S.F. 481 Section 1. NEW SECTION . 825.1 Definitions. 1 1. “Campus police department” means a law enforcement agency 2 of an institution governed by the state board of regents, a 3 community college, or any other postsecondary educational 4 institution in this state that receives state funds. 5 2. “Immigration detainer request” means a federal government 6 request to a local entity or campus police department to 7 maintain temporary custody of an alien. “Immigration detainer 8 request” includes verbal and written requests, including a 9 United States department of homeland security form I-247 or a 10 similar or successor form. 11 3. “Immigration law” means a law of this state or a federal 12 law relating to aliens, immigrants, or immigration, including 13 but not limited to the federal Immigration and Nationality Act, 14 8 U.S.C. §1101 et seq. 15 4. “Lawful detention” means the detention of a person by a 16 local entity or campus police department for the investigation 17 of a public offense. “Lawful detention” excludes a detention if 18 the sole reason for the detention is that a person is a victim 19 of or witness to a public offense or is reporting a public 20 offense. 21 5. “Local entity” means the governing body of a city, 22 county, institution governed by the state board of regents, 23 community college, or any other postsecondary educational 24 institution in this state that receives state funds. “Local 25 entity” includes an officer or employee of a local entity 26 or a division, department, or other body that is part of a 27 local entity, including but not limited to a sheriff, police 28 department, city attorney, or county attorney. 29 6. “Policy” includes a formal, written rule, policy, 30 procedure, regulation, order, ordinance, motion, resolution, or 31 amendment and an informal, unwritten policy. 32 7. “Public offense” excludes a moving traffic violation 33 under chapter 321. 34 Sec. 2. NEW SECTION . 825.2 County and city liability —— 35 -1- LSB 1765SV (2) 87 je/rj 1/ 14

S.F. 481 failure to comply with immigration detainer request. 1 1. If a county or city or officer or employee of a county 2 or city or a division, department, or other body that is part 3 of a county or city releases from custody a person who is the 4 subject of an immigration detainer request issued by United 5 States immigration and customs enforcement and received by 6 the county or city, the county or city shall be liable under 7 chapter 670 for damages resulting from any felony committed 8 by the person in this state within ten years following such 9 person’s release if all of the following apply: 10 a. The county or city did not detain the person as 11 requested. 12 b. The county or city had probable cause to believe that the 13 person was not a citizen of the United States and was subject 14 to removal from the United States. 15 c. The person had been convicted before release of a public 16 offense punishable as a serious misdemeanor or greater offense. 17 2. A county or city shall not be liable for damages 18 sustained by a person who was the subject of an immigration 19 detainer request following the person’s release from custody by 20 a county or city. 21 Sec. 3. NEW SECTION . 825.3 Enforcement of federal 22 immigration law by law enforcement officers. 23 1. A state or local law enforcement officer shall not stop 24 a motor vehicle or conduct a search of a business or residence 25 solely to enforce a federal immigration law, unless the officer 26 is acting at the request of, or providing assistance to, an 27 appropriate federal law enforcement officer or is acting under 28 the terms of an agreement between the law enforcement agency 29 employing the officer and a federal agency under which the law 30 enforcement agency employing the officer receives delegated 31 authority to enforce the federal immigration law. 32 2. A state or local law enforcement officer may arrest a 33 person on the grounds that the person is an alien not lawfully 34 present in the United States only if the officer is acting in 35 -2- LSB 1765SV (2) 87 je/rj 2/ 14

S.F. 481 accordance with this chapter and under authority specifically 1 granted under applicable federal immigration law. 2 Sec. 4. NEW SECTION . 825.4 Law enforcement agency duties —— 3 immigration detainer requests. 4 A law enforcement agency in this state that has custody of 5 a person subject to an immigration detainer request issued by 6 United States immigration and customs enforcement shall fully 7 comply with any instruction made in the detainer request and in 8 any other legal document provided by a federal agency. 9 Sec. 5. NEW SECTION . 825.5 Completion of sentence in 10 federal custody. 11 1. The court, in a criminal proceeding in this state in 12 which the sentence requires a defendant who is the subject 13 of an immigration detainer request to be confined in a 14 correctional facility, shall issue an order at the time of 15 sentencing requiring the correctional facility in which the 16 defendant is to be confined and all appropriate government 17 officers to require the defendant to be transferred to serve in 18 federal custody the final portion of the defendant’s sentence, 19 not to exceed a period of seven days, if a facility or officer 20 determines that the change in the place of confinement will 21 facilitate the seamless transfer of the defendant into federal 22 custody. The court in a criminal proceeding in this state 23 shall retain jurisdiction to issue such an order at a later 24 date if the court receives notice from a federal agency that a 25 defendant was the subject of an immigration detainer request at 26 the time of sentencing. The court shall issue such an order as 27 soon as practicable after receiving such notice. 28 2. In the absence of an order issued under this section, 29 a facility or officer acting under exigent circumstances may 30 perform such a transfer after making a determination that the 31 change in the place of confinement will facilitate the seamless 32 transfer of the defendant into federal custody. 33 3. A defendant shall be transferred pursuant to this section 34 only if appropriate officers of the federal government consent 35 -3- LSB 1765SV (2) 87 je/rj 3/ 14

