Senate File 481 S-3300 Amend Senate File 481 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. NEW SECTION . 825.1 Definitions. 4 1. “Immigration detainer request” means a federal government 5 request to a local entity to maintain temporary custody of 6 an alien. “Immigration detainer request” includes verbal and 7 written requests, including a United States department of 8 homeland security form I-247 or a similar or successor form. 9 2. “Immigration law” means a law of this state or a federal 10 law relating to aliens, immigrants, or immigration, including 11 but not limited to the federal Immigration and Nationality Act, 12 8 U.S.C. §1101 et seq. 13 3. “Lawful detention” means the detention of a person by a 14 local entity for the investigation of a public offense. “Lawful 15 detention” excludes a detention if the sole reason for the 16 detention is that a person is a victim of or witness to a public 17 offense or is reporting a public offense. 18 4. “Local entity” means the governing body of a city or 19 county. “Local entity” includes an officer or employee of a 20 local entity or a division, department, or other body that is 21 part of a local entity, including but not limited to a sheriff, 22 police department, city attorney, or county attorney. 23 5. “Policy” includes a formal, written rule, policy, 24 procedure, regulation, order, ordinance, motion, resolution, or 25 amendment and an informal, unwritten policy. 26 6. “Public offense” excludes a moving traffic violation 27 under chapter 321. 28 Sec. 2. NEW SECTION . 825.2 Law enforcement agency duties —— 29 immigration detainer requests. 30 A law enforcement agency in this state that has custody of 31 a person subject to an immigration detainer request issued by 32 United States immigration and customs enforcement shall fully 33 comply with any instruction made in the detainer request and in 34 any other legal document provided by a federal agency. 35 -1- SF481.1876 (2) 87 je/rj 1/ 7 #1.
Sec. 3. NEW SECTION . 825.3 Completion of sentence in 1 federal custody. 2 1. The court, in a criminal proceeding in this state in 3 which the sentence requires a defendant who is the subject 4 of an immigration detainer request to be confined in a 5 correctional facility, shall issue an order at the time of 6 sentencing requiring the correctional facility in which the 7 defendant is to be confined and all appropriate government 8 officers to require the defendant to be transferred to serve in 9 federal custody the final portion of the defendant’s sentence, 10 not to exceed a period of seven days, if a facility or officer 11 determines that the change in the place of confinement will 12 facilitate the seamless transfer of the defendant into federal 13 custody. The court in a criminal proceeding in this state 14 shall retain jurisdiction to issue such an order at a later 15 date if the court receives notice from a federal agency that a 16 defendant was the subject of an immigration detainer request at 17 the time of sentencing. The court shall issue such an order as 18 soon as practicable after receiving such notice. 19 2. In the absence of an order issued under this section, 20 a facility or officer acting under exigent circumstances may 21 perform such a transfer after making a determination that the 22 change in the place of confinement will facilitate the seamless 23 transfer of the defendant into federal custody. 24 3. A defendant shall be transferred pursuant to this section 25 only if appropriate officers of the federal government consent 26 to the transfer of a defendant into federal custody under the 27 circumstances described in this section. 28 Sec. 4. NEW SECTION . 825.4 Restriction on enforcement of 29 immigration law prohibited. 30 1. A local entity shall not adopt or enforce a policy or 31 take any other action under which the local entity prohibits or 32 discourages the enforcement of immigration laws. 33 2. A local entity shall not prohibit or discourage a person 34 who is a law enforcement officer, corrections officer, county 35 -2- SF481.1876 (2) 87 je/rj 2/ 7
