2016 -- H 7860

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LC003609

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT

     Introduced By: Representatives Corvese, Malik, Ucci, Winfield, and O'Brien

     Date Introduced: March 04, 2016

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

GOVERNMENT" is hereby amended by adding thereto the following chapter:

CHAPTER 158

PUBLIC SAFETY AND PROTECTION ACT

     42-158-1. Title. -- This chapter shall be known and may be cited as the "Public Safety

and Protection Act."

     42-158-2. Definitions. – The following words and phrases when used in this chapter shall

have the meaning given to them in this section unless the context clearly indicates otherwise:

     (1) "Federal immigration agency" means the United States Department of Homeland

Security, or its successor agency, and any of its sub agencies, including the United States

Immigration and Customs Enforcement, the United States Customs and Border Protection, or any

other federal agency charged with the enforcement of immigration law.

     (2) "Federal immigration official" means an official of the United States Department of

Homeland Security, or its successor agency, and any of its sub agencies, including the United

States Immigration and Customs Enforcement, the United States Customs and Border Protection,

or any other federal agency charged with the enforcement of immigration law.

     (3) "Immigration detainer" means a written request issued on behalf of the United States

Department of Homeland Security to another federal, state, or local law enforcement agency to

provide notice of release and to detain an individual based on an inquiry into immigration status

or an alleged violation of a civil immigration law, including detainers issued pursuant to 8 C.F.R.

287.7 and 8 C.F.R. 236.1, and on the Department of Homeland Security Form I-247

"Immigration Detainer – Notice of Action."

     (4) "Inmate" means anyone in the custody of a law enforcement agency.

     (5) "Law enforcement agency" means an agency in the state of Rhode Island charged

with enforcement of state, county, municipal, or federal laws, or with managing custody of

detained persons in the state, and includes municipal police departments, sheriff's departments,

state police, campus police, and the Rhode Island department of corrections.

     (6) "Local government entity" means any county, city, town or other political subdivision

of this state.

     (7) "Local government official" means any person holding public office or having official

duties as a representative, agent, or employee of a local government entity.

     (8) "State entity" means any agency, commission, council, bureau, authority, office, or

board established under the laws of the state.

     (9) "State official" means any person holding public office or having official duties as a

representative, agent, or employee of the state.

     42-158-3. Cooperation with federal immigration authorities. – (a) No state or local

government entity or official may prohibit, or in any way restrict, any state or local government

entity or official from sending to, or receiving from, the United States Department of Homeland

Security, or its successor agency, information regarding the citizenship or immigration status,

lawful or unlawful, of any individual.

     (b) No state or local government entity or official may restrict taking any of the following

actions with respect to information regarding immigration status, lawful or unlawful, of any

individual:

     (1) Sending such information to, or requesting or receiving such information from, the

United States Department of Homeland Security, or its successor agency;

     (2) Maintaining such information;

     (3) Exchanging such information with any other federal, state, or local government entity;

     (4) Determining eligibility for any public benefit, service, or license provided by federal

law or a law of this state or its political subdivisions;

     (5) Verifying a claim of residence or domicile if a determination of residence or domicile

is required under federal law or a law of this state or its political subdivisions or under a judicial

order issued pursuant to a civil or criminal proceeding in this state; or

     (6) Confirming the identity of a person who is detained by law enforcement officials.

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     (c) All state and local government entities and officials shall fully comply with and, to the

full extent permitted by law, support the enforcement of federal immigration law.

     (d) No state or local government entity or official may limit or restrict the enforcement of

federal immigration law, including, but not limited to, limit or restrict a state or local entity or

official from complying with an immigration detainer, limit or restrict a state or local entity or

official from providing a federal immigration official access to an inmate for interview, limit or

restrict a state or local entity or official from initiating an immigration status investigation, or

limit or restrict a state or local entity or official from providing a federal immigration official with

the incarceration status or release date of an inmate in custody of a state or local governmental

entity.

     (e) Notwithstanding any other law, a law enforcement agency may securely transport an

alien who the agency has received verification from the United States Department of Homeland

Security is unlawfully present in the United States and who is in the agency's custody to a federal

facility in Rhode Island or to any other point of transfer into federal custody that is outside the

jurisdiction of the law enforcement agency. A law enforcement agency shall obtain judicial

authorization before securely transporting an alien who is unlawfully present in the United States

to a point of transfer that is outside of Rhode Island.

     42-158-4. Duty to report. – Every person holding public office of having official duties

as a representative, agent, or employee of the state or a local government entity shall have a duty

to report a violation of §42-158-3. Any such person who willfully fails to report any violation of

this chapter when the person knows that this chapter is being violated shall be guilty of a

misdemeanor, which shall be punishable by imprisonment for a term not to exceed one year or a

fine of not more than one thousand dollars ($1,000), or both.

     42-158-5. Resident private right of actions; Penalties. – (a) Any resident of the state

who is a United States citizen or legal permanent resident may bring an action in the superior

court to assert a violation of §42-158-3. For any action under this section, the court shall expedite

the action, including assigning the hearing at the earliest practicable date.

     (b) If there is a judicial finding that a state or local government entity or official has

violated §42-158-3, the court shall enjoin such policy or practice and order that such entity or

official pay a civil penalty of not less than one thousand dollars ($1,000) and not more than five

thousand dollars ($5,000) for each day that the policy or practice remains in effect.

     (c) The court shall collect the civil penalty prescribed in subsection (b) of this section and

remit the same to the general fund.

     (d) The court may award court costs and reasonable attorney fees to any person that

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substantially prevails by adjudication on the merits in a proceeding brought pursuant to this

section.

     42-158-6. Resident complaint; Penalties. -- (a) The state attorney general shall

prescribe a complaint form for a person to allege a violation of §42-158-3. This subsection shall

not be construed to prohibit the filing of anonymous complaints that are not submitted on a

prescribed complaint form.

     (b) On receipt of a complaint of a violation of §42-158-3, the attorney general shall

investigate whether a violation of §42-158-3 has occurred. The state police may assist in

investigating the complaint.

     (c) If, after an investigation, the attorney general determines that the complaint is not

false or frivolous, the attorney general shall report the violation to the governor and state treasurer

and that state or local government entity shall not be eligible to receive any funds, grants, or

appropriations from the state until the attorney general has certified that such violation has

ceased.

     42-158-7. Implementation. – This chapter shall be implemented in a manner consistent

with federal laws regulating immigration, protecting the civil rights of all persons, and respecting

the privileges and immunities of United States citizens.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT

***

     This act would promote cooperation and assistance in the enforcement of immigration

laws concerning potential immigration law violations, would create a governmental duty to

investigate and report potential immigration violations, a private cause of action, and complaint

procedures. Finally, it would establish civil and criminal penalties for failure to further the active

enforcement of immigration laws.

     This act would take effect upon passage.

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