SB0031sam003 100TH GENERAL ASSEMBLY

Sen. John J. Cullerton

Filed: 5/3/2017

10000SB0031sam003 LRB100 04996 SLF 25902 a

AMENDMENT TO SENATE BILL 31

AMENDMENT NO. ______. Amend Senate Bill 31 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Illinois Trust Act.

Section 5. Legislative intent. It is the intent of the General Assembly that this Act shall not be construed as providing, expanding, or ratifying the legal authority for any State or local law enforcement agency to detain an individual on an immigration detainer or administrative warrant, or perform any other civil immigration enforcement function. State law does not grant State or local law enforcement the authority to enforce federal civil immigration laws. Interactions between State and local law enforcement and federal immigration agents shall be consistent and uniform throughout the State.

Section 10. Definitions. In this Act:

"Administrative warrant" means an immigration warrant of arrest, order to detain or release aliens, notice of custody determination, notice to appear, removal order, warrant of removal, or any other document issued by an immigration agent or immigration judge that can form the basis for an individual's arrest or detention for a civil immigration enforcement purpose including administrative warrants entered into the Federal Bureau of Investigation's National Crime Information Center database, or any successor or similar database maintained by the United States. "Administrative warrant" does not include any warrants issued by a criminal court upon a determination of probable cause and in compliance with the requirements of the Fourth Amendment to the United States Constitution and Article I, Section 6 of the Illinois Constitution.

"Certification form" means any law enforcement certification form or statement required by federal immigration law certifying that a person is a victim of qualifying criminal activity including, but not limited to, the information required by Section 1184(p) of Title 8 of the United States Code (including current United States Citizenship and Immigration Service Form I-918, Supplement B, or any successor forms) for purposes of obtaining a U visa, or by Section 1184(o) of Title 8 of the United States Code (including current United States Citizenship and Immigration Service Form I-914, Supplement B, or any successor forms) for purposes of obtaining a T visa.

"Certifying agency" means a State or local law enforcement agency, prosecutor, or other authority that has responsibility for the detection, investigation, or prosecution of criminal activity including an agency that has criminal investigative jurisdiction in its respective areas of expertise, and specifically includes the Department of Labor, the Department of Children and Family Services, the Department of Human Services, and the Illinois Workers' Compensation Commission, but not including any State court.

"Coerce" means to use express or implied threats towards a person or family member of a person that attempts to put the person in immediate fear of the consequences in order to compel that person to act against his or her will.

"Contact information" means home address, work address, telephone number, electronic mail address, social media information, or any other personal identifying information that could be used as a means to contact an individual.

"Eligible for release from custody" means that the individual may be released from custody because one of the following conditions has occurred:

(1) all criminal charges against the individual have been dropped or dismissed;

(2) the individual has been acquitted of all criminal charges filed against him or her;

(3) the individual has served all the time required for his or her sentence;

(4) the individual has posted a bond; or

(5) the individual is otherwise eligible for release under State or local law or local policy.

"Family member" means a person's (i) mother or father (including step or adoptive), spouse, brother or sister (including blood, step, half, or adoptive), son or daughter (including blood, step, half, or adopted), father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, grandparent, or grandchild; (ii) court-appointed legal guardian or a person for whom the person is a court-appointed legal guardian; or (iii) domestic partner or the domestic partner's mother or father (including step or adoptive), brother or sister (including blood, step, half, or adoptive), or son or daughter (including blood, step, half, or adopted).

"Immigration agent" means an agent of federal Immigration and Customs Enforcement, federal Customs and Border Protection, an individual authorized to conduct enforcement of civil immigration laws under Section 1357(g) of Title 8 of the United States Code or any other federal law, any other federal agent charged with enforcement of civil immigration laws, or any successor.

"Immigration enforcement operation" means an operation that has as one of its objectives the identification or apprehension of a person or persons: (1) in order to subject them to civil immigration detention, removal proceedings or removal from the United States; or (2) to criminally prosecute a person or persons for offenses related to immigration status, including, but not limited to, violations of Sections 1253, 1304, 1306(a) and (b), 1325, or 1326 of Title 8 of the United States Code.

"Immigration detainer" means a document issued by an immigration agent to a federal, State, or local law enforcement agency that requests that the law enforcement agency provide notice of release or maintain custody of an individual based on an alleged violation of a civil immigration law, including detainers issued under Section 287.7 of Title 8 of the United States Code or Section 236.1 of Title 8 of the Code of Federal Regulations.

"Law enforcement agency" means an agency in this State charged with enforcement of State, county, or municipal laws or with managing custody of detained persons in the State, including municipal police departments, sheriff's departments, campus police departments, the Department of State Police, and the Department of Juvenile Justice.

"Law enforcement official" means any officer or other agent of a State or local law enforcement agency authorized to enforce criminal laws, rules, regulations, or local ordinances or to operate jails, correctional facilities, or juvenile detention facilities or to maintain custody of individuals in jails, correctional facilities, or juvenile detention facilities.

"Qualifying criminal activity" means any activity regardless of the stage of detection, investigation, or prosecution, involving one or more of the following or any similar activity in violation of federal, State, or local criminal law: rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; stalking; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; fraud in foreign labor contracting (as defined in Section 1351 of Title 18 of the United States Code); or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes; and any criminal activity that has an articulable similarity to any activity listed under this definition, but is not specifically listed under this definition. Qualifying criminal activity also means any qualifying criminal activity that occurs during the commission of non-qualifying criminal activity, regardless of whether or not criminal prosecution was sought for the qualifying criminal activity. Criminal activity may be considered qualifying criminal activity regardless of how much time has elapsed since its commission.

