Senate Bill No. 713

Introduced by Senator Nielsen

February 27, 2015

An act to amend Section 7282.5 of the Government Code, relating to state government.

LEGISLATIVE COUNSEL’S DIGEST

SB 713, as introduced, Nielsen. State government: federal immigration policy enforcement.

Existing federal law authorizes any authorized immigration officer to issue an immigration detainer that serves to advise another law enforcement agency that the federal department seeks custody of an alien presently in the custody of that agency, for the purpose of arresting and removing the alien. Existing federal law provides that the detainer is a request that the agency advise the department, prior to release of the alien, in order for the department to arrange to assume custody in situations when gaining immediate physical custody is either impracticable or impossible.

Existing state law prohibits a law enforcement official, as defined, from detaining an individual on the basis of a United States Immigration and Customs Enforcement hold after that individual becomes eligible for release from custody, unless, at the time that the individual becomes eligible for release from custody, certain conditions are met, including, among other things, that the individual has been convicted at any time of a felony for specified offenses and the continued detention of the individual on the basis of the immigration hold would not violate any federal, state, or local law, or any local policy.

This bill would expand the list of prior felony convictions to include the conviction of a felony which formed the basis upon which the individual was previously deported, thereby allowing a law enforcement official, if the continued detention of the individual on the basis of the immigration hold would not violate any federal, state, or local law, or any local policy, to detain an individual with that felony conviction on the basis of a United States Immigration and Customs Enforcement hold after that individual becomes eligible for release from custody.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 7282.5 of the Government Code is
amended to read:

7282.5.  

(a) A law enforcement official shall have discretion
to cooperate with federal immigration officials by detaining an
individual on the basis of an immigration hold after that individual
becomes eligible for release from custody only if the continued
detention of the individual on the basis of the immigration hold
would not violate any federal, state, or local law, or any local
policy, and only under any of the following circumstances:

(1) The individual has been convicted of a serious or violent
felony identified in subdivision (c) of Section 1192.7 of, or
subdivision (c) of Section 667.5 of, the Penal Code.

(2) The individual has been convicted of a felony punishable
by imprisonment in the state prison.

(3) The individual has been convicted within the past five years
of a misdemeanor for a crime that is punishable as either a
misdemeanor or a felony for, or has been convicted at any time of
a felony for, any of the following offenses:

(A) Assault, as specified in, but not limited to, Sections 217.1,
220, 240, 241.1, 241.4, 241.7, 244, 244.5, 245, 245.2, 245.3, 245.5,
4500, and 4501 of the Penal Code.

(B) Battery, as specified in, but not limited to, Sections 242,
243.1, 243.3, 243.4, 243.6, 243.7, 243.9, 273.5, 347, 4501.1, and
4501.5 of the Penal Code.

(C) Use of threats, as specified in, but not limited to, Sections
71, 76, 139, 140, 422, 601, and 11418.5 of the Penal Code.

(D) Sexual abuse, sexual exploitation, or crimes endangering
children, as specified in, but not limited to, Sections 266, 266a,
266b, 266c, 266d, 266f, 266g, 266h, 266i, 266j, 267, 269, 288,
288.5, 311.1, 311.3, 311.4, 311.10, 311.11, and 647.6 of the Penal
Code.

(E) Child abuse or endangerment, as specified in, but not limited
to, Sections 270, 271, 271a, 273a, 273ab, 273d, 273.4, and 278 of
the Penal Code.

(F) Burglary, robbery, theft, fraud, forgery, or embezzlement,
as specified in, but not limited to, Sections 211, 215, 459, 463,
470, 476, 487, 496, 503, 518, 530.5, 532, and 550 of the Penal
Code.

(G) Driving under the influence of alcohol or drugs, but only
for a conviction that is a felony.

(H) Obstruction of justice, as specified in, but not limited to,
Sections 69, 95, 95.1, 136.1, and 148.10 of the Penal Code.

(I) Bribery, as specified in, but not limited to, Sections 67, 67.5,
68, 74, 85, 86, 92, 93, 137, 138, and 165 of the Penal Code.

(J) Escape, as specified in, but not limited to, Sections 107, 109,
110, 4530, 4530.5, 4532, 4533, 4534, 4535, and 4536 of the Penal
Code.