S.F. 481 to the transfer of a defendant into federal custody under the 1 circumstances described in this section. 2 Sec. 6. NEW SECTION . 825.6 Restriction on enforcement of 3 immigration law prohibited. 4 1. A local entity or campus police department shall not 5 adopt or enforce a policy or take any other action under which 6 the local entity or campus police department prohibits or 7 discourages the enforcement of immigration laws. 8 2. A local entity or campus police department shall not 9 prohibit or discourage a person who is a law enforcement 10 officer, corrections officer, county attorney, city attorney, 11 or other official who is employed by or otherwise under the 12 direction or control of the local entity or campus police 13 department from doing any of the following: 14 a. Inquiring about the immigration status of a person under 15 a lawful detention or under arrest. 16 b. Doing any of the following with respect to information 17 relating to the immigration status, lawful or unlawful, of any 18 person under a lawful detention or under arrest, including 19 information regarding the person’s place of birth: 20 (1) Sending the information to or requesting or receiving 21 the information from United States citizenship and immigration 22 services, United States immigration and customs enforcement, or 23 another relevant federal agency. 24 (2) Maintaining the information. 25 (3) Exchanging the information with another local entity 26 or campus police department or a federal or state governmental 27 entity. 28 c. Assisting or cooperating with a federal immigration 29 officer as reasonable or necessary, including providing 30 enforcement assistance. 31 d. Permitting a federal immigration officer to enter and 32 conduct enforcement activities at a jail or other detention 33 facility to enforce a federal immigration law. 34 Sec. 7. NEW SECTION . 825.7 Written policies. 35 -4- LSB 1765SV (2) 87 je/rj 4/ 14

S.F. 481 No later than January 1, 2018, each state or local law 1 enforcement agency subject to this chapter shall do all of the 2 following: 3 1. Formalize in writing any unwritten, informal policies 4 relating to the enforcement of immigration laws. 5 2. Update the agency’s policies to be consistent with this 6 chapter, to require each officer or other employee of the law 7 enforcement agency to fully comply with this chapter, and to 8 prohibit an officer or other employee of the law enforcement 9 agency from preventing law enforcement agency personnel from 10 fully complying with this chapter. 11 Sec. 8. NEW SECTION . 825.8 Discrimination prohibited. 12 A local entity, campus police department, or a person 13 employed by or otherwise under the direction or control of a 14 local entity or campus police department shall not consider 15 race, skin color, language spoken, or national origin while 16 enforcing immigration laws except to the extent permitted by 17 the Constitution of the United States or the Constitution of 18 the State of Iowa. 19 Sec. 9. NEW SECTION . 825.8A Victim of or witness to a crime 20 —— limitation on collection of information. 21 A local entity, campus police department, or a person 22 employed by or otherwise under the direction or control of a 23 local entity or campus police department shall not ask for 24 or collect any information from a victim of or witness to an 25 alleged public offense or from a person reporting an alleged 26 public offense, including the victim’s, witness’s, or person’s 27 national origin, that is not pertinent to the investigation of 28 the alleged public offense. 29 Sec. 10. NEW SECTION . 825.9 Complaints —— notification —— 30 civil action. 31 1. Any person, including a federal agency, may file a 32 complaint with the attorney general or a county attorney 33 alleging that a local entity or campus police department has 34 violated or is violating this chapter if the person offers 35 -5- LSB 1765SV (2) 87 je/rj 5/ 14

