LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 7542 NOTE PREPARED: Jan 6, 2025
BILL NUMBER: SB 428 BILL AMENDED:
SUBJECT: Immigration matters.
FIRST AUTHOR: Sen. Koch BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED: GENERAL IMPACT: Pending
DEDICATED
FEDERAL
Summary of Legislation: Clarifies that the enforcement of federal immigration laws may be carried out
by federal, state, or local law enforcement. Removes the mens rea standard in the statute concerning
governmental entities or postsecondary institutions violating the citizenship and immigration status
information and enforcement of federal laws. Provides that a governmental body that has the custody of an
individual who is the subject of an immigration detainer request shall: (1) provide the judge authorized to
grant or deny the individual's release on bail notice that the individual is subject to an immigration detainer
request; (2) record in the individual's case file that the individual is subject to an immigration detainer
request; (3) comply with the immigration detainer request; and (4) inform the individual that the individual
is being held pursuant to an immigration detainer request. Provides immunity to a governmental body or an
employee of a governmental body for any action taken concerning an immigration detainer request. Provides
that if the attorney general determines that probable cause exists that a governmental entity has not complied
with an immigration detention request, the attorney general may: (1) issue a cease and desist order; (2) bring
a court action to enjoin an action or practice constituting a violation of an immigration detention request or
compel compliance with the immigration detention request; and (3) impose a civil penalty for noncompliance
with an immigration detention request. Provides that if the attorney general determines a governmental body
did not comply with an immigration detention order, upon the advice of the attorney general, the governor
may order that state funding and grants be withheld from the governmental body. Requires a judge, who
receives notice that an individual is subject to an immigration detainer request, to ensure that the notice of
the immigration detainer request is recorded in the court's record. Requires a judge to report to the United
States Immigration and Customs Enforcement Agency an individual who has been convicted in the judge's
court of a felony or misdemeanor.
Effective Date: Upon passage; July 1, 2025.
Explanation of State Expenditures: As of the above date, the fiscal analysis of this bill has not been
completed. Please contact the Office of Fiscal and Management Analysis for an update of this fiscal impact
statement.
SB 428 1 Explanation of State Revenues:
Explanation of Local Expenditures:
Explanation of Local Revenues:
State Agencies Affected:
Local Agencies Affected:
Information Sources:
Fiscal Analyst: Alexander Raggio, 317-234-9485.
SB 428 2