BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 674|
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                                   THIRD READING 


          Bill No:  SB 674
          Author:   De León (D)
          Introduced:2/27/15  
          Vote:     21  

           SENATE PUBLIC SAFETY COMMITTEE:  7-0, 4/21/15
           AYES:  Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone

           SENATE APPROPRIATIONS COMMITTEE:  6-1, 5/28/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza
           NOES:  Nielsen

           SUBJECT:   Victims of crime: nonimmigrant status


          SOURCE:    Author

          DIGEST:  This bill creates a rebuttable presumption that when  
          certain factors are met a victim or victim's family member shall  
          have their Form I-918 supplement B certified so that he or she  
          can apply for a U Visa to stay in the United States.

          ANALYSIS:   


          Existing federal law allows an immigrant who has been a victim  
          of a crime to apply for a U Visa when he or she has been helpful  
          to the investigation or prosecution of the criminal activity.

          This bill:

            1)  Provides that upon the request of the victim or the  
              victim's family member a certifying official from a  








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              certifying entity shall certify victim helpfulness on the  
              Form I-918 supplement B when the victim was a victim of a  
              qualifying criminal activity and has been helpful, is being  
              helpful or is likely to be helpful in the detection or  
              investigation or prosecution of that qualifying criminal  
              activity.

            2)  Provides that for the purposes of determining helpfulness  
              there is rebuttable presumption that a victim is helpful,  
              has been helpful, or is likely to be helpful to the  
              detection or investigation or prosecution of that qualifying  
              criminal activity, if the victim has not refused or failed  
              to provide information and assistance reasonably requested  
              by the law enforcement.

            3)  Provides that a certifying entity shall process a Form  
              I-918 Supplement B certification within 90 days of the  
              request unless the noncitizen is in removal proceedings in  
              which case the certification shall be processed within 14  
              days of request.

            4)  Provides that a current investigation, filing of charges  
              and a prosecution or conviction are not required for the  
              victim to request and obtain a Form I-918 Supplement B  
              certification from a certifying official.

            5)  Provides that a certifying official may only withdraw the  
              certification if the victim refuses to provide information  
              and assistance when reasonably requested.

            6)  Provides that a certifying entity is prohibited from  
              disclosing the immigration status of a victim or person  
              requesting the Form I-918 Supplement B certification, except  
              to comply with federal law or legal process or if authorized  
              by the person requesting the certification.

            7)  Provides for a certifying entity that receives a request  
              for a Form I-918 Supplement B certification to report to the  
              Legislature annually beginning on January 1, 2017, the  
              number of victims that requested Form I-918 Supplement B  
              certifications from the entity, the number of those that  
              were signed and the number that were denied.

            8)  Defines certifying entity as:







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                 A state or local law enforcement agency;
                 A prosecutor;
                 A judge;
                 Any other authority that has responsibility for the  
               detection or investigation or prosecution of a qualifying  
               crime or criminal activity; and,
                 Agencies that have criminal detection or investigative  
               jurisdiction in the respective areas including but not  
               limited to, child protective services, the Department of  
               Fair Employment and Housing, and the Department of  
               Industrial Relations.

          1)Defines certifying official as any of the following:

                 The head of the certifying entity;
                 A person in a supervisory role who has been designated  
               to issue Form I-918 Supplement B certification;
                 A judge; and,
                 Any other certifying official as defined under federal  
               law.

            1)  Defines qualifying criminal activity as including, but not  
              limited to, specified crimes.

            2)  Defines qualifying crimes as criminal offenses for which  
              the nature and elements are substantially similar to the  
              listed crimes and the attempt, conspiracy or solicitation to  
              commit any of those offenses.

          Background

          U Visa.  In October 2000, Congress, as part of the  
          reauthorization of the Violence Against Women Act, created the U  
          Visa to provide immigrant crime victims an avenue to obtain  
          lawful immigration status and thus encourage cooperation with  
          law enforcement by undocumented victims of crime.  In order to  
          qualify for a U Visa: the applicant must have suffered  
          substantial physical or mental abuse as a result of having been  
          a victim of certain qualifying activity; the applicant must  
          possess information concerning such criminal activity; the  
          applicant must be helpful, have been helpful, or likely to be  
          helpful in the investigation or prosecution of a crime; and the  
          criminal activity must have occurred in the U.S. or violated the  
          state or federal law of the United States.







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          Certification.  In order to apply for a U Visa, the qualified  
          immigrant victim must obtain a certification of a helpfulness  
          from a law enforcement official, prosecutor, judge or federal or  
          state agency authorized to detect investigate or prosecute any  
          of the criminal activities listed in the U Visa statute.  This  
          certification form is called a Form I-918.  While in some  
          jurisdictions the appropriate agencies have been supportive of  
          immigrant victims and have readily signed From I-918 when the  
          immigrant victims have been helpful, other jurisdictions have  
          shown a reluctance to sign these certification forms.


