BILL ANALYSIS Ó SB 674 Page 1 Date of Hearing: August 19, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair SB 674 (De León) - As Introduced February 27, 2015 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|7 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 SB 674 Page 2 (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 SB 674 Page 3 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; SB 674 Page 4 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 SB 674 Page 5