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2008 -- H 7967 | |
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LC01579 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2008 | |
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A N A C T | |
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RELATING TO CRIMINAL PROCEDURE | |
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Introduced By: Representatives Segal, Ajello, Almeida, Slater, and Williams | |
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Date Introduced: February 26, 2008 | |
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Referred To: House 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 hereby |
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amended by adding thereto the following chapter: |
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CHAPTER 28.1 |
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NON-ENFORCEMENT OF FEDERAL IMMIGRATION LAW |
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12-28.1-1. Declaration of policy. – The general assembly finds that effective policing |
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demands the establishment of trust between police officers and the community they serve, trust |
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that inspires confidence in victims to come forward and report crimes and that allows |
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investigations to proceed efficiently. Because state or local enforcement of federal immigration |
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laws can only undermine that trust, raise concerns about racial profiling, impede investigations |
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and deter undocumented residents from reporting crime in their communities, the purpose of this |
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chapter is to promote the public safety and prevent discrimination the basis of race, color, |
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ethnicity or immigration status by recognizing that local law enforcement should properly play a |
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limited role in matters relating to a person’s immigration status. |
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12-28.1-2. Prohibition by state or local enforcement officer as to immigration status. |
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– (a) No state or local law enforcement officer or agency shall inquire of an individual, or |
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seek documentation from him or her, about his or her immigration status, unless otherwise |
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required by federal law or court order or necessary to verify the immigration status of a person |
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who is arrested for a felony and the officer or agency has reasonable grounds to believe that the |
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person’s status is in violation of immigration laws; provided, however, an arrestee’s race, color, |
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ethnicity, national origin, or lack of English language proficiency shall not constitute reasonable |
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grounds. |
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(b) No law enforcement officer shall use an arrest or criminal charge as a pretext for |
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verifying the immigration status of a person. |
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12-28.1-3. Nonuse of agency funds. – (a) No law enforcement agency of the state or of |
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any political subdivision, shall use agency funds, equipment or personnel for the purpose of |
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detecting or apprehending persons whose only violation or alleged violation of law is that they |
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are persons of foreign citizenship who are in violation of federal immigration laws. |
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(b) No law enforcement agency of the state or of any political subdivision shall enter into |
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an agreement with the federal government to assist in the enforcement of federal immigration |
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laws pursuant to 8 U.S.C. section 1357(g) or any similar federal program. |
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12-28.1-4. Cooperation with federal authorities. – Nothing in this chapter shall be |
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construed to prohibit any state or local law enforcement officer or employee from cooperating |
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with federal immigration authorities as required by federal law. |
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12-28.1-5. Training. – Each state local law enforcement agency shall train its officers on |
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complying with the provisions of this chapter. |
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12-28.1-6. Enforcement. – (a) Any individual who alleges a violation of section 12-28.1- |
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2 may file a civil action for damages and any appropriate and equitable relief in superior court. |
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The court may allow a prevailing plaintiff reasonable attorneys’ fees as part of the costs. |
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(b) An organization chartered for the purpose of combating discrimination, racism, or of |
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safeguarding civil liberties, or of promoting full, free, or equal employment opportunities, may |
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seek appropriate relief in a civil action against any police department for violating section 12- |
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28.1-3, and may be awarded its costs, including attorneys’ fees, for bringing such an action. |
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SECTION 2. This act shall take effect upon passage. |
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LC01579 | |
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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 | |
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This act would prohibit state and local law enforcement authorities from inquiring as to |
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the immigration status of any person, whether witness or arrestee, unless the arrestee was arrested |
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for a felony, and the arresting officer or agency has reasonable grounds to believe that the |
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person’s status is a violation of immigration law. The act would also prohibit local law |
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enforcement from entering into any agreement to enforce federal immigration law, and would |
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provide for civil penalties, including costs and attorneys’ fees, for any violations of the provisions |
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of this chapter. |
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This act would take effect upon passage. |
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LC01579 | |
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