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 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 human trafficking and has been cooperative, is being cooperative, or is likely to be cooperative regarding the investigation or prosecution of that 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 declaration within 90 days of request, unless the noncitizen is in removal proceedings, in which case the 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 victimsbegin delete thatend deletebegin insert whoend insert requested Form I-914 Supplement B declarations from the entity, the number of those 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 679.11 is added to the Penal Code, to
2read:
(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) The Department of Industrial Relations.
9(5) Any other state or local government agencies that have
10criminal, civil, or administrative investigative or prosecutorial
11authority relating to human trafficking.
12(b) For purposes of this section, a “certifying official” is any of
13the following:
14(1) The head of the certifying entity.
P3 1(2) A person in a supervisory role who has been specifically
2designated by the head of the certifying entity to issue Form I-914
3Supplement B certifications on behalf of that agency.
4(3) A judge.
5(4) Any other certifying official defined under Section
6214.14(a)(2) of Title 8 of the Code of Federal Regulations.
7(c) “Human trafficking” means “severe forms of trafficking in
8persons” pursuant to Section 7102 of Title 22 of the United States
9Code and includes either of
the following:
10(1) Sex trafficking in which a commercial sex act is induced by
11force, fraud, or coercion, or in which the person induced to perform
12such act has not attained 18 years of age.
13(2) The recruitment, harboring, transportation, provision, or
14obtaining of a person for labor or services, through the use of force,
15fraud, or coercion for the purpose of subjection to involuntary
16servitude, peonage, debt bondage, or slavery.
17(d) “Human trafficking” also includes criminal offenses for
18which the nature and elements of the offenses are substantially
19similar to the criminal activity described in subdivision (c), and
20the attempt, conspiracy, or solicitation to commit any of those
21offenses.
22(e) Upon the request of the victim or victim’s family member,
23a certifying official from a certifying entity shall certify victim
24cooperation on the Form I-914 Supplement B declaration, when
25the victim was a victim of human trafficking and has been
26cooperative, is being cooperative, or is likely to be cooperative to
27the investigation or prosecution of human trafficking.
28(f) For purposes of determining cooperation pursuant to
29subdivision (e), there is a rebuttable presumption that a victim is
30cooperative, has been cooperative, or is likely to be cooperative
31to the investigation or prosecution of
human trafficking, if the
32victim has not refused or failed to provide information and
33assistance reasonably requested by law enforcement.
34(g) The certifying official shall fully complete and sign the Form
35I-914 Supplement B declaration and, regarding victim cooperation,
36include specific details about the nature of the crime investigated
37or prosecuted and a detailed description of the victim’s cooperation
38or likely cooperation to the detection, investigation, or prosecution
39of the criminal activity.
P4 1(h) A certifying entity shall process an I-914 Supplement B
2
declaration within 90 days of request, unless the noncitizen is in
3removal proceedings, in which case the declaration shall be
4processed within 14 days of request.
5(i) A current investigation, the filing of charges, or a prosecution
6or convictionbegin delete areend deletebegin insert isend insert not required for the victim to request and obtain
7the Form I-914 Supplement B declaration from a certifying official.
8(j) A certifying official may only withdraw the certification if
9
the victim refuses to provide information and assistance when
10reasonably requested.
11(k) A certifying entity is prohibited from disclosing the
12immigration status of a victim or person requesting the Form I-914
13Supplement B declaration, except to comply with federal law or
14legal process,begin insert to allow prosecutors to comply with their
15constitutional obligations to provide material evidence to
16defendants in pending criminal proceedings pursuant to Brady v.
17Maryland (1963) 373 U.S. 83,end insert or if authorized by the victim or
18person requesting the Form I-914 Supplement B declaration.
19(l) A certifying entity that receives a request for a Form I-914
20begin delete Supplementalend deletebegin insert
Supplementend insert B declaration shall report to the
21Legislature, on or before January 1, 2018, and annually thereafter,
22the number of victims that requested Form I-914begin delete Formend deletebegin insert Supplementend insert
23 B declarations from the entity, the number of those declaration
24forms that were signed, and the number that were denied. A report
25pursuant to this subdivision shall comply with Section 9795 of the
26Government Code.
If the Commission on State Mandates determines that
28this act contains costs mandated by the state, reimbursement to
29local agencies and school districts for those costs shall be made
30pursuant to Part 7 (commencing with Section 17500) of Division
314 of Title 2 of the Government Code.
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