S.F. 481 evidence to support such an allegation. The person shall 1 include with the complaint any evidence the person has in 2 support of the complaint. 3 2. A local entity or campus police department for which the 4 attorney general or county attorney has received a complaint 5 pursuant to this section shall comply with any document 6 requests, including a request for supporting documents, 7 from the attorney general or county attorney relating to the 8 complaint. 9 3. A complaint filed pursuant to subsection 1 shall not be 10 valid unless the attorney general or county attorney determines 11 that a violation of this chapter by a local entity or campus 12 police department was intentional. 13 4. If the attorney general or county attorney determines 14 that a complaint filed pursuant to this section against 15 a local entity or campus police department is valid, the 16 attorney general or county attorney, not later than ten days 17 after the date of such a determination, shall provide written 18 notification to the local entity or campus police department 19 by certified mail, with return receipt requested, stating all 20 of the following: 21 a. A complaint pursuant to this section has been filed and 22 the grounds for the complaint. 23 b. The attorney general or county attorney has determined 24 that the complaint is valid. 25 c. The attorney general or county attorney is authorized to 26 file a civil action in district court pursuant to subsection 27 6 to enjoin a violation of this chapter no later than forty 28 days after the date on which the notification is received if 29 the local entity or campus police department does not come into 30 compliance with the requirements of this chapter. 31 d. The local entity or campus police department and any 32 entity that is under the jurisdiction of the local entity or 33 campus police department will be denied state funds pursuant to 34 section 825.10 for the state fiscal year following the year in 35 -6- LSB 1765SV (2) 87 je/rj 6/ 14

S.F. 481 which a final judicial determination in a civil action brought 1 under this section is made. 2 5. No later than thirty days after the date on which a 3 local entity or campus police department receives written 4 notification under subsection 4, the local entity or campus 5 police department shall provide the attorney general or county 6 attorney with all of the following: 7 a. Copies of all of the local entity’s or campus police 8 department’s written policies relating to immigration 9 enforcement actions. 10 b. A copy of each immigration detainer request received by 11 the local entity or campus police department from a federal 12 agency. 13 c. A copy of each response sent by the local entity or 14 campus police department to an immigration detainer request 15 described by paragraph “b” . 16 d. A description of all actions the local entity or campus 17 police department has taken or will take to correct any 18 violations of this chapter. 19 e. If applicable, any evidence that would refute the 20 allegations made in the complaint. 21 6. No later than forty days after the date on which the 22 notification pursuant to subsection 4 is received, the attorney 23 general or county attorney shall file a civil action in 24 district court to enjoin any ongoing violation of this chapter 25 by a local entity or campus police department. 26 Sec. 11. NEW SECTION . 825.10 Denial of state funds. 27 1. Notwithstanding any other provision of law to the 28 contrary, a local entity, including any entity under the 29 jurisdiction of the local entity, or a campus police department 30 shall be ineligible to receive any state funds if the local 31 entity or campus police department intentionally violates this 32 chapter. 33 2. State funds shall be denied to a local entity or campus 34 police department pursuant to subsection 1 by all state 35 -7- LSB 1765SV (2) 87 je/rj 7/ 14

S.F. 481 agencies for each state fiscal year that begins after the date 1 on which a final judicial determination that the local entity 2 or campus police department has intentionally violated this 3 chapter is made in a civil action brought pursuant to section 4 825.9, subsection 6. State funds shall continue to be denied 5 until eligibility to receive state funds is reinstated under 6 section 825.11. However, any state funds for the provision of 7 wearable body protective gear used for law enforcement purposes 8 shall not be denied under this section. 9 3. The department of management shall adopt rules pursuant 10 to chapter 17A to implement this section and section 825.11 11 uniformly across state agencies from which state funds are 12 distributed to local entities and campus police departments. 13 Sec. 12. NEW SECTION . 825.11 Reinstatement of eligibility 14 to receive state funds. 15 1. Except as provided by subsection 5, no earlier 16 than twelve months after the date of a final judicial 17 determination that a local entity or campus police department 18 has intentionally violated the provisions of this chapter, 19 the local entity or campus police department may petition the 20 district court that heard the civil action brought pursuant to 21 section 825.9, subsection 6, to seek a declaratory judgment 22 that the local entity or campus police department is in full 23 compliance with this chapter. 24 2. A local entity or campus police department that petitions 25 the court as described by subsection 1 shall comply with 26 any document requests, including a request for supporting 27 documents, from the attorney general or county attorney 28 relating to the action. 29 3. If the court issues a declaratory judgment declaring 30 that the local entity or campus police department is in full 31 compliance with this chapter, the local entity’s or campus 32 police department’s eligibility to receive state funds is 33 reinstated beginning on the first day of the month following 34 the date on which the declaratory judgment is issued. 35 -8- LSB 1765SV (2) 87 je/rj 8/ 14

