S.F. _____ 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 Sec. 2. NEW SECTION . 825.2 County and city liability —— 33 failure to comply with immigration detainer request. 34 1. If a county or city or officer or employee of a county 35 -1- LSB 1765XC (8) 87 je/rj 1/ 14

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

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

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

S.F. _____ Sec. 7. NEW SECTION . 825.7 Written policies. 1 No later than January 1, 2018, each state or local law 2 enforcement agency subject to this chapter shall do all of the 3 following: 4 1. Formalize in writing any unwritten, informal policies 5 relating to the enforcement of immigration laws. 6 2. Update the agency’s policies to be consistent with this 7 chapter, to require each officer or other employee of the law 8 enforcement agency to fully comply with this chapter, and to 9 prohibit an officer or other employee of the law enforcement 10 agency from preventing law enforcement agency personnel from 11 fully complying with this chapter. 12 Sec. 8. NEW SECTION . 825.8 Discrimination prohibited. 13 A local entity, campus police department, or a person 14 employed by or otherwise under the direction or control of a 15 local entity or campus police department shall not consider 16 race, skin color, language spoken, or national origin while 17 enforcing immigration laws except to the extent permitted by 18 the Constitution of the United States or the Constitution of 19 the State of Iowa. 20 Sec. 9. NEW SECTION . 825.9 Complaints —— notification —— 21 civil action. 22 1. Any person, including a federal agency, may file a 23 complaint with the attorney general or a county attorney 24 alleging that a local entity or campus police department has 25 violated or is violating this chapter if the person offers 26 evidence to support such an allegation. The person shall 27 include with the complaint any evidence the person has in 28 support of the complaint. 29 2. A local entity or campus police department for which the 30 attorney general or county attorney has received a complaint 31 pursuant to this section shall comply with any document 32 requests, including a request for supporting documents, 33 from the attorney general or county attorney relating to the 34 complaint. 35 -5- LSB 1765XC (8) 87 je/rj 5/ 14

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

S.F. _____ enforcement actions. 1 b. A copy of each immigration detainer request received by 2 the local entity or campus police department from a federal 3 agency. 4 c. A copy of each response sent by the local entity or 5 campus police department to an immigration detainer request 6 described by paragraph “b” . 7 d. A description of all actions the local entity or campus 8 police department has taken or will take to correct any 9 violations of this chapter. 10 e. If applicable, any evidence that would refute the 11 allegations made in the complaint. 12 6. No later than forty days after the date on which the 13 notification pursuant to subsection 4 is received, the attorney 14 general or county attorney shall file a civil action in 15 district court to enjoin any ongoing violation of this chapter 16 by a local entity or campus police department. 17 Sec. 10. NEW SECTION . 825.10 Denial of state funds. 18 1. Notwithstanding any other provision of law to the 19 contrary, a local entity, including any entity under the 20 jurisdiction of the local entity, or a campus police department 21 shall be ineligible to receive any state funds if the local 22 entity or campus police department intentionally violates this 23 chapter. 24 2. State funds shall be denied to a local entity or campus 25 police department pursuant to subsection 1 by all state 26 agencies for each state fiscal year that begins after the date 27 on which a final judicial determination that the local entity 28 or campus police department has intentionally violated this 29 chapter is made in a civil action brought pursuant to section 30 825.9, subsection 6. State funds shall continue to be denied 31 until eligibility to receive state funds is reinstated under 32 section 825.11. However, any state funds for the provision of 33 wearable body protective gear used for law enforcement purposes 34 shall not be denied under this section. 35 -7- LSB 1765XC (8) 87 je/rj 7/ 14

S.F. _____ 3. The department of management shall adopt rules pursuant 1 to chapter 17A to implement this section and section 825.11 2 uniformly across state agencies from which state funds are 3 distributed to local entities and campus police departments. 4 Sec. 11. NEW SECTION . 825.11 Reinstatement of eligibility 5 to receive state funds. 6 1. Except as provided by subsection 5, no earlier 7 than twelve months after the date of a final judicial 8 determination that a local entity or campus police department 9 has intentionally violated the provisions of this chapter, 10 the local entity or campus police department may petition the 11 district court that heard the civil action brought pursuant to 12 section 825.9, subsection 6, to seek a declaratory judgment 13 that the local entity or campus police department is in full 14 compliance with this chapter. 15 2. A local entity or campus police department that petitions 16 the court as described by subsection 1 shall comply with 17 any document requests, including a request for supporting 18 documents, from the attorney general or county attorney 19 relating to the action. 20 3. If the court issues a declaratory judgment declaring 21 that the local entity or campus police department is in full 22 compliance with this chapter, the local entity’s or campus 23 police department’s eligibility to receive state funds is 24 reinstated beginning on the first day of the month following 25 the date on which the declaratory judgment is issued. 26 4. A local entity or campus police department shall not 27 petition the court as described in subsection 1 more than twice 28 in one twelve-month period. 29 5. A local entity or campus police department may petition 30 the court as described in subsection 1 before the date provided 31 in subsection 1 if the person who was the director or other 32 chief officer of the local entity or campus police department 33 at the time of the violation of this chapter is subsequently 34 removed from or otherwise leaves office. 35 -8- LSB 1765XC (8) 87 je/rj 8/ 14

