HB4010 101ST GENERAL ASSEMBLY

LRB101 15927 RLC 65287 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4010

Introduced 1/8/2020, by Rep. Karina Villa

SYNOPSIS AS INTRODUCED:

5 ILCS 805/15

Amends the Illinois TRUST Act. Provides that a person shall not be subject to civil arrest in a courthouse while attending a court proceeding or having legal business in the courthouse. Provides that the amendatory Act does not narrow, or in any way lessen, any existing common law privilege and does not apply to arrests made under a valid judicial warrant. Provides that a judicial officer may prohibit activities that threaten access to State courthouses and court proceedings, and may prohibit interruption of judicial administration, including protecting the privilege from civil arrest at courthouses and court proceedings. Defines "judicial officer". Contains a severability clause. Effective immediately.

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois TRUST Act is amended by changing Section 15 as follows:

(5 ILCS 805/15)

Sec. 15. Prohibition on enforcing federal civil immigration laws.

(a) A law enforcement agency or law enforcement official shall not detain or continue to detain any individual solely on the basis of any immigration detainer or non-judicial immigration warrant or otherwise comply with an immigration detainer or non-judicial immigration warrant.

(b) A law enforcement agency or law enforcement official shall not stop, arrest, search, detain, or continue to detain a person solely based on an individual's citizenship or immigration status.

(c) This Section 15 does not apply if a law enforcement agency or law enforcement official is presented with a valid, enforceable federal warrant. Nothing in this Section 15 prohibits communication between federal agencies or officials and law enforcement agencies or officials.

(c-5)(1) A person shall not be subject to civil arrest in a courthouse while attending a court proceeding or having legal business in the courthouse.

(2) This subsection (c-5) does not narrow, or in any way lessen, any existing common law privilege.

(3) This subsection (c-5) does not apply to arrests made under a valid judicial warrant.

(4) A judicial officer may prohibit activities that threaten access to State courthouses and court proceedings, and may prohibit interruption of judicial administration, including protecting the privilege from civil arrest at courthouses and court proceedings.

(5) In this subsection (c-5), "judicial officer" means an actively serving:

(1) judge of the Illinois Supreme Court, including the Chief Justice;

(2) judge of the Illinois Appellate Court; and

(3) judge or associate judge of the Illinois Circuit Courts.

(d) A law enforcement agency or law enforcement official acting in good faith in compliance with this Section who releases a person subject to an immigration detainer or non-judicial immigration warrant shall have immunity from any civil or criminal liability that might otherwise occur as a result of making the release, with the exception of willful or wanton misconduct.

(Source: P.A. 100-463, eff. 8-28-17.)

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect upon becoming law.