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2012 -- S 2294 | |
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LC01045 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2012 | |
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A N A C T | |
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RELATING TO CRIMINAL PROCEDURE - IMMIGRANT ASSISTANCE IN CRIME | |
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FIGHTING | |
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Introduced By: Senators Pichardo, Metts, Jabour, Crowley, and Nesselbush | |
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Date Introduced: February 01, 2012 | |
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Referred To: Senate Judiciary | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Title 12 of the General Laws entitled "CRIMINAL PROCEDURE" is |
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hereby amended by adding thereto the following chapter: |
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CHAPTER 32 |
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IMMIGRANT ASSISTANCE IN CRIME FIGHTING ACT |
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12-32-1. Short title. – This act shall be known and may be cited as the “Immigrant |
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Assistance in Crime Fighting Act” |
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12-32-2. Legislative findings. – (a) The general assembly hereby finds that the |
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cooperation of all members of the community, regardless of immigration status, is essential to law |
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enforcement; and |
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(b) Currently, both documented and undocumented immigrants are less likely to report |
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violations of state and local law because of the fear that complainants and witnesses may be |
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harassed by federal immigration authorities. |
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12-32-3. Purpose. – This chapter is intended to promote the safety and health of all |
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residents by making it more likely that immigrants will report violations of state and local law. |
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12-32-4. Definitions. – (a) “Immigration status” means questions relating to an |
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individual’s status in regard to United States citizenship, citizenship of any other country, legal |
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right to reside or otherwise be present in the United States, and the time and manner of a person’s |
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entry into the United States. |
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(b) “Local government” means the government of cities, municipalities, counties and all |
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other subdivisions of government throughout the state. |
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12-32-5. Protection of immigrant complainants and witnesses. – (a) No law |
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enforcement or other agent of state or local government shall inquire into the immigration status |
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of any person who complains of, or is a witness to, a violation of state or local law. |
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(b) No law enforcement or other agent of state or local government shall ask a |
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complainant or witness for their social security number or other information that might disclose a |
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complainant or witnesses’ immigration status. |
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(c) During the course of any court proceedings, the state or local government shall |
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oppose efforts of any party to discover a complainant’s or witness’s immigration status, and shall |
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seek a protective order or other similar relief. |
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(d) If an agent of state or local government must know a complainant’s immigration |
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status for a legitimate law enforcement reason, the agent shall keep that status confidential and |
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not disclose that information to third parties, including to other government agents, unless |
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required by federal law. |
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(e) Law enforcement officers may inquire into the immigration status of a person when |
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an officer has reasonable grounds to believe that the person: |
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(1) Has been convicted of a felony criminal law violation: |
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(2) The person was deported or left the United States after the conviction; and |
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(3) The person is again present in the United States. |
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(f) Nothing in this section shall be construed to prevent government agents from knowing |
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a person’s immigration status, or viewing a document that might provide evidence of a person’s |
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immigration status, as long as the person volunteered the information or document to the |
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government agent. |
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12-32-6. Training of law enforcement and other government agents. – (a) The state |
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and each local government shall train its law enforcement and other government agents to |
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understand and comply with the provisions of this section. |
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(b) The state and local government shall work closely with organizations that serve |
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immigrant communities in the design of this training. |
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(c) The state and local government shall make reasonable efforts to work with |
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community-based organizations in order to educate the immigrant community about this policy. |
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12-32-7. Preempted and superseding law. – (a) The provisions of this chapter shall not |
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apply to a circumstance where an inquiry into immigration status is required under federal law. |
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(b) The provisions of this chapter shall supersede all conflicting state and local statutes, |
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ordinances, rules, policies and practices. |
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SECTION 2. This act shall take effect on July 1, 2012. |
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LC01045 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO CRIMINAL PROCEDURE - IMMIGRANT ASSISTANCE IN CRIME | |
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FIGHTING | |
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This act would establish the “Immigrant Assistance in Crime Fighting Act” to promote |
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the safety and health of all residents by making it more likely that immigrants would report |
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violations of state and local law and by prohibiting law enforcement or other government agents |
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from inquiring as to a complainant’s or witness’s legal status in this country. |
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This act would take effect on July 1, 2012. |
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