BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  August 19, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          SB 674  
          (De León) - As Introduced February 27, 2015


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          Yes


          SUMMARY:


          This bill requires specified agencies, upon the request of an  
          immigrant victim of specified crimes, to certify within 90 days  
          of the request, the victim's helpfulness on the applicable form  








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          (Form I-918 Supplement B certification) so that the victim may  
          apply for a U-visa to temporarily live and work in the United  
          States. The certifying entity is required to submit a specified  
          annual report to the Legislature before January 1, 2017, and  
          annually thereafter. 


          FISCAL EFFECT:


          Moderate local reimbursable state mandated costs in excess of  
          $300,000 by establishing a time-frame for certifying entities to  
          process Form I-918 Supplement B requests, and for local  
          certifying entities to report annually to the Legislature.  


          During a six-year period, annual certifications provided by the  
          cities of Los Angeles and Oakland were 764 and 500,  
          respectively.  If the cost to provide the certification were  
          $25, the reimbursable mandate to these two cities would be  
          $31,600.  There are 58 counties and 482 cities and each of them  
          has at least one "agency" that qualifies as a certifying agency.  
           It is reasonable to assume that the number of certifications  
          statewide would be at least ten times those of the cities of Los  
          Angeles and Oakland combined.  The reporting requirement  
          reimbursable costs will be minor.


          Mandating compliance with federal law is not a reimbursable  
          mandate.  However, federal law does not impose a timeframe, nor  
          does it require an annual report.    


          COMMENTS:


          1)Purpose. The Victim of Crime Visa, also referred to as the  
            U-Visa, is available to immigrants who are victims of certain  
            crimes committed in the United States - rape, incest, sexual  








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            assault, torture, or domestic violence, for example.  The  
            bearer of a U-Visa gets relief from deportation and permission  
            to work in the United States.  Federal immigration authorities  
            make the determination of whether a victim of crime qualifies  
            for a U-Visa.  However, in order for the victim to apply to  
            the federal government for the U-Visa, the victim must receive  
            a certification from law enforcement, a prosecutor, or a  
            judicial officer.  The document, Form I-918 Supplement B,  
            certifies that the individual was a victim of a qualifying  
            crime, and the certification must state that the victim was  
            helpful or likely helpful to the prosecution or investigation  
            of the crime.

          According to the author, there are some local law enforcement  
            agencies that do an exemplary job granting certifications.   
            But there are other law enforcement agencies that  
            systematically deny certifications on the basis of political  
            views on immigration matters.  Effectively, these agencies are  
            making the determination of whether one belongs in this county  
            or not, irrespective of the crime that has been committed  
            against an immigrant and irrespective of whether that victim  
            was helpful to law enforcement.

            SB 674 makes clear all entities that can certify victim  
            helpfulness, and that they must certify within 90 days of the  
            request the victim's helpfulness, if the victim was a victim  
            of one of the qualifying crimes.  SB 674 specifies a 14-day  
            time frame if the victim is in deportation proceedings. 

            The "certifying entity includes any of the following: 


             a)   A state or local law enforcement agency; 
             b)   A prosecutor; 


             c)   A judge;










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             d)   Any other authority that has responsibility for the  
               detection or investigation or prosecution of a qualifying  
               crime or criminal activity; or 


             e)   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.



          1)Argument in Support:  According to the Immigrant Legal  
            Resource Center, "Victims of certain crimes may be eligible  
            for legal status through a U-Visa. However, a problem these  
            victims are facing in California is that some entities that  
            can certify victim helpfulness refuse to even consider signing  
            Form I-918 Supplement B certifications. Others place their own  
            restrictions on which victims can receive the certification.   
            These refusals arbitrarily prevent these victims from seeking  
            relief to stay in this country.  This bill is necessary to  
            bring consistent treatment and equity to victims of crime and  
            require that all certifying entities certify victim  
            helpfulness in a consistent and fair manner."




          Analysis Prepared by:Pedro R. Reyes / APPR. / (916)  
          319-2081
















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