H.F. 2388 Section 1. NEW SECTION . 915.105 Definitions. 1 For purposes of this subchapter, unless the context 2 otherwise requires: 3 1. “Certifying entity” means any of the following: 4 a. A state or local law enforcement agency. 5 b. A prosecutor. 6 c. A judge. 7 d. Any other authority that has responsibility for the 8 detection or investigation or prosecution of a qualifying crime 9 or qualifying criminal activity. 10 e. An agency that has criminal detection or investigative 11 jurisdiction in the agency’s areas of expertise. 12 2. “Certifying official” means any of the following: 13 a. The head of a certifying entity. 14 b. A person in a supervisory role who has been specifically 15 designated by the head of a certifying entity to issue form 16 I-918 supplement B certifications on behalf of the certifying 17 entity. 18 c. A judge. 19 d. Any other certifying official as defined under 8 C.F.R. 20 §214.14(a)(3). 21 3. “Form I-918” means a form issued by United States 22 citizenship and immigration services for the purpose of 23 an individual to petition for U nonimmigrant status, or a 24 successor form. 25 4. “Form I-918 supplement B ” means a form issued by United 26 States citizenship and immigration services for the purpose 27 of certification by a certifying official that an individual 28 submitting a form I-918 is a victim of qualifying criminal 29 activity and has been helpful, is being helpful, or is likely 30 to be helpful to the detection, investigation, or prosecution 31 of the qualifying criminal activity, or a successor form. 32 5. “Qualifying crime” includes a criminal offense for 33 which the nature and elements of the offense are substantially 34 similar to qualifying criminal activity, as well as the 35 -1- LSB 6114HH (2) 87 je/rj 1/ 5

H.F. 2388 attempt, conspiracy, or solicitation to commit such an offense. 1 6. “Qualifying criminal activity” means qualifying criminal 2 activity pursuant to 8 U.S.C. §1101(a)(15)(U)(iii). 3 7. “Victim” means an alien who has suffered direct and 4 proximate harm as a result of the commission of qualifying 5 criminal activity. 6 Sec. 2. NEW SECTION . 915.106 Certification of helpful 7 victim of crime —— federal form —— rebuttable presumption. 8 1. If an individual is a victim of qualifying criminal 9 activity and has been helpful, is being helpful, or is likely 10 to be helpful to the detection, investigation, or prosecution 11 of the qualifying criminal activity, a certifying official from 12 a certifying entity shall certify the helpful status of the 13 victim on a form I-918 supplement B upon the request of the 14 individual. 15 2. If the requirements of subsection 1 are met, the 16 certifying official shall fully complete and sign the form 17 I-918 supplement B and include specific details about the 18 nature of the crime detected, investigated, or prosecuted and a 19 detailed description of the victim’s helpful status or likely 20 helpful status relating to the detection, investigation, or 21 prosecution of the criminal activity. A current investigation, 22 the filing of charges, or a prosecution or conviction shall 23 not be required for a victim to request and obtain a form 24 I-918 supplement B certification from a certifying official. 25 A certifying entity shall process an I-918 supplement B 26 certification within ninety days of an individual’s request, 27 unless the individual is currently subject to removal 28 proceedings, in which case a certifying entity shall process 29 the certification within fourteen days of the individual’s 30 request. A certifying official shall not withdraw a 31 certification unless the victim refuses to provide information 32 and assistance when reasonably requested by law enforcement 33 personnel. 34 3. For purposes of determining a victim’s helpful status, 35 -2- LSB 6114HH (2) 87 je/rj 2/ 5

H.F. 2388 there shall be a rebuttable presumption that a victim is 1 helpful, has been helpful, or is likely to be helpful to 2 the detection, investigation, or prosecution of qualifying 3 criminal activity if the victim has not refused or failed to 4 provide information and assistance reasonably requested by law 5 enforcement personnel. 6 Sec. 3. NEW SECTION . 915.107 Nondisclosure of immigration 7 status. 8 A certifying entity shall not disclose to any person 9 the immigration status of an individual requesting a form 10 I-918 supplement B certification except to comply with 11 the requirements of federal law or a legal proceeding or 12 if authorized by the individual requesting the form I-918 13 supplement B certification. 14 Sec. 4. NEW SECTION . 915.108 Reports. 15 A certifying entity that receives a request for form I-918 16 supplement B certification shall submit an annual report to the 17 department of public safety no later than January 5 that shall 18 include the number of form I-918 supplement B certifications 19 requested from the entity, the number of certification forms 20 that were signed by certifying officials, and the number that 21 were denied. The department of public safety shall submit 22 an annual report to the general assembly and the governor no 23 later than January 15 that shall include the number of form 24 I-918 supplement B certifications requested in this state, the 25 number of certification forms that were signed by certifying 26 officials, and the number that were denied. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill requires an official from a law enforcement entity 31 to certify that an individual who is an alien is helpful on 32 a United States customs and immigration enforcement form 33 I-918 supplement B upon request if the individual is a victim 34 of qualifying criminal activity and has been helpful, is 35 -3- LSB 6114HH (2) 87 je/rj 3/ 5

H.F. 2388 being helpful, or is likely to be helpful to the detection, 1 investigation, or prosecution of the qualifying criminal 2 activity. 3 United States customs and immigration enforcement form I-918 4 is a form used by an alien who is a victim of certain crimes 5 and is helpful to law enforcement relating to such crimes to 6 petition for temporary immigration status as specified under 7 federal law. Certification by law enforcement on a form 8 I-918 supplement B that the alien was a victim of the crime 9 and is helpful to law enforcement relating to the crime is 10 a prerequisite to obtaining such status. The bill specifies 11 which law enforcement entities and officials and which crimes 12 are subject to the bill. 13 If the requirements specified in the bill are met, the 14 bill requires a certifying official to fully complete and 15 sign a form I-918 supplement B. The bill provides that a 16 current investigation, the filing of charges, or a prosecution 17 or conviction shall not be required for a victim to request 18 and obtain certification from a certifying official. The 19 bill provides deadlines for completion of certification. 20 The bill prohibits a certifying official from withdrawing a 21 certification unless the victim refuses to provide information 22 and assistance when reasonably requested by law enforcement 23 personnel. 24 The bill provides that for purposes of determining 25 a victim’s helpful status, there shall be a rebuttable 26 presumption that a victim is helpful, has been helpful, or 27 is likely to be helpful to the detection, investigation, or 28 prosecution of qualifying criminal activity if the victim has 29 not refused or failed to provide information and assistance 30 reasonably requested by law enforcement personnel. 31 The bill prohibits a certifying entity from disclosing the 32 immigration status of an individual requesting certification to 33 any person except to comply with the requirements of federal 34 law or a legal proceeding or if authorized by the individual 35 -4- LSB 6114HH (2) 87 je/rj 4/ 5

H.F. 2388 requesting certification. 1 The bill requires a certifying entity that receives a 2 request for form I-918 supplement B certification to submit 3 an annual report on such certifications to the department of 4 public safety no later than January 5. The bill requires the 5 department to submit an annual report on such certifications to 6 the general assembly and the governor no later than January 15. 7 The bill specifies the content of the reports. 8 -5- LSB 6114HH (2) 87 je/rj 5/ 5