BILL NUMBER: AB 2027 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 31, 2016
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 certain
qualifying criminal activity and certification human
trafficking and a declaration 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 declaration , when the requester was a victim
of criminal activity human trafficking
and has been cooperative, is being cooperative, or is likely to be
cooperative regarding the investigation or prosecution of that
qualifying criminal activity. human
trafficking. 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 declaration
within 90 days of request, unless the noncitizen is in removal
proceedings, in which case the certification
declaration 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 declarations from the entity,
the number of those certification declaration
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) Any other authority that has responsibility for the
detection, investigation, or prosecution of a qualifying crime or
criminal activity. The Department of Industrial
Relations.
(5) 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. Any other state or loca
l government agencies that have criminal, civil, or
administrative investigative or prosecutorial authority relating to
human trafficking.
(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) "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 "Human trafficking" means "severe forms of
trafficking in persons" pursuant to Section 7102 of Title 22 of the
United States Code and 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) A "qualifying crime" "Human
trafficking" also 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 certification,
declaration, when the victim was a victim of
a qualifying criminal activity human
trafficking and has been cooperative, is being cooperative, or
is likely to be cooperative to the investigation or prosecution of
that qualifying criminal activity. human
trafficking.
(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 that qualifying criminal
activity, human trafficking, 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 certification declaration
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
certification declaration within 90
days of request, unless the noncitizen is in removal proceedings, in
which case the certification declaration
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 certification
declaration 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 certification, declaration,
except to comply with federal law or legal process, or if
authorized by the victim or person requesting the Form I-914
Supplement B certification. declaration.
(l) A certifying entity that receives a request for a Form I-914
Supplemental B certification declaration
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 certifications declarations
from the entity, the number of those certification
declaration 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.