AB 2792

  • California Assembly Bill
  • 2015-2016 Regular Session
  • Introduced in Assembly Feb 19, 2016
  • Passed Assembly May 23, 2016
  • Passed Senate Aug 25, 2016
  • Signed by Governor Sep 28, 2016

Local law enforcement agencies: federal immigration policy enforcement: ICE access.

Abstract

Existing federal law authorizes issuance of an immigration detainer that serves to advise another law enforcement agency that the federal department seeks custody of an alien presently in the custody of that agency, for the purpose of arresting and removing the alien. Existing federal law provides that the detainer is a request that the agency advise the department, prior to release of the alien, in order for the department to arrange to assume custody in situations when gaining immediate physical custody is either impracticable or impossible. Existing law, commonly known as the TRUST Act, prohibits a law enforcement official, as defined, from detaining an individual on the basis of a United States Immigration and Customs Enforcement hold after that individual becomes eligible for release from custody, unless, at the time that the individual becomes eligible for release from custody, certain conditions are met, including, among other things, that the individual has been convicted of specified crimes. Existing law defines specified terms for purposes of these provisions. This bill, the Transparent Review of Unjust Transfers and Holds (TRUTH) Act, would require a local law enforcement agency, prior to an interview between the United States Immigration and Customs Enforcement (ICE) and an individual in custody regarding civil immigration violations, to provide the individual a written consent form, as specified, that would explain, among other things, the purpose of the interview, that it is voluntary, and that the individual may decline to be interviewed. The bill would require the consent form to be available in specified languages. The bill would require a local law enforcement agency to provide copies of specified documentation received from ICE to the individual and to notify the individual regarding the intent of the agency to comply with ICE requests. The bill would require that the records related to ICE access be public records for purposes of the California Public Records Act. The bill, commencing January 1, 2018, would require the local governing body of any county, city, or city and county in which a local law enforcement agency has provided ICE access to an individual during the last year, to hold at least one public community forum during the following year, as specified, to provide information to the public about ICE's access to individuals and to receive and consider public comment. By requiring these local agencies to comply with these requirements, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect.

Bill Sponsors (4)

Votes


Actions


Sep 28, 2016

California State Legislature

Chaptered by Secretary of State - Chapter 768, Statutes of 2016.

California State Legislature

Approved by the Governor.

Sep 09, 2016

California State Legislature

Enrolled and presented to the Governor at 2:30 p.m.

Aug 30, 2016

Assembly

In Assembly. Concurrence in Senate amendments pending.

Assembly

Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 46. Noes 29. Page 6491.).

Assembly

Assembly Rule 63 suspended. (Page 6474.)

Aug 25, 2016

Senate

Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 10. Page 5418.).

Aug 22, 2016

Senate

Read second time. Ordered to third reading.

Aug 19, 2016

Senate

Read third time and amended. Ordered to second reading.

Aug 15, 2016

Senate

Read second time and amended. Ordered to third reading.

Aug 11, 2016

Senate

From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 11).

Aug 08, 2016

Senate

Referred to APPR. suspense file.

  • Referral-Committee
APPR APPR. suspense file.

Aug 03, 2016

Senate

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  • Referral-Committee
  • Reading-2
  • Amendment-Introduction
  • Amendment-Passage
  • Reading-1
Com. on APPR.

Aug 01, 2016

Senate

In committee: Set, first hearing. Hearing canceled at the request of author.

Jun 29, 2016

Senate

From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 28). Re-referred to Com. on APPR.

  • Referral-Committee
  • Committee-Passage-Favorable
  • Committee-Passage
Com. on APPR.

Jun 22, 2016

Senate

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  • Referral-Committee
  • Reading-2
  • Amendment-Introduction
  • Amendment-Passage
  • Reading-1
Com. on PUB. S.

Jun 09, 2016

Senate

Referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

May 23, 2016

Senate

In Senate. Read first time. To Com. on RLS. for assignment.

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 44. Noes 29. Page 4890.)

Apr 28, 2016

Assembly

Read second time. Ordered to third reading.

Apr 27, 2016

Assembly

From committee: Do pass. (Ayes 13. Noes 5.) (April 27).

Apr 13, 2016

Assembly

From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 12). Re-referred to Com. on APPR.

  • Referral-Committee
  • Committee-Passage-Favorable
  • Committee-Passage
Com. on APPR.

Apr 11, 2016

Assembly

Re-referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Apr 07, 2016

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

Mar 28, 2016

Assembly

Re-referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Mar 17, 2016

Assembly

Referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

Feb 22, 2016

Assembly

Read first time.

Feb 21, 2016

Assembly

From printer. May be heard in committee March 22.

Feb 19, 2016

Assembly

Introduced. To print.

Bill Text

Bill Text Versions Format
AB2792 HTML
02/19/16 - Introduced PDF
03/17/16 - Amended Assembly PDF
04/07/16 - Amended Assembly PDF
06/22/16 - Amended Senate PDF
08/03/16 - Amended Senate PDF
08/15/16 - Amended Senate PDF
08/19/16 - Amended Senate PDF
08/31/16 - Enrolled PDF
09/28/16 - Chaptered PDF

Related Documents

Document Format
No related documents.

Sources

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