BILL ANALYSIS Ó
SB 674
Page 1
SENATE THIRD READING
SB
674 (De León)
As Introduced February 27, 2015
Majority vote
SENATE VOTE: 38-0
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|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
Page 2
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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