attorney, city attorney, or other official who is employed by 1 or otherwise under the direction or control of the local entity 2 from doing any of the following: 3 a. Inquiring about the immigration status of a person under 4 a lawful detention or under arrest. 5 b. Doing any of the following with respect to information 6 relating to the immigration status, lawful or unlawful, of any 7 person under a lawful detention or under arrest, including 8 information regarding the person’s place of birth: 9 (1) Sending the information to or requesting or receiving 10 the information from United States citizenship and immigration 11 services, United States immigration and customs enforcement, or 12 another relevant federal agency. 13 (2) Maintaining the information. 14 (3) Exchanging the information with another local entity or 15 a federal or state governmental entity. 16 c. Assisting or cooperating with a federal immigration 17 officer as reasonable or necessary, including providing 18 enforcement assistance. 19 d. Permitting a federal immigration officer to enter and 20 conduct enforcement activities at a jail or other detention 21 facility to enforce a federal immigration law. 22 Sec. 5. NEW SECTION . 825.5 Written policies. 23 No later than January 1, 2018, each state or local law 24 enforcement agency subject to this chapter shall do all of the 25 following: 26 1. Formalize in writing any unwritten, informal policies 27 relating to the enforcement of immigration laws. 28 2. Update the agency’s policies to be consistent with this 29 chapter, to require each officer or other employee of the law 30 enforcement agency to fully comply with this chapter, and to 31 prohibit an officer or other employee of the law enforcement 32 agency from preventing law enforcement agency personnel from 33 fully complying with this chapter. 34 Sec. 6. NEW SECTION . 825.6 Discrimination prohibited. 35 -3- SF481.1876 (2) 87 je/rj 3/ 7
A local entity or a person employed by or otherwise under 1 the direction or control of a local entity shall not consider 2 race, skin color, language spoken, or national origin while 3 enforcing immigration laws except to the extent permitted by 4 the Constitution of the United States or the Constitution of 5 the State of Iowa. 6 Sec. 7. NEW SECTION . 825.7 Victim of or witness to a crime 7 —— limitation on collection of information. 8 A local entity or a person employed by or otherwise under 9 the direction or control of a local entity shall not ask for 10 or collect any information from a victim of or witness to an 11 alleged public offense or from a person reporting an alleged 12 public offense, including the victim’s, witness’s, or person’s 13 national origin, that is not pertinent to the investigation of 14 the alleged public offense. 15 Sec. 8. NEW SECTION . 825.8 Complaints —— notification —— 16 civil action. 17 1. Any person, including a federal agency, may file a 18 complaint with the attorney general or a county attorney 19 alleging that a local entity has violated or is violating 20 this chapter if the person offers evidence to support such an 21 allegation. The person shall include with the complaint any 22 evidence the person has in support of the complaint. 23 2. A local entity for which the attorney general or county 24 attorney has received a complaint pursuant to this section 25 shall comply with any document requests, including a request 26 for supporting documents, from the attorney general or county 27 attorney relating to the complaint. 28 3. A complaint filed pursuant to subsection 1 shall not 29 be valid unless the attorney general or county attorney 30 determines that a violation of this chapter by a local entity 31 was intentional. 32 4. If the attorney general or county attorney determines 33 that a complaint filed pursuant to this section against a local 34 entity is valid, the attorney general or county attorney, not 35 -4- SF481.1876 (2) 87 je/rj 4/ 7
later than ten days after the date of such a determination, 1 shall provide written notification to the local entity by 2 certified mail, with return receipt requested, stating all of 3 the following: 4 a. A complaint pursuant to this section has been filed and 5 the grounds for the complaint. 6 b. The attorney general or county attorney has determined 7 that the complaint is valid. 8 c. The attorney general or county attorney is authorized to 9 file a civil action in district court pursuant to subsection 10 6 to enjoin a violation of this chapter no later than forty 11 days after the date on which the notification is received 12 if the local entity does not come into compliance with the 13 requirements of this chapter. 