              In some cities, police and prosecutors readily verify  
              that an undocumented crime victim cooperated; in others,  
              they stonewall. From 2009 through May 2014, law  
              enforcement in New York City verified 1,151 crime  
              victims, according to figures provided by federal  
              immigration authorities in response to public records  
              requests by Reuters. Meanwhile, police and prosecutors  
              verified 4,585 crime victims in Los Angeles, a city with  
              less than half of New York's population. 



              Oakland, California, has less than 5 percent of New  
              York's population, yet law enforcement there verified  
              2,992 immigrants during the same period - more than  
              twice as many.  Sacramento, California, has a slightly  
              higher population than Oakland, but verified just 300  
              crime victims.



              The federal data do not include the number of immigrants  
              whose requests for verification are ignored or denied by  
              the police.  Nor is it possible to determine how many of  
              those would have ultimately been rejected anyway because  
              the applicant would not qualify under the program.   
              Victims of misdemeanor assault, for instance, do not  
              qualify.










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              But wide variations in the numbers of certifications  
              among jurisdictions of similar size suggest that  
              thousands of victims of violent crimes who have embraced  
              the offer of a U Visa haven't got one.  (Levine and  
              Cooke, Special Report: U.S. visa program for crime  
              victims is hit-or-miss prospect Reuters October 21,  
              2014)

          This bill provides that when a victim, or victim's family  
          member, requests a certifying official to certify the Form I-918  
          there is a rebuttable presumption that the victim is helpful,  
          has been helpful or is likely to be helpful in the investigation  
          if the victim has not refused to provide information and  
          assistance as requested by law enforcement.  The bill would also  
          require the form be filled out completely and within 90 days of  
          the request, unless the victim is in removal proceedings in  
          which case the form must be filled out within 14 days.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes

          According to the Senate Appropriations Committee analysis:
           TCVAP benefits:  Potentially significant future increase in  
            annual state costs (General Fund) for the Trafficking and  
            Crime Victims Assistance Program (TCVAP), which provides  
            state-funded benefits (including cash assistance, services,  
            child care, and food benefits), to the extent a greater number  
            of victims are able to file formal U Visa applications.  
            Applicants are eligible for TCVAP when a U Visa application  
            has been filed with USCIS, and eligibility continues until and  
            unless a recipient's application for a U Visa has been finally  
            administratively denied. For every 100 new cases, annual costs  
            could range from $0.7 million to $1.6 million (General Fund).   

           Form I-918B certification process:  Potential future cost  
            pressure on certifying entities to implement the process,  
            including but not limited to the specified timelines within  
            which to process requests. To the extent the new requirements  
            are determined to place a higher level of service on local  
            agencies than required under federal law, local agency  
            expenditures could qualify as a reimbursable state mandate  
            (General Fund).
           Annual report:  Likely minor costs to state and local agencies  
            acting as certifying entities to compile and submit the annual  







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            report to the Legislature. To the extent local agency  
            expenditures qualify as a reimbursable state mandate, agencies  
            could only claim reimbursement of costs incurred if $1,000 or  
            more (General Fund).
           State agency certifying entities:  Minor impact to the  
            Department of Fair Employment and Housing, the Department of  
            Industrial Relations, and the Department of Justice. 


          SUPPORT:   (Verified 5/29/15)


          ACLU 
          AFSCME
          California Attorneys for Criminal Justice 
          California Immigrant Policy Center 
          California Partnership to End Domestic Violence
          The Central American Resource Center 
          The Immigrant Legal Resource Center 
          Los Angeles Center for Law and Justice
          YWCA of Glendale; 


          OPPOSITION:   (Verified 5/29/15)


          None received


          ARGUMENTS IN SUPPORT:     

          According to the author:

               The goal of SB 674, The Immigrant Victims of Crime  
               Equity Act is to ensure the maximum amount of immigrant  
               victims of crime in California have the opportunity to  
               apply for the federal U-Visa when the immigrant was a  
               victim of a qualifying crime and has been helpful or is  
               likely to be helpful in the investigation or  
               prosecution of that crime.

               SB 674 creates equity in the granting of the  
               certifications of victim helpfulness that are essential  
               to the crime victim's U-Visa application filed with the  







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               USCIS.  The Immigrant Victim of Crimes Equity Act  
               requires certifying entities to certify victim  
               helpfulness on the Form I-918 Supplement B  
               certification, upon the request of the victim or  
               victim's family member, when: (1) the victim was a  
               victim of a qualifying criminal activity and (2) has  
               been helpful, is being helpful, or is likely to be  
               helpful to the detection or investigation or  
               prosecution of that qualifying criminal activity.   
               Under the bill, the certifying entity must also process  
               the certification within a time limit and include  
               details about victim helpfulness.  



          Prepared by:Mary Kennedy / PUB. S. / 
          5/30/15 16:03:12


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