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2018 HB 5543: An Act Concerning The Trust Act.

Sponsors

  • Judiciary Committee

Actions

2018-03-15 lower
2018-03-22 lower

Bill Text

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 54-192h of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) For the purposes of this section:

(1) "Administrative warrant" means a warrant, notice to appear, removal order or warrant of deportation issued by an agent of a federal agency charged with the enforcement of immigration laws or the security of the borders, including ICE and the United States Customs and Border Protection, but does not include a warrant issued by a judicial officer.

(2) "Civil immigration detainer" means a detainer request issued pursuant to 8 CFR 287.7 request from federal immigration authorities to local or state law enforcement agencies for purposes including, but not limited to:

(C) Notifying a law enforcement officer, through DHS Form I-247D, Form I-247N, or any other form used by the United States Department of Homeland Security, of such authority's intent to take custody of a person;

(2) "Convicted of a felony" means that a person has been convicted of a felony, as defined in section 53a-25, pursuant to a final judgment of guilt entered by a court in this state or in a court of competent jurisdiction within the United States upon a plea of guilty, a plea of nolo contendere or a finding of guilty by a jury or the court notwithstanding any pending appeal or habeas corpus proceeding arising from such judgment;

(3) (4) "Federal immigration authority" means any officer, employee or other person otherwise paid by or acting as an agent of United States Immigration and Customs Enforcement ICE or any division thereof or any officer, employee or other person otherwise paid by or acting as an agent of the United States Department of Homeland Security who is charged with enforcement of the civil provisions of the Immigration and Nationality Act; and

(4) (8) "Law enforcement officer" means:

(A) Each officer, employee or other person otherwise paid by or acting as an agent of the Department of Correction;

(B) Each officer, employee or other person otherwise paid by or acting as an agent of a municipal police department;

(C) Each officer, employee or other person otherwise paid by or acting as an agent of the Division of State Police within the Department of Emergency Services and Public Protection; and

(D) Each judicial marshal, and state marshal, bail commissioner and adult probation officer; and

(9) "School police and security departments" includes police and security departments of the constituent units of the state system of higher education, as defined in section 10a-1, public schools and public school districts.

(b) No law enforcement officer who receives a civil immigration detainer with respect to an individual who is in the custody of the law enforcement officer shall detain such or employee of a school police or security department shall:

(1) Detain an individual pursuant to such a civil immigration detainer or an administrative warrant, unless the law enforcement official determines that the individual: detainer or warrant is accompanied by a judicial warrant;

(1) Has been convicted of a felony;

(2) Is subject to pending criminal charges in this state where bond has not been posted;

(3) Has an outstanding arrest warrant in this state;

(4) Is identified as a known gang member in the database of the National Crime Information Center or any similar database or is designated as a Security Risk Group member or a Security Risk Group Safety Threat member by the Department of Correction;

(5) Is identified as a possible match in the federal Terrorist Screening Database or similar database;

(6) Is subject to a final order of deportation or removal issued by a federal immigration authority; or

(7) Presents an unacceptable risk to public safety, as determined by the law enforcement officer

(6) Expend time, money, facilities, property, equipment, personnel, or other resources to investigate, enforce or assist in the investigation or enforcement of any federal program requiring registration of individuals on the basis of race, gender, age, sexual orientation, religion, country from which the individual has immigrated or national or ethnic origin.

(c) Upon determination by the law enforcement officer that such individual is to be detained or released, the law enforcement officer shall immediately notify United States Immigration and Customs Enforcement. If the individual is to be detained, the law enforcement officer shall inform United States Immigration and Customs Enforcement that the individual will be held for a maximum of forty-eight hours, excluding Saturdays, Sundays and federal holidays. If United States Immigration and Customs Enforcement fails to take custody of the individual within such forty-eight-hour period, the law enforcement officer shall release the individual. In no event shall an individual be detained for longer than such forty-eight-hour period solely on the basis of a civil immigration detainer.

To foster trust between residents and city and state officials, ensure public safety and promote a welcoming community for all.

Behind the Bill