California Legislature—2015–16 Regular Session

Assembly BillNo. 2792


Introduced by Assembly Member Bonta

February 19, 2016


An act to amend Section 7282 of the Government Code, relating to state government.

LEGISLATIVE COUNSEL’S DIGEST

AB 2792, as introduced, Bonta. Federal immigration policy enforcement.

Existing federal law authorizes issuance of an immigration detainer that serves to advise another law enforcement agency that the federal department seeks custody of an alien presently in the custody of that agency, for the purpose of arresting and removing the alien. Existing federal law provides that the detainer is a request that the agency advise the department, prior to release of the alien, in order for the department to arrange to assume custody in situations when gaining immediate physical custody is either impracticable or impossible.

Existing law prohibits a law enforcement official, as defined, from detaining an individual on the basis of a United States Immigration and Customs Enforcement hold after that individual becomes eligible for release from custody, unless, at the time that the individual becomes eligible for release from custody, certain conditions are met, including, among other things, that the individual has been convicted of specified crimes. Existing law defines specified terms for purposes of these provisions.

This bill would make nonsubstantive changes to those provisions.

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

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

P2    1

SECTION 1.  

Section 7282 of the Government Code is amended
2to read:

3

7282.  

For purposes of this chapter, the following terms have
4the following meanings:

5(a) “Conviction” shall have the same meaning as subdivision
6(d) of Section 667 of the Penal Code.

7(b) “Eligible for release from custody” means that the individual
8may be released from custody because one of the following
9conditions has occurred:

10(1) All criminal charges against the individual have been
11dropped or dismissed.

12(2) The individual has been acquitted of all criminal charges
13filed against him or her.

14(3) The individual has served all the time required for his or her
15sentence.

16(4) The individual has posted a bond.

17(5) The individual is otherwise eligible for release under state
18or local law, or local policy.

19(c) “Immigration hold” means an immigration detainer issued
20by an authorized immigration officer, pursuant to Section 287.7
21of Title 8 of the Code of Federal Regulations, that requests that
22the law enforcement officialbegin delete toend delete maintain custody of the individual
23for a period not to exceed 48 hours, excluding Saturdays, Sundays,
24and holidays, andbegin delete toend delete advise the authorized immigration officer
25prior to the release of that individual.

26(d) “Law enforcement official” means any local agency or
27officer of a local agency authorized to enforce criminal statutes,
28regulations, or local ordinances or to operate jails or to maintain
29custody of individuals in jails, and any person or local agency
30authorized to operate juvenile detention facilities or to maintain
31custody of individuals in juvenile detention facilities.

32(e) “Local agency” means any city, county, city and county,
33special district, or other political subdivision of the state.

34(f) “Serious felony” means anybegin delete of the offensesend deletebegin insert offenseend insert listed in
35subdivision (c) of Section 1192.7 of the Penal Code and any offense
36committed in another statebegin delete which,end deletebegin insert that,end insert if committed in California,
37would be punishable as a serious felony as defined by subdivision
38(c) of Section 1192.7 of the Penal Code.

P3    1(g) “Violent felony” means anybegin delete of the offensesend deletebegin insert offenseend insert listed in
2subdivision (c) of Section 667.5 of the Penal Code and any offense
3committed in another statebegin delete which,end deletebegin insert that,end insert if committed in California,
4would be punishable as a violent felony as defined by subdivision
5(c) of Section 667.5 of the Penal Code.



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