Amended in Assembly March 31, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 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 amended, 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 begin delete certain qualifying criminal activity and certification end delete begin insert human trafficking and a declaration end insert 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 begin insert declaration end insert , when the requester was a victim of begin delete criminal activity end delete begin insert human trafficking end insert and has been cooperative, is being cooperative, or is likely to be cooperative regarding the investigation or prosecution of that begin delete qualifying criminal activity. end delete begin insert human trafficking. end insert 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 begin delete certification end delete begin insert declaration end insert within 90 days of request, unless the noncitizen is in removal proceedings, in which case the begin delete certification end delete begin insert declaration end insert 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 begin delete certifications end delete begin insert declarations end insert from the entity, the number of those begin delete certification end delete begin insert declaration end insert 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:

SECTION 1.  

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

679.11.  

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

(1) A state or local law enforcement agency.

(2) A prosecutor.

(3) A judge.

(4)  begin delete Any other authority that has responsibility for the detection,
investigation, or prosecution of a qualifying crime or criminal
activity. end delete begin insert The Department of Industrial Relations. end insert

(5)  begin delete Agencies that have criminal detection or investigative
jurisdiction in their respective areas of expertise, including, but
not limited to, child protective services, the Department of Fair
Employment and Housing, and the Department of Industrial
Relations. end delete begin insert Any other state or local government agencies that have
criminal, civil, or administrative investigative or prosecutorial
authority relating to human trafficking. end insert

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

(1) The head of the certifying entity.

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

(3) A judge.

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

(c)  begin delete “Qualifying criminal activity” means qualifying criminal
activity pursuant to Section 7102 of Title 22 of the United States
Code which means “severe forms of trafficking in persons” and
which end delete begin insert “Human trafficking” means “severe forms of trafficking in
persons” pursuant to Section 7102 of Title 22 of the United States
Code and end insert includes either of the following:

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

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

(d)  begin delete A “qualifying crime” end delete begin insert “Human trafficking” also end insert includes
criminal offenses for which the nature and elements of the offenses
are substantially similar to the criminal activity described in
subdivision (c), and the attempt, conspiracy, or solicitation to
commit any of those offenses.

(e) Upon the request of the victim or victim’s family member,
a certifying official from a certifying entity shall certify victim
cooperation on the Form I-914 Supplement B begin delete certification, end delete
begin insert declaration, end insert when the victim was a victim of begin delete a qualifying criminal
activity end delete begin insert human trafficking end insert and has been cooperative, is being
cooperative, or is likely to be cooperative to the investigation or
prosecution of begin delete that qualifying criminal activity. end delete begin insert human trafficking. end insert

(f) For purposes of determining cooperation pursuant to
subdivision (e), there is a rebuttable presumption that a victim is
cooperative, has been cooperative, or is likely to be cooperative
to the investigation or prosecution of begin delete that qualifying criminal
activity, end delete begin insert human trafficking, end insert if the victim has not refused or failed
to provide information and assistance reasonably requested by law
enforcement.

(g) The certifying official shall fully complete and sign the Form
I-914 Supplement B begin delete certification end delete begin insert declaration end insert and, regarding victim
cooperation, include specific details about the nature of the crime
investigated or prosecuted and a detailed description of the victim’s
cooperation or likely cooperation to the detection, investigation,
or prosecution of the criminal activity.

(h) A certifying entity shall process an I-914 Supplement B
begin delete certification end delete begin insert declaration end insert within 90 days of request, unless the
noncitizen is in removal proceedings, in which case the begin delete certification end delete
begin insert declaration end insert shall be processed within 14 days of request.

(i) A current investigation, the filing of charges, or a prosecution
or conviction are not required for the victim to request and obtain
the Form I-914 Supplement B begin delete certification end delete begin insert declaration end insert from a
certifying official.

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

(k) A certifying entity is prohibited from disclosing the
immigration status of a victim or person requesting the Form I-914
Supplement B begin delete certification, end delete begin insert declaration, end insert except to comply with
federal law or legal process, or if authorized by the victim or person
requesting the Form I-914 Supplement B begin delete certification. end delete begin insert declaration. end insert

(l) A certifying entity that receives a request for a Form I-914
Supplemental B begin delete certification end delete begin insert declaration end insert shall report to the
Legislature, on or before January 1, 2018, and annually thereafter,
the number of victims that requested Form I-914 Form B
begin delete certifications end delete begin insert declarations end insert from the entity, the number of those
begin delete certification end delete begin insert declaration end insert forms that were signed, and the number
that were denied. A report pursuant to this subdivision shall comply
with Section 9795 of the Government Code.

SEC. 2.  

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