceration, whether by parole or gain -time 479
allowances. 480
(6)(a) Effective for offenses committed on or after March 481
31, 2025, a defendant who is an alien as defined in s. 811.101 482
may have any term of the defendant's probationary sentence 483
converted to administrative probation by the Department of 484
Corrections if: 485
1. The United States Department of Homeland Securit y 486
detains the defendant upon the termination of his or her 487
sentence of imprisonment and deports the defendant; or 488
2. The defendant agrees to return voluntarily to the 489
defendant's country of origin or otherwise leave the United 490
States and not return to th is state unless and until the term of 491
his or her probation expires and he or she is lawfully admitted 492
to the United States. 493
(b) If the defendant agrees to return voluntarily to the 494
defendant's country of origin or otherwise leave the United 495
States in accordance with this section, the Department of 496
Corrections shall be responsible, consistent with state and 497
federal law, for coordinating with the defendant to arrange 498
transportation to the defendant's country of destination and for 499
ensuring that the defendan t leaves the United States. Public 500
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funds may be used to procure transportation, as necessary. 501
Before the defendant's departure from the United States, the 502
court exercising jurisdiction in the case shall verify in a 503
hearing that the defendant consents to de part the United States, 504
that such consent is knowing and voluntary, and that failure to 505
depart for any reason will result in imprisonment for any 506
remaining term of imprisonment to the maximum term of 507
imprisonment that could have been imposed for the offens e of 508
conviction. The court may issue any orders, consistent with 509
state and federal law, necessary to effectuate the defendant's 510
voluntary departure from the United States. If a defendant 511
returns to the United States after being deported, or after 512
returning voluntarily to his or her country of destination under 513
this section during the term of his or her probation, without 514
being lawfully admitted to the United States, the defendant must 515
be sentenced to the maximum term of imprisonment for any 516
remaining term of imprisonment that could have been imposed for 517
the offense of conviction. Any term of imprisonment for any 518
subsequently committed criminal offense must run consecutively 519
to the term of imprisonment required by this subsection. 520
(c) The Department of Corr ections may adopt rules to 521
implement this section. 522
Section 9. If any provision of this act or its application 523
to any person or circumstance is held invalid, the invalidity 524
does not affect other provisions or applications of this act 525
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which can be given effect without the invalid provisions or 526
application, and to this end the provisions of this act are 527
severable. 528
Section 10. This act shall take effect upon becoming a 529
law. 530