S.F. 481 4. A local entity or campus police department shall not 1 petition the court as described in subsection 1 more than twice 2 in one twelve-month period. 3 5. A local entity or campus police department may petition 4 the court as described in subsection 1 before the date provided 5 in subsection 1 if the person who was the director or other 6 chief officer of the local entity or campus police department 7 at the time of the violation of this chapter is subsequently 8 removed from or otherwise leaves office. 9 6. A party shall not be entitled to recover any attorney 10 fees in a civil action described by subsection 1. 11 Sec. 13. NEW SECTION . 825.12 Attorney general database. 12 The attorney general shall develop and maintain a searchable 13 database listing each local entity and campus police department 14 for which a final judicial determination described in section 15 825.10, subsection 2, has been made. The attorney general 16 shall post the database on the attorney general’s internet 17 site. 18 Sec. 14. NEW SECTION . 825.13 Applicability. 19 1. This chapter does not apply to a school district or 20 nonpublic school. This chapter does not apply to the release 21 of information contained in education records of an educational 22 agency or institution, except in conformity with the federal 23 Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 24 §1232g. 25 2. This chapter does not apply to a hospital if the hospital 26 is providing access to or delivering medical or health care 27 services as required under 42 U.S.C. §1395dd or 42 U.S.C. 28 §1396b(v). However, this chapter shall apply to any law 29 enforcement officer employed by a hospital. 30 Sec. 15. APPLICABILITY. This Act applies to the release of 31 a person from custody in this state on or after the effective 32 date of this Act. 33 Sec. 16. IMPLEMENTATION OF ACT. Section 25B.2, subsection 34 3, shall not apply to this Act. 35 -9- LSB 1765SV (2) 87 je/rj 9/ 14

S.F. 481 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill relates to the enforcement of immigration laws. 4 The bill defines immigration law as a law of this state or 5 a federal law relating to aliens, immigrants, or immigration, 6 including but not limited to the federal Immigration and 7 Nationality Act. 8 The bill provides that if a county or city or officer or 9 employee of a county or city or a division, department, or 10 other body that is part of a county or city releases from 11 custody a person who is the subject of an immigration detainer 12 request issued by United States immigration and customs 13 enforcement and received by the county or city, the county 14 or city shall be liable under Code chapter 670 for damages 15 resulting from any felony committed by the person in this 16 state within 10 years following the person’s release. The 17 bill provides that a county or city is only liable if certain 18 conditions specified in the bill are met. The bill provides 19 that a county or city shall not be liable for damages sustained 20 by a person who is the subject of an immigration detainer 21 request following the person’s release from custody by a county 22 or city. 23 The bill defines “immigration detainer request" as a 24 federal government request to a local entity or campus 25 police department to maintain temporary custody of an alien. 26 “Immigration detainer request” includes verbal and written 27 requests, including a United States department of homeland 28 security form I-247 or a similar or successor form. 29 The bill prohibits a state or local law enforcement officer 30 from stopping a motor vehicle or conducting a search of a 31 business or residence solely to enforce a federal immigration 32 law except under certain specified circumstances. 33 The bill permits a state or local law enforcement officer 34 to arrest a person on the grounds that the person is an alien 35 -10- LSB 1765SV (2) 87 je/rj 10/ 14

S.F. 481 not lawfully present in the United States only if the officer 1 is acting in accordance with the bill and under authority 2 specifically granted under applicable federal immigration law. 3 The bill requires a law enforcement agency in this state 4 that has custody of a person subject to an immigration detainer 5 request issued by United States immigration and customs 6 enforcement to fully comply with any instruction made in the 7 detainer request and in any other legal document provided by 8 a federal agency. 9 The bill requires the court in a criminal proceeding in this 10 state in which the sentence requires a defendant subject to an 11 immigration detainer request to be confined in a correctional 12 facility, to issue an order at the time of sentencing, or at 13 a later date, requiring the correctional facility in which 14 the defendant is to be confined to require the defendant to 15 be transferred to serve in federal custody the final portion 16 of the defendant’s sentence, not to exceed a period of seven 17 days, if a facility or officer determines that the change 18 in the place of confinement will facilitate the seamless 19 transfer of the defendant into federal custody. A defendant 20 shall be transferred pursuant to the bill only if appropriate 21 officers of the federal government consent to the transfer 22 of a defendant into federal custody under the circumstances 23 described in the bill. 24 The bill prohibits a local entity or campus police 25 department from adopting or enforcing a policy or take any 26 other action under which the entity or department prohibits or 27 discourages the enforcement of immigration laws. 28 The bill prohibits a local entity or campus police 29 department from prohibiting or discouraging a person who 30 is a law enforcement officer, corrections officer, county 31 attorney, city attorney, or other official who is employed by 32 or otherwise under the direction or control of the entity or 33 department from carrying out various activities specified in 34 the bill relating to enforcement of immigration laws. 35 -11- LSB 1765SV (2) 87 je/rj 11/ 14

