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Sen. John J. Cullerton
Filed: 4/20/2018
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1 | | AMENDMENT TO SENATE BILL 34
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2 | | AMENDMENT NO. ______. Amend Senate Bill 34 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 1. Short title. This Act may be cited as the |
5 | | Voices of Immigrant Communities Empowering Survivors (VOICES) |
6 | | Act. |
7 | | Section 5. Definitions. In this Act: |
8 | | "Certification form" means a law enforcement certification |
9 | | form or statement required by federal immigration law |
10 | | certifying that a person is a victim of qualifying criminal |
11 | | activity including, but not limited to, the information |
12 | | required by Section 1184(p) of Title 8 of the United States |
13 | | Code, including current United States Citizenship and |
14 | | Immigration Services Form I-918, Supplement B, or any successor |
15 | | form for purposes of obtaining a U visa or by Section 1184(o) |
16 | | of Title 8 of the United States Code, including current United |
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1 | | States Citizenship and Immigration Services Form I-914, |
2 | | Supplement B, or any successor form for purposes of obtaining a |
3 | | T visa. |
4 | | "Certifying agency" means a State or local law enforcement |
5 | | agency, prosecutor, or other public authority that has |
6 | | responsibility for the investigation or prosecution of a |
7 | | qualifying crime or criminal activity, including an agency that |
8 | | has criminal investigative jurisdiction in its respective |
9 | | areas of expertise, including the Department of Labor, the |
10 | | Department of Children and Family Services, the Department of |
11 | | Human Services, and the Illinois Workers' Compensation |
12 | | Commission, but not including any State court. |
13 | | "Qualifying criminal activity" means any activity, |
14 | | regardless of the stage of detection, investigation, or |
15 | | prosecution, designated in Section 1101(a)(15)(U)(iii) of |
16 | | Title 8 of the United States Code, any implementing federal |
17 | | regulations, supplementary information, guidance, and |
18 | | instructions. |
19 | | "Victim of qualifying criminal activity" means a person |
20 | | described in Section 1101(a)(15)(U)(i)(I) of Title 8 of the |
21 | | United States Code, in the definition of "victim of a severe |
22 | | form of trafficking" in Section 7102(14) of Title 22 of the |
23 | | United States Code, or in any implementing federal regulations, |
24 | | supplementary information, guidance, and instructions. |
25 | | Section 10. Certifications for victims of qualifying |
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1 | | criminal activity. |
2 | | (a) The head of each certifying agency shall designate an |
3 | | official or officials in supervisory roles, either within the |
4 | | agency or, by agreement with another agency with concurrent |
5 | | jurisdiction over the geographic area or subject matter covered |
6 | | by that agency, within that other agency. Designated officials |
7 | | may not be members of a collective bargaining unit represented |
8 | | by a labor organization, unless the official is an attorney or |
9 | | is employed in an agency in which all supervisory officials are |
10 | | members of a collective bargaining unit. Certifying officials |
11 | | shall: |
12 | | (1) respond to requests for completion of |
13 | | certification forms received by the agency, as required by |
14 | | this Section; and |
15 | | (2) make information regarding the agency's procedures |
16 | | for certification requests publicly available for victims |
17 | | of qualifying criminal activity and their representatives. |
18 | | (b) Any person seeking completion of a certification form |
19 | | shall first submit a request for completion of the |
20 | | certification form to the certifying official for any |
21 | | certifying agency that detected, investigated, or prosecuted |
22 | | the criminal activity upon which the request is based. |
23 | | (c) A request for completion of a certification form under |
24 | | this Section may be submitted by a representative of the person |
25 | | seeking the certification form, including, but not limited to, |
26 | | an attorney, accredited representative, or domestic violence |
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1 | | or sexual assault services provider. |
2 | | (d) Upon receiving a request for completion of a |
3 | | certification form, a certifying official shall complete the |
4 | | certification form for any victim of qualifying criminal |
5 | | activity. If the certifying official cannot determine that the |
6 | | applicant is a victim of qualifying criminal activity, the |
7 | | certifying official may provide written notice to the person or |
8 | | the person's representative explaining why the available |
9 | | evidence does not support a finding that the person is a victim |
10 | | of qualifying criminal activity. The certifying official shall |
11 | | complete the certification form and provide it to the person |
12 | | within 90 business days of receiving the request, except: |
13 | | (1) if the person making the request for completion of |
14 | | the certification form is in federal immigration removal |
15 | | proceedings or detained, the certifying official shall |
16 | | complete and provide the certification form to the person |
17 | | no later than 21 business days after the request is |
18 | | received by the certifying agency; |
