BILL NUMBER: AB 2631	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Logue

                        FEBRUARY 19, 2010

   An act to add Section 653.65 to the Penal Code, relating to law
enforcement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2631, as introduced, Logue. Law enforcement: communication with
federal immigration authorities.
   Under existing federal law, no state or local government entity or
official may prohibit any government entity or official from sending
federal authorities information regarding the citizenship or
immigration status of any individual.
   This bill would declare that any ordinance or policy of a city,
county, city and county, or law enforcement agency that prevents or
limits a law enforcement agency, or an employee of a law enforcement
agency, from notifying federal authorities that a person may be
within the country illegally is void and not of any force or effect.
This bill would allow a resident of the local jurisdiction to apply
for a writ of mandate to compel the entity to comply with these
provisions.
   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 653.65 is added to the Penal Code, to read:
   653.65.  (a) An ordinance, policy, legislative or administrative
action, or any other action, of or by a city, county, city and
county, or law enforcement agency, that would prevent or limit a law
enforcement agency, or would prevent or limit any employee of any law
enforcement agency, from notifying the appropriate agency of the
United States having charge of deportation matters, that a person,
including a juvenile, within the jurisdiction of the law enforcement
agency is or may be within the country illegally, is void and shall
not be of any force or effect.
   (b) A person residing in a city, county, or city and county who
has reason to believe that the city, county, city and county, or law
enforcement agency having jurisdiction in the city, county, or city
and county is enforcing a policy in violation of this section may
apply for a writ of mandate pursuant to Section 1085 of the Code of
Civil Procedure to compel the city, county, city and county, or law
enforcement agency to comply with this section.
   (c) If the court grants the application for the writ of mandate, a
city, county, city and county, or law enforcement agency subject to
the writ shall be given between 90 and 120 calender days from the
date of the issuance of the writ to comply. If after 120 days, the
city, county, city and county, or law enforcement agency has not
compiled with the writ, the court may impose sanctions in an amount
necessary to enforce compliance.