S.F. 481 The bill defines “local entity” as the governing body 1 of a city, county, institution governed by the state board 2 of regents, community college, or any other postsecondary 3 educational institution in this state that receives state 4 funds. 5 The bill defines “campus police department” as a law 6 enforcement agency of an institution governed by the board 7 of regents, a community college, or any other postsecondary 8 educational institution in this state that receives state 9 funds. 10 The bill requires each state or local law enforcement agency 11 subject to the bill to formalize in writing any unwritten, 12 informal policies relating to the enforcement of immigration 13 laws and to update the agency’s policies to be consistent with 14 the bill and to require full compliance with the bill. These 15 actions must be carried out no later than January 1, 2018. 16 The bill prohibits a local entity, campus police department, 17 or a person employed by or otherwise under the direction or 18 control of an entity or department from considering race, skin 19 color, language spoken, or national origin while enforcing 20 immigration laws except to the extent permitted by the United 21 States Constitution or Iowa Constitution. 22 The bill prohibits a local entity, campus police department, 23 or a person employed by or otherwise under the direction or 24 control of a local entity or campus police department from 25 asking for or collecting any information from a victim of or 26 witness to an alleged public offense or from a person reporting 27 an alleged public offense, including the victim’s, witness’s, 28 or person’s national origin, that is not pertinent to the 29 investigation of the alleged public offense. 30 The bill permits any person, including a federal agency, to 31 file a complaint with the attorney general or a county attorney 32 alleging that a local entity or campus police department has 33 violated or is violating the requirements of the bill if the 34 person offers evidence to support such an allegation. The 35 -12- LSB 1765SV (2) 87 je/rj 12/ 14

S.F. 481 bill provides that a complaint shall not be valid unless the 1 attorney general or county attorney determines that a violation 2 of the requirements of the bill by a local entity or campus 3 police department was intentional. 4 If the attorney general or county attorney determines that 5 a complaint is valid, the bill requires the attorney general 6 or county attorney to provide notification to the entity or 7 department within 10 days of the determination. The bill 8 requires the entity or department to provide a response to 9 the attorney general or county attorney within 30 days of 10 receiving the notification. The bill specifies the content of 11 the notification and response. 12 The bill requires the attorney general or county attorney 13 to file a civil action in district court to enjoin any ongoing 14 violation of the requirements of the bill by a local entity or 15 campus police department no later than 40 days after the date 16 on which the notification is received. 17 The bill provides that, notwithstanding any other provision 18 of law to the contrary, a local entity, including any entity 19 under the jurisdiction of the local entity, or a campus police 20 department shall not be eligible to receive any state funds if 21 the local entity or department intentionally violates the bill. 22 State funds shall continue to be denied until eligibility to 23 receive state funds is reinstated as provided in the bill. 24 The bill provides that any state funds for the provision 25 of wearable body protective gear used for law enforcement 26 purposes shall not be denied in this way. The bill requires 27 the department of management to adopt rules to implement the 28 denial of and reinstatement of eligibility to receive state 29 funds uniformly across state agencies. 30 The bill permits a local entity or campus police department 31 to petition the district court that heard the civil action 32 brought pursuant to the bill to seek a declaratory judgment 33 that the entity or department is in full compliance with the 34 bill in order to restore the eligibility to receive state 35 -13- LSB 1765SV (2) 87 je/rj 13/ 14

S.F. 481 funds. 1 The bill requires the attorney general to develop, post, 2 and maintain a searchable database listing each local entity 3 and campus police department for which a final judicial 4 determination that the entity or department has intentionally 5 violated the requirements of the bill has been made. 6 The bill does not apply to a school district or nonpublic 7 school. The bill does not apply to the release of information 8 contained in education records of an educational agency or 9 institution, except in conformity with the federal Family 10 Educational Rights and Privacy Act of 1974. The bill does not 11 apply to a hospital if the hospital is providing access to or 12 delivering medical or health care services as required under 13 federal laws specified in the bill. However, the bill does 14 apply to any law enforcement officer employed by a hospital. 15 The bill applies to the release of a person from custody in 16 this state on or after the effective date of the bill. 17 The bill may include a state mandate as defined in Code 18 section 25B.3. The bill makes inapplicable Code section 25B.2, 19 subsection 3, which would relieve a political subdivision from 20 complying with a state mandate if funding for the cost of 21 the state mandate is not provided or specified. Therefore, 22 political subdivisions are required to comply with any state 23 mandate included in the bill. 24 -14- LSB 1765SV (2) 87 je/rj 14/ 14