S.F. _____ 6. A party shall not be entitled to recover any attorney 1 fees in a civil action described by subsection 1. 2 Sec. 12. NEW SECTION . 825.12 Attorney general database. 3 The attorney general shall develop and maintain a searchable 4 database listing each local entity and campus police department 5 for which a final judicial determination described in section 6 825.10, subsection 2, has been made. The attorney general 7 shall post the database on the attorney general’s internet 8 site. 9 Sec. 13. NEW SECTION . 825.13 Applicability. 10 1. This chapter does not apply to a school district or 11 nonpublic school. This chapter does not apply to the release 12 of information contained in education records of an educational 13 agency or institution, except in conformity with the federal 14 Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 15 §1232g. 16 2. This chapter does not apply to a hospital if the hospital 17 is providing access to or delivering medical or health care 18 services as required under 42 U.S.C. §1395dd or 42 U.S.C. 19 §1396b(v). However, this chapter shall apply to any law 20 enforcement officer employed by a hospital. 21 Sec. 14. 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. 15. IMPLEMENTATION OF ACT. Section 25B.2, subsection 25 3, shall not apply to this Act. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill relates to the enforcement of immigration laws. 30 The bill defines immigration law as a law of this state or 31 a federal law relating to aliens, immigrants, or immigration, 32 including but not limited to the federal Immigration and 33 Nationality Act. 34 The bill provides that if a county or city or officer or 35 -9- LSB 1765XC (8) 87 je/rj 9/ 14

S.F. _____ employee of a county or city or a division, department, or 1 other body that is part of a county or city releases from 2 custody a person who is the subject of an immigration detainer 3 request issued by United States immigration and customs 4 enforcement and received by the county or city, the county 5 or city shall be liable under Code chapter 670 for damages 6 resulting from any felony committed by the person in this 7 state within 10 years following the person’s release. The 8 bill provides that a county or city is only liable if certain 9 conditions specified in the bill are met. The bill provides 10 that a county or city shall not be liable for damages sustained 11 by a person who is the subject of an immigration detainer 12 request following the person’s release from custody by a county 13 or city. 14 The bill defines “immigration detainer request" as a 15 federal government request to a local entity or campus 16 police department to maintain temporary custody of an alien. 17 “Immigration detainer request” includes verbal and written 18 requests, including a United States department of homeland 19 security form I-247 or a similar or successor form. 20 The bill prohibits a state or local law enforcement officer 21 from stopping a motor vehicle or conducting a search of a 22 business or residence solely to enforce a federal immigration 23 law except under certain specified circumstances. 24 The bill permits a state or local law enforcement officer 25 to arrest a person on the grounds that the person is an alien 26 not lawfully present in the United States only if the officer 27 is acting in accordance with the bill and under authority 28 specifically granted under applicable federal immigration law. 29 The bill requires a law enforcement agency in this state 30 that has custody of a person subject to an immigration detainer 31 request issued by United States immigration and customs 32 enforcement to fully comply with any instruction made in the 33 detainer request and in any other legal document provided by a 34 federal agency. The bill requires a law enforcement agency in 35 -10- LSB 1765XC (8) 87 je/rj 10/ 14

S.F. _____ this state to presume an immigration detainer request, whether 1 written or verbal, is based on probable cause and is otherwise 2 valid. 3 The bill requires the court in a criminal proceeding in this 4 state in which the sentence requires a defendant subject to an 5 immigration detainer request to be confined in a correctional 6 facility, to issue an order at the time of sentencing, or at 7 a later date, requiring the correctional facility in which 8 the defendant is to be confined to require the defendant to 9 be transferred to serve in federal custody the final portion 10 of the defendant’s sentence, not to exceed a period of seven 11 days, if a facility or officer determines that the change 12 in the place of confinement will facilitate the seamless 13 transfer of the defendant into federal custody. A defendant 14 shall be transferred pursuant to the bill only if appropriate 15 officers of the federal government consent to the transfer 16 of a defendant into federal custody under the circumstances 17 described in the bill. 18 The bill prohibits a local entity or campus police 19 department from adopting or enforcing a policy or take any 20 other action under which the entity or department prohibits or 21 discourages the enforcement of immigration laws. 22 The bill prohibits a local entity or campus police 23 department from prohibiting or discouraging a person who 24 is a law enforcement officer, corrections officer, county 25 attorney, city attorney, or other official who is employed by 26 or otherwise under the direction or control of the entity or 27 department from carrying out various activities specified in 28 the bill relating to enforcement of immigration laws. 29 The bill defines “local entity” as the governing body 30 of a city, county, institution governed by the state board 31 of regents, community college, or any other postsecondary 32 educational institution in this state that receives state 33 funds. 34 The bill defines “campus police department” as a law 35 -11- LSB 1765XC (8) 87 je/rj 11/ 14