19 | | (2) if the children, parents, or siblings of the person |
20 | | making the request for completion of the certification form |
21 | | would become ineligible for benefits under Sections |
22 | | 1184(p) and 1184(o) of Title 8 of the United States Code by |
23 | | virtue of the person's children having reached the age of |
24 | | 21 years, the person having reached the age of 21 years, or |
25 | | the person's sibling having reached the age of 18 years |
26 | | within 90 business days from the date that the certifying |
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1 | | official receives the certification request, the |
2 | | certifying official shall complete and provide the |
3 | | certification form to the person no later than 21 business |
4 | | days after the request is received by the certifying |
5 | | agency; |
6 | | (3) if the person's children, parents, or siblings |
7 | | under paragraph (2) of this subsection (d) would become |
8 | | ineligible for benefits under Sections 1184(p) and 1184(o) |
9 | | of Title 8 of the United States Code in less than 21 |
10 | | business days of receipt of the certification request, the |
11 | | certifying official shall complete and provide a |
12 | | certification form to the person within 5 business days; or |
13 | | (4) a certifying official may extend the time period by |
14 | | which it must complete and provide the certification form |
15 | | to the person as required under this subsection (d) only |
16 | | upon written agreement with the person or person's |
17 | | representative. |
18 | | Requests for expedited completion of a certification form |
19 | | under paragraphs (1), (2), and (3) of this subsection (d) shall |
20 | | be affirmatively raised by the person or that person's |
21 | | representative in writing to the certifying agency and shall |
22 | | establish that the person is eligible for expedited review. |
23 | | (e) A certifying official who issued an initial |
24 | | certification form shall complete and reissue a certification |
25 | | form within 90 business days of receiving a request from a |
26 | | victim to reissue. If the victim seeking recertification has a |
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1 | | deadline to respond to a request for evidence from United |
2 | | States Citizenship and Immigration Services, the certifying |
3 | | official shall complete and issue the form no later than 21 |
4 | | business days after the request is received by the certifying |
5 | | official. Requests for expedited recertification shall be |
6 | | affirmatively raised by the victim or victim's representative |
7 | | in writing and shall establish that the victim is eligible for |
8 | | expedited review. A certifying official may extend the deadline |
9 | | by which he or she will complete and reissue the certification |
10 | | form only upon written agreement with the victim or victim's |
11 | | representative. |
12 | | (f) Notwithstanding any other provision of this Section, a |
13 | | certifying official's completion of a certification form shall |
14 | | not be considered sufficient evidence that an applicant for a U |
15 | | or T visa has met all eligibility requirements for that visa |
16 | | and completion of a certification form by a certifying official |
17 | | shall not be construed to guarantee that the victim will |
18 | | receive federal immigration relief. It is the exclusive |
19 | | responsibility of federal immigration officials to determine |
20 | | whether a person is eligible for a U or T visa. Completion of a |
21 | | certification form by a certifying official merely verifies |
22 | | factual information relevant to the federal immigration |
23 | | benefit sought, including information relevant for federal |
24 | | immigration officials to determine eligibility for a U or T |
25 | | visa. By completing a certification form, the certifying |
26 | | official attests that the information is true and correct to |
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1 | | the best of the certifying official's knowledge. If, after |
2 | | completion of a certification form, the certifying official |
3 | | later determines the person was not the victim of qualifying |
4 | | criminal activity or the victim unreasonably refuses to assist |
5 | | in the investigation or prosecution of the qualifying criminal |
6 | | activity of which he or she is a victim, the certifying |
7 | | official may notify United States Citizenship and Immigration |
8 | | Services in writing. |
9 | | (g) A certifying official or agency receiving requests for |
10 | | completion of certification forms shall not disclose the |
11 | | immigration status of a victim or person requesting the |
12 | | certification form, except to comply with federal law or State |
13 | | law, legal process, or if authorized, by the victim or person |
14 | | requesting the certification form. |
15 | | Section 15. Immunity. A certifying agency or certifying |
16 | | official acting or failing to act in good faith in compliance |
17 | | with this Act shall have immunity from civil or criminal |
18 | | liability that might otherwise occur as a result of so acting |
19 | | or failing to act, with the exception of willful or wanton |
20 | | misconduct. Any action brought to seek enforcement of this Act |
21 | | shall be ineligible to seek attorney's fees and costs, unless |
22 | | the action demonstrates willful or wanton misconduct by a |
23 | | certifying agency or certifying official.".
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