2015 -- S 0387

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LC001689

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO CRIMINAL PROCEDURE - IMMIGRANT ASSISTANCE IN CRIME

FIGHTING

     Introduced By: Senators Pichardo, Jabour, and Metts

     Date Introduced: February 25, 2015

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 12 of the General Laws entitled "CRIMINAL PROCEDURE" is

hereby amended by adding thereto the following chapter:

CHAPTER 32

IMMIGRANT ASSISTANCE IN CRIME FIGHTING ACT

     12-32-1. Short title. – This act shall be known and may be cited as the "Immigrant

Assistance in Crime Fighting Act."

     12-32-2. Legislative findings. – (a) The general assembly hereby finds that the

cooperation of all members of the community, regardless of immigration status, is essential to law

enforcement; and

     (b) Currently, both documented and undocumented immigrants are less likely to report

violations of state and local law because of the fear that complainants and witnesses may be

harassed by federal immigration authorities.

     12-32-3. Purpose. – This chapter is intended to promote the safety and health of all

residents by making it more likely that immigrants will report violations of state and local law.

     12-32-4. Definitions. – (a) "Immigration status" means questions relating to an

individual's status in regard to United States citizenship, citizenship of any other country, legal

right to reside or otherwise be present in the United States, and the time and manner of a person's

entry into the United States.

     (b) "Local government" means the government of cities, municipalities, counties and all

other subdivisions of government throughout the state.

     12-32-5. Protection of immigrant complainants and witnesses. – (a) No law

enforcement or other agent of state or local government shall inquire into the immigration status

of any person who complains of, or is a witness to, a violation of state or local law.

     (b) No law enforcement or other agent of state or local government shall ask a

complainant or witness for their social security number or other information that might disclose a

complainant's or witness's immigration status.

     (c) During the course of any court proceedings, the state or local government shall

oppose efforts of any party to discover a complainant's or witness's immigration status, and shall

seek a protective order or other similar relief.

     (d) If an agent of state or local government must know a complainant's immigration

status for a legitimate law enforcement reason, the agent shall keep that status confidential and

not disclose that information to third parties, including to other government agents, unless

required by federal law.

     (e) Law enforcement officers may inquire into the immigration status of a person when

an officer has reasonable grounds to believe that the person:

     (1) Has been convicted of a felony criminal law violation:

     (2) The person was deported or left the United States after the conviction; and

     (3) The person is again present in the United States.

     (f) Nothing in this section shall be construed to prevent government agents from knowing

a person's immigration status, or viewing a document that might provide evidence of a person's

immigration status, as long as the person volunteered the information or document to the

government agent.

     12-32-6. Training of law enforcement and other government agents. – (a) The state

and each local government shall train its law enforcement and other government agents to

understand and comply with the provisions of this section.

     (b) The state and local government shall work closely with organizations that serve

immigrant communities in the design of this training.

     (c) The state and local government shall make reasonable efforts to work with

community-based organizations in order to educate the immigrant community about this policy.

     12-32-7. Preempted and superseding law. – (a) The provisions of this chapter shall not

apply to a circumstance where an inquiry into immigration status is required under federal law.

     (b) The provisions of this chapter shall supersede all conflicting state and local statutes,

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ordinances, rules, policies and practices.

     SECTION 2. This act shall take effect on July 1, 2015.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE - IMMIGRANT ASSISTANCE IN CRIME

FIGHTING

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     This act would prohibit law enforcement or other state or local agency from inquiring

into a complainant's or witness's immigration status if such person is the complaining party or

witness to a violation of state or local law.

     This act would take effect on July 1, 2015.

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