(K) Unlawful possession or use of a weapon, firearm, explosive
device, or weapon of mass destruction, as specified in, but not
limited to, Sections 171b, 171c, 171d, 246, 246.3, 247, 417, 417.3,
417.6, 417.8, 4574, 11418, 11418.1, 12021.5, 12022, 12022.2,
12022.3, 12022.4, 12022.5, 12022.53, 12022.55, 18745, 18750,
and 18755 of, and subdivisions (c) and (d) of Section 26100 of,
the Penal Code.

(L) Possession of an unlawful deadly weapon, under the Deadly
Weapons Recodification Act of 2010 (Part 6 (commencing with
Section 16000) of the Penal Code).

(M) An offense involving the felony possession, sale,
distribution, manufacture, or trafficking of controlled substances.

(N) Vandalism with prior convictions, as specified in, but not
limited to, Section 594.7 of the Penal Code.

(O) Gang-related offenses, as specified in, but not limited to,
Sections 186.22, 186.26, and 186.28 of the Penal Code.

(P) An attempt, as defined in Section 664 of, or a conspiracy,
as defined in Section 182 of, the Penal Code, to commit an offense
specified in this section.

(Q) A crime resulting in death, or involving the personal
infliction of great bodily injury, as specified in, but not limited to,
subdivision (d) of Section 245.6 of, and Sections 187, 191.5, 192,
192.5, 12022.7, 12022.8, and 12022.9 of, the Penal Code.

(R) Possession or use of a firearm in the commission of an
offense.

(S) An offense that would require the individual to register as
a sex offender pursuant to Section 290, 290.002, or 290.006 of the
Penal Code.

(T) False imprisonment, slavery, and human trafficking, as
specified in, but not limited to, Sections 181, 210.5, 236, 236.1,
and 4503 of the Penal Code.

(U) Criminal profiteering and money laundering, as specified
in, but not limited to, Sections 186.2, 186.9, and 186.10 of the
Penal Code.

(V) Torture and mayhem, as specified in, but not limited to,
Section 203 of the Penal Code.

(W) A crime threatening the public safety, as specified in, but
not limited to, Sections 219, 219.1, 219.2, 247.5, 404, 404.6, 405a,
451, and 11413 of the Penal Code.

(X) Elder and dependent adult abuse, as specified in, but not
limited to, Section 368 of the Penal Code.

(Y) A hate crime, as specified in, but not limited to, Section
422.55 of the Penal Code.

(Z) Stalking, as specified in, but not limited to, Section 646.9
of the Penal Code.

(AA) Soliciting the commission of a crime, as specified in, but
not limited to, subdivision (c) of Section 286 of, and Sections 653j
and 653.23 of, the Penal Code.

(AB) An offense committed while on bail or released on his or
her own recognizance, as specified in, but not limited to, Section
12022.1 of the Penal Code.

(AC) Rape, sodomy, oral copulation, or sexual penetration, as
specified in, but not limited to, paragraphs (2) and (6) of
subdivision (a) of Section 261 of, paragraphs (1) and (4) of
subdivision (a) of Section 262 of, Section 264.1 of, subdivisions
(c) and (d) of Section 286 of, subdivisions (c) and (d) of Section
288a of, and subdivisions (a) and (j) of Section 289 of, the Penal
Code.

(AD) Kidnapping, as specified in, but not limited to, Sections
207, 209, and 209.5 of the Penal Code.

(AE) A violation of subdivision (c) of Section 20001 of the
Vehicle Code.

begin insert

(AF) A felony which formed the basis upon which the individual
was previously deported.

end insert

(4) The individual is a current registrant on the California Sex
and Arson Registry.

(5) The individual is arrested and taken before a magistrate on
a charge involving a serious or violent felony, as identified in
subdivision (c) of Section 1192.7 or subdivision (c) of Section
667.5 of the Penal Code, a felony punishable by imprisonment in
state prison, or any felony listed in paragraph (2) or (3) other than
domestic violence, and the magistrate makes a finding of probable
cause as to that charge pursuant to Section 872 of the Penal Code.

(6) The individual has been convicted of a federal crime that
meets the definition of an aggravated felony as set forth in
subparagraphs (A) to (P), inclusive, of paragraph (43) of subsection
(a) of Section 101 of the federal Immigration and Nationality Act
(8 U.S.C. Sec. 1101), or is identified by the United States
Department of Homeland Security’s Immigration and Customs
Enforcement as the subject of an outstanding federal felony arrest
warrant.

(b) If none of the conditions listed in subdivision (a) is satisfied,
an individual shall not be detained on the basis of an immigration
hold after the individual becomes eligible for release from custody.