S.F. _____ enforcement agency of an institution governed by the board 1 of regents, a community college, or any other postsecondary 2 educational institution in this state that receives state 3 funds. 4 The bill requires each state or local law enforcement agency 5 subject to the bill to formalize in writing any unwritten, 6 informal policies relating to the enforcement of immigration 7 laws and to update the agency’s policies to be consistent with 8 the bill and to require full compliance with the bill. These 9 actions must be carried out no later than January 1, 2018. 10 The bill prohibits a local entity, campus police department, 11 or a person employed by or otherwise under the direction or 12 control of an entity or department from considering race, skin 13 color, language spoken, or national origin while enforcing 14 immigration laws except to the extent permitted by the United 15 States Constitution or Iowa Constitution. 16 The bill permits any person, including a federal agency, to 17 file a complaint with the attorney general or a county attorney 18 alleging that a local entity or campus police department has 19 violated or is violating the requirements of the bill if the 20 person offers evidence to support such an allegation. The 21 bill provides that a complaint shall not be valid unless the 22 attorney general or county attorney determines that a violation 23 of the requirements of the bill by a local entity or campus 24 police department was intentional. 25 If the attorney general or county attorney determines that 26 a complaint is valid, the bill requires the attorney general 27 or county attorney to provide notification to the entity or 28 department within 10 days of the determination. The bill 29 requires the entity or department to provide a response to 30 the attorney general or county attorney within 30 days of 31 receiving the notification. The bill specifies the content of 32 the notification and response. 33 The bill requires the attorney general or county attorney 34 to file a civil action in district court to enjoin any ongoing 35 -12- LSB 1765XC (8) 87 je/rj 12/ 14

S.F. _____ violation of the requirements of the bill by a local entity or 1 campus police department no later than 40 days after the date 2 on which the notification is received. 3 The bill provides that, notwithstanding any other provision 4 of law to the contrary, a local entity, including any entity 5 under the jurisdiction of the local entity, or a campus police 6 department shall not be eligible to receive any state funds if 7 the local entity or department intentionally violates the bill. 8 State funds shall continue to be denied until eligibility to 9 receive state funds is reinstated as provided in the bill. 10 The bill provides that any state funds for the provision 11 of wearable body protective gear used for law enforcement 12 purposes shall not be denied in this way. The bill requires 13 the department of management to adopt rules to implement the 14 denial of and reinstatement of eligibility to receive state 15 funds uniformly across state agencies. 16 The bill permits a local entity or campus police department 17 to petition the district court that heard the civil action 18 brought pursuant to the bill to seek a declaratory judgment 19 that the entity or department is in full compliance with the 20 bill in order to restore the eligibility to receive state 21 funds. 22 The bill requires the attorney general to develop, post, 23 and maintain a searchable database listing each local entity 24 and campus police department for which a final judicial 25 determination that the entity or department has intentionally 26 violated the requirements of the bill has been made. 27 The bill does not apply to a school district or nonpublic 28 school. The bill does not apply to the release of information 29 contained in education records of an educational agency or 30 institution, except in conformity with the federal Family 31 Educational Rights and Privacy Act of 1974. The bill does not 32 apply to a hospital if the hospital is providing access to or 33 delivering medical or health care services as required under 34 federal laws specified in the bill. However, the bill does 35 -13- LSB 1765XC (8) 87 je/rj 13/ 14

S.F. _____ apply to any law enforcement officer employed by a hospital. 1 The bill applies to the release of a person from custody in 2 this state on or after the effective date of the bill. 3 The bill may include a state mandate as defined in Code 4 section 25B.3. The bill makes inapplicable Code section 25B.2, 5 subsection 3, which would relieve a political subdivision from 6 complying with a state mandate if funding for the cost of 7 the state mandate is not provided or specified. Therefore, 8 political subdivisions are required to comply with any state 9 mandate included in the bill. 10 -14- LSB 1765XC (8) 87 je/rj 14/ 14