California Legislature—2015–16 Regular Session

Assembly BillNo. 2027


Introduced by Assembly Member Quirk

February 16, 2016


An act to add Section 679.11 to the Penal Code, relating to victims of crime.

LEGISLATIVE COUNSEL’S DIGEST

AB 2027, as introduced, Quirk. Victims of crime: nonimmigrant status.

Existing federal law provides a Form I-914, Petition for T Nonimmigrant Status (Form I-914) to request temporary immigration benefits for a person who is a victim of certain qualifying criminal activity. Existing federal law also provides a form for certifying that a person submitting a Form I-914 is a victim of certain qualifying criminal activity and certification as to cooperation by the person regarding investigating or prosecuting trafficking (Form I-914 Supplement B).

Existing state law establishes certain rights of victims and witnesses of crimes, including, among others, to be notified and to appear at all sentencing proceedings, upon request, to be notified and to appear at parole eligibility hearings, and, for certain offenses, to be notified when a convicted defendant had been ordered placed on probation.

This bill would require, upon request, that an official from a state or local entity certify “victim cooperation” on the Form I-914 Supplement B, when the requester was a victim of criminal activity and has been cooperative, is being cooperative, or is likely to be cooperative regarding the investigation or prosecution of that qualifying criminal activity. The bill would establish a rebuttable presumption that a victim is cooperative, has been cooperative, or is likely to be cooperative if the victim has not refused or failed to provide information and assistance reasonably requested by law enforcement. The bill would require the certifying entity to process a Form I-914 Supplement B certification within 90 days of request, unless the noncitizen is in removal proceedings, in which case the certification is required to be processed within 14 days of request. The bill would require a certifying entity to report to the Legislature, on or before January 1, 2018, and annually thereafter, the number of victims that requested Form I-914 Supplement B certifications from the entity, the number of those certification forms that were signed, and the number that were denied.

By imposing additional duties on local government agencies, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 679.11 is added to the Penal Code, to
2read:

3

679.11.  

(a) For purposes of this section, a “certifying entity”
4is any of the following:

5(1) A state or local law enforcement agency.

6(2) A prosecutor.

7(3) A judge.

8(4) Any other authority that has responsibility for the detection,
9investigation, or prosecution of a qualifying crime or criminal
10activity.

11(5) Agencies that have criminal detection or investigative
12jurisdiction in their respective areas of expertise, including, but
13not limited to, child protective services, the Department of Fair
14 Employment and Housing, and the Department of Industrial
15Relations.

P3    1(b) For purposes of this section, a “certifying official” is any of
2the following:

3(1) The head of the certifying entity.

4(2) A person in a supervisory role who has been specifically
5designated by the head of the certifying entity to issue Form I-914
6Supplement B certifications on behalf of that agency.

7(3) A judge.

8(4) Any other certifying official defined under Section
9214.14(a)(2) of Title 8 of the Code of Federal Regulations.

10(c) “Qualifying criminal activity” means qualifying criminal
11activity pursuant to Section 7102 of Title 22 of the United States
12 Code which means “severe forms of trafficking in persons” and
13which includes either of the following:

14(1) Sex trafficking in which a commercial sex act is induced by
15force, fraud, or coercion, or in which the person induced to perform
16such act has not attained 18 years of age.

17(2) The recruitment, harboring, transportation, provision, or
18obtaining of a person for labor or services, through the use of force,
19fraud, or coercion for the purpose of subjection to involuntary
20servitude, peonage, debt bondage, or slavery.

21(d) A “qualifying crime” includes criminal offenses for which
22the nature and elements of the offenses are substantially similar
23to the criminal activity described in subdivision (c), and the
24attempt, conspiracy, or solicitation to commit any of those offenses.

25(e) Upon the request of the victim or victim’s family member,
26a certifying official from a certifying entity shall certify victim
27cooperation on the Form I-914 Supplement B certification, when
28the victim was a victim of a qualifying criminal activity and has
29been cooperative, is being cooperative, or is likely to be cooperative
30to the investigation or prosecution of that qualifying criminal
31activity.

32(f) For purposes of determining cooperation pursuant to
33subdivision (e), there is a rebuttable presumption that a victim is
34cooperative, has been cooperative, or is likely to be cooperative
35to the investigation or prosecution of that qualifying criminal
36activity, if the victim has not refused or failed to provide
37information and assistance reasonably requested by law
38enforcement.

39(g) The certifying official shall fully complete and sign the Form
40I-914 Supplement B certification and, regarding victim cooperation,
P4    1include specific details about the nature of the crime investigated
2or prosecuted and a detailed description of the victim’s cooperation
3or likely cooperation to the detection, investigation, or prosecution
4of the criminal activity.

5(h) A certifying entity shall process an I-914 Supplement B
6certification within 90 days of request, unless the noncitizen is in
7removal proceedings, in which case the certification shall be
8processed within 14 days of request.

9(i) A current investigation, the filing of charges, or a prosecution
10or conviction are not required for the victim to request and obtain
11the Form I-914 Supplement B certification from a certifying
12official.

13(j) A certifying official may only withdraw the certification if
14 the victim refuses to provide information and assistance when
15reasonably requested.

16(k) A certifying entity is prohibited from disclosing the
17immigration status of a victim or person requesting the Form I-914
18Supplement B certification, except to comply with federal law or
19legal process, or if authorized by the victim or person requesting
20the Form I-914 Supplement B certification.

21(l) A certifying entity that receives a request for a Form I-914
22Supplemental B certification shall report to the Legislature, on or
23before January 1, 2018, and annually thereafter, the number of
24victims that requested Form I-914 Form B certifications from the
25entity, the number of those certification forms that were signed,
26and the number that were denied. A report pursuant to this
27subdivision shall comply with Section 9795 of the Government
28Code.

29

SEC. 2.  

If the Commission on State Mandates determines that
30this act contains costs mandated by the state, reimbursement to
31local agencies and school districts for those costs shall be made
32pursuant to Part 7 (commencing with Section 17500) of Division
334 of Title 2 of the Government Code.



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