14 d. The local entity and any entity that is under the 15 jurisdiction of the local entity will be denied state funds 16 pursuant to section 825.9 for the state fiscal year following 17 the year in which a final judicial determination in a civil 18 action brought under this section is made. 19 5. No later than thirty days after the date on which a 20 local entity receives written notification under subsection 4, 21 the local entity shall provide the attorney general or county 22 attorney with all of the following: 23 a. Copies of all of the local entity’s written policies 24 relating to immigration enforcement actions. 25 b. A copy of each immigration detainer request received by 26 the local entity from a federal agency. 27 c. A copy of each response sent by the local entity to an 28 immigration detainer request described by paragraph “b” . 29 d. A description of all actions the local entity has taken 30 or will take to correct any violations of this chapter. 31 e. If applicable, any evidence that would refute the 32 allegations made in the complaint. 33 6. No later than forty days after the date on which the 34 notification pursuant to subsection 4 is received, the attorney 35 -5- SF481.1876 (2) 87 je/rj 5/ 7
general or county attorney shall file a civil action in 1 district court to enjoin any ongoing violation of this chapter 2 by a local entity. 3 Sec. 9. NEW SECTION . 825.9 Denial of state funds. 4 1. Notwithstanding any other provision of law to the 5 contrary, a local entity, including any entity under the 6 jurisdiction of the local entity, shall be ineligible to 7 receive any state funds if the local entity intentionally 8 violates this chapter. 9 2. State funds shall be denied to a local entity pursuant 10 to subsection 1 by all state agencies for each state fiscal 11 year that begins after the date on which a final judicial 12 determination that the local entity has intentionally violated 13 this chapter is made in a civil action brought pursuant to 14 section 825.8, subsection 6. State funds shall continue 15 to be denied until eligibility to receive state funds is 16 reinstated under section 825.10. However, any state funds for 17 the provision of wearable body protective gear used for law 18 enforcement purposes shall not be denied under this section. 19 3. The department of management shall adopt rules pursuant 20 to chapter 17A to implement this section and section 825.10 21 uniformly across state agencies from which state funds are 22 distributed to local entities. 23 Sec. 10. NEW SECTION . 825.10 Reinstatement of eligibility 24 to receive state funds. 25 1. Except as provided by subsection 5, no earlier than 26 twelve months after the date of a final judicial determination 27 that a local entity has intentionally violated the provisions 28 of this chapter, the local entity may petition the district 29 court that heard the civil action brought pursuant to section 30 825.8, subsection 6, to seek a declaratory judgment that the 31 local entity is in full compliance with this chapter. 32 2. A local entity that petitions the court as described by 33 subsection 1 shall comply with any document requests, including 34 a request for supporting documents, from the attorney general 35 -6- SF481.1876 (2) 87 je/rj 6/ 7
or county attorney relating to the action. 1 3. If the court issues a declaratory judgment declaring that 2 the local entity is in full compliance with this chapter, the 3 local entity’s eligibility to receive state funds is reinstated 4 beginning on the first day of the month following the date on 5 which the declaratory judgment is issued. 6 4. A local entity shall not petition the court as described 7 in subsection 1 more than twice in one twelve-month period. 8 5. A local entity may petition the court as described in 9 subsection 1 before the date provided in subsection 1 if the 10 person who was the director or other chief officer of the 11 local entity at the time of the violation of this chapter is 12 subsequently removed from or otherwise leaves office. 13 6. A party shall not be entitled to recover any attorney 14 fees in a civil action described by subsection 1. 15 Sec. 11. NEW SECTION . 825.11 Attorney general database. 16 The attorney general shall develop and maintain a searchable 17 database listing each local entity for which a final judicial 18 determination described in section 825.9, subsection 2, has 19 been made. The attorney general shall post the database on the 20 attorney general’s internet site. 21 Sec. 12. APPLICABILITY. This Act applies to the release of 22 a person from custody in this state on or after the effective 23 date of this Act. 24 Sec. 13. IMPLEMENTATION OF ACT. Section 25B.2, subsection 25 3, shall not apply to this Act. > 26 ______________________________ JULIAN GARRETT -7- SF481.1876 (2) 87 je/rj 7/ 7