BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 674


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          SENATE THIRD READING


          SB  
          674 (De León)


          As Introduced  February 27, 2015


          Majority vote


          SENATE VOTE:  38-0


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Public Safety   |7-0  |Quirk, Melendez,      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Jones-Sawyer, Lackey, |                    |
          |                |     |Lopez, Low, Santiago  |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |17-0 |Gomez, Bigelow,       |                    |
          |                |     |Bloom, Bonta,         |                    |
          |                |     |Calderon, Chang,      |                    |
          |                |     |Nazarian, Eggman,     |                    |
          |                |     |Gallagher, Eduardo    |                    |
          |                |     |Garcia, Holden,       |                    |
          |                |     |Jones, Quirk, Rendon, |                    |
          |                |     |Wagner, Weber, Wood   |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |








                                                                     SB 674


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          SUMMARY:  Requires agencies, upon the request of an immigrant  
          victim of crime, to certify victim helpfulness on the applicable  
          form so that the victim may apply for a U-visa to temporarily  
          live and work in the United States.  Specifically, this bill:  


          1)Provides that upon the request of the victim or victim's  
            family member, a certifying official from a certifying entity  
            shall certify victim helpfulness on the Form I-918 Supplement  
            B certification, when the victim was a victim of a qualifying  
            criminal activity and has been helpful, is being helpful, or  
            is likely to be helpful to the detection or investigation or  
            prosecution of that qualifying criminal activity.


          2)States that in determining helpfulness, there is a 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 law enforcement.


          3)Requires a certifying official to fully complete and sign the  
            Form I-918 Supplement B certification and, regarding victim  
            helpfulness, include specific details about the nature of the  
            crime investigated or prosecuted and a detailed description of  
            the victim's helpfulness or likely helpfulness to the  
            detection or investigation or prosecution of the criminal  
            activity.


          4)States that a certifying entity shall process an I-918  
            Supplement B certification within 90 days of request, unless  
            the non-citizen is in removal proceedings, in which case the  
            certification shall be processed within 14 days of request.








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


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


          7)Prohibits a certifying entity 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 victim or person  
            requesting the Form I-918 Supplement B certification.


          8)Mandates a certifying entity that receives a request for a  
            Form I-918 Supplemental B certification to report to the  
            Legislature, on or before January 1, 2017, and annually  
            thereafter, the number of victims that requested Form I-918  
            Form B certifications from the entity, the number of those  
            certification forms that were signed, and the number that were  
            denied. 


          9)Defines a "certifying entity" to include any of the following:  



             a)   A state or local law enforcement agency;


             b)   A prosecutor;










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             c)   A judge;


             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.


          10)States that for purposes of this bill, a "certifying  
            official" is any of the following:


             a)   The head of the certifying entity;


             b)   A person in a supervisory role who has been specifically  
               designated by the head of the certifying entity to issue  
               Form I-918 Supplement B certifications on behalf of that  
               agency;


             c)   A judge; or


             d)   Any other certifying official as defined in federal  
               regulations.


          11)Provides the following list of "qualifying criminal  
            activity":  rape; torture; human trafficking; incest; domestic  
            violence; sexual assault; abusive sexual conduct;  
            prostitution; sexual exploitation; female genital mutilation;  








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            being held hostage; peonage; perjury; involuntary servitude;  
            slavery; kidnaping; abduction; unlawful criminal restraint;  
            false imprisonment; blackmail; extortion; manslaughter;  
            murder; felonious assault; witness tampering; obstruction of  
            justice; fraud in foreign labor contracting; or stalking.


          12)States that a "qualifying crime" includes criminal offenses  
            for which the nature and elements of the offenses are  
            substantially similar to the criminal activity described in  
            the list of "qualifying criminal activity", and the attempt,  
            conspiracy, or solicitation to commit any of those offenses.


          EXISTING FEDERAL LAW:  Allows an immigrant who has been a victim  
          of a specified crime to receive a U-visa if the Secretary of  
          Homeland Security makes a determination based on certain  
          factors.


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, 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









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          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:  According to the author, "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 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, the  
          State and local governments play an important role in this  
          process.


          "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  
          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.


          "There are some local law enforcement agencies that do an  
          exemplary job granting certifications.  For example, the Oakland  
          Police Department and L.A. Police Department.


          "There are other law enforcement agencies - the Kern County  
          Sheriff, for example - that systematically deny certifications  
          on the basis of political views on immigration matters.  They  
          are making the determination of whether one belongs in this  
          county or not, irrespective of the crime that has been committed  








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          against an immigrant and irrespective of whether that victim was  
          helpful to law enforcement.


          "This bill makes clear that all entities that can certify victim  
          helpfulness must certify victim helpfulness if the victim was a  
          victim of one of the qualifying crimes and the victim was  
          helpful or likely to be helpful to the prosecution or  
          investigation of the crime.


          "The Kern County Sheriff and other entities will no longer be  
          permitted to subjectively make immigration decisions. That is  
          for the federal government to do.


          "Whether you are a victim of crime in Kern County or Alameda  
          County should not matter in terms of whether you obtain a  
          U-Visa.  This bill brings equity to immigrant victims of crime."


          Analysis Prepared by:                                             
                          Stella Choe / PUB. S. / (916) 319-3744  FN:  
          0001619