2017 -- H 5093

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LC000128

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT

     

     Introduced By: Representatives Corvese, Phillips, Ucci, and Coughlin

     Date Introduced: January 12, 2017

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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

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

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CHAPTER 159

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PUBLIC SAFETY AND PROTECTION ACT

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     42-159-1. Title.

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     This chapter shall be known and may be cited as the "Public Safety and Protection Act."

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     42-159-2. Definitions.

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     The following words and phrases when used in this chapter shall have the meaning given

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

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

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

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

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other federal agency charged with the enforcement of immigration law.

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

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

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

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

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

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

 

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

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

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

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"Immigration Detainer – Notice of Action."

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

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

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

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

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

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

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state.

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

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

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

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board established under the laws of the state.

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

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representative, agent, or employee of the state.

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     42-159-3. Cooperation with federal immigration authorities.

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     (a) No state or local government entity or official may prohibit, or in any way restrict,

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any state or local government entity or official from sending to, or receiving from, the United

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States Department of Homeland Security, or its successor agency, information regarding the

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citizenship or immigration status, lawful or unlawful, of any individual.

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

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

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individual:

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

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

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     (2) Maintaining such information;

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

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

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

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

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

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

 

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     (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

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

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

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

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

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

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

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

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

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entity.

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

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

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

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

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

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

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

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     42-159-4. Duty to report.

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     Every person holding public office or having official duties as a representative, agent, or

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employee of the state or a local government entity shall have a duty to report a violation of §42-

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159-3. Any such person who willfully fails to report any violation of this chapter when the person

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knows that this chapter is being violated shall be guilty of a misdemeanor, which shall be

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punishable by imprisonment for a term not to exceed one year or a fine of not more than one

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thousand dollars ($1,000), or both.

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     42-159-5. Resident private right of actions; Penalties.

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     (a) Any resident of the state who is a United States citizen or legal permanent resident

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may bring an action in the superior court to assert a violation of §42-159-3. For any action under

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this section, the court shall expedite the action, including assigning the hearing at the earliest

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practicable date.

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

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violated §42-159-3, the court shall enjoin such policy or practice and order that such entity or

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

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

 

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

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remit the same to the general fund.

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     (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

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section.

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     42-159-6. Resident complaint; Penalties.

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     (a) The state attorney general shall prescribe a complaint form for a person to allege a

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violation of §42-159-3. This subsection shall not be construed to prohibit the filing of anonymous

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complaints that are not submitted on a prescribed complaint form.

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     (b) On receipt of a complaint of a violation of §42-159-3, the attorney general shall

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investigate whether a violation of §42-159-3 has occurred. The state police may assist in

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investigating the complaint.

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

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

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

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

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ceased.

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     42-159-7. Implementation.

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     This chapter shall be implemented in a manner consistent with federal laws regulating

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immigration, protecting the civil rights of all persons, and respecting the privileges and

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immunities of United States citizens.

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     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

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

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

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

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

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enforcement of immigration laws.

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     This act would take effect upon passage.

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