"Verbal abuse" means the use of a remark which is overtly insulting, mocking, or belittling directed at a person based upon the actual or perceived: (1) race, color, sex, religion, national origin, English proficiency, sexual orientation, or gender identity of that person, or (2) citizenship or immigration status of that person or that person's family member.

"Victim of qualifying criminal activity" means any individual who:

(1)(A)(i) has reported qualifying criminal activity to a law enforcement agency or certifying agency; or (ii) has otherwise participated in the detection, investigation, or prosecution of qualifying criminal activity; and

(B) has suffered direct and proximate harm as a result of the commission of any qualifying criminal activity; including, but not limited to: (i) any indirect victim regardless of the direct victim's immigration or citizenship status, who, in any case in which the direct victim is deceased, incompetent, or incapacitated, is the direct victim's spouse, the direct victim's child under 21 years of age, or if the direct victim is under 21 years of age, the direct victim's unmarried sibling under 18 years of age or parent; or (ii) any bystander victim who suffers direct physical or mental harm as a result of the qualifying criminal activity, or

(2) was a victim of a severe form of trafficking in persons as defined in Section 7102 of Title 22 of the United States Code and Section 10-9 of the Criminal Code of 2012.

More than one victim may be identified and provided with a certification form depending upon the circumstances. For purposes of the definition of "victim of qualifying criminal activity," the term "incapacitated" means unable to interact with the law enforcement agency or certifying agency personnel as a result of a cognitive impairment or other physical limitation, because of physical restraint or disappearance, or because the victim was a minor at the time the crime was committed and reported.

Section 15. Prohibited immigration enforcement activities; exceptions.

(a) A law enforcement agency or official shall not detain or continue to detain any individual solely on the basis of any immigration detainer or administrative warrant, or otherwise comply with an immigration detainer or administrative warrant after that individual becomes eligible for release from custody.

(b) A law enforcement agency or official shall not stop, arrest, search, detain, or continue to detain a person solely based on an individual's citizenship or immigration status, an administrative warrant, an individual's possession of a temporary visitor's driver's license issued by the Secretary of State under the Illinois Vehicle Code, or an individual's possession of a passport, consular identification document, or other identification document issued by a foreign government.

(c) A law enforcement agency or official shall not inquire about the citizenship or immigration status of an individual, including a crime victim, a witness, or a person who calls or approaches the law enforcement agency or official seeking assistance, unless necessary to investigate criminal activity by that individual. Nothing in this subsection (c) shall be construed to limit the ability of a law enforcement agency or official to ask a person in the law enforcement agency's custody about that person's country of nationality for purposes of facilitating communication with consular officers from that person's country of nationality in accordance with the Vienna Convention on Consular Relations.

(d) A law enforcement agency or official shall not request or accept a temporary visitor's driver's license issued by the Secretary of State under the Illinois Vehicle Code as proof of a person's identity. A law enforcement agency or official may only request an individual's temporary visitor's driver's license to establish that the individual is or is not licensed by the State to operate a motor vehicle.

(e) A law enforcement agency or official shall not enter into an agreement under Section 1357(g) of Title 8 of the United States Code or any other federal law that permits State or local governmental entities to enforce federal civil immigration laws.

(f) A law enforcement agency or official shall not participate in immigration enforcement operations as defined in Section 10 of this Act, which includes, but is not limited to, operations to establish traffic perimeters. Except as provided in subsection (i) of this Section, a law enforcement agency or official shall not provide to any immigration agent information on persons that may be the subject of immigration enforcement operations.

(g) A law enforcement agency or official shall not:

(1) give any immigration agent access to any individual;

(2) transfer any person into an immigration agent's custody;

(3) permit immigration agents use of agency facilities or equipment, including any agency electronic databases not available to the public, for investigative interviews or other investigative purpose in executing an immigration enforcement operation; or

(4) respond to immigration agent inquiries regarding any individual's incarceration status, release date, or contact information except insofar as the agency makes that information available to the public.

(h) Notwithstanding any other provision of this Section, (1) if an immigration agent presents to a law enforcement official or law enforcement agency a valid and properly issued criminal warrant related to the investigation or prosecution of any criminal offense, including offenses provided for in the laws of another state or federal law, or (2) otherwise demonstrates that he or she is engaged in the investigation or prosecution of a criminal offense or activity (not including any offense related to immigration status, including, but not limited to, a violation of Section 1253, 1304, 1306 (a) or (b), 1325, or 1326 of Title 8 of the United States Code), then the law enforcement official or law enforcement agency may conduct any of the activities listed in this Section or otherwise communicate or coordinate with an immigration agent solely for assisting with that specific purpose.

(i) Nothing in this Section shall be construed to prohibit or restrict any entity from sending to, or receiving from, the United States Department of Homeland Security or other federal, State, or local government entity information regarding the citizenship or immigration status of any individual under Sections 1373 and 1644 of Title 8 of the United States Code.

(j) Subsection (g) of this Section shall not apply to the Department of Corrections.

(k) Nothing in this Section shall be construed as restricting any expenditure or activity necessary to the performance by the State, any unit of local government, or any law enforcement or other agency, official, employee, or agent of any obligations under any contract between the State, the unit of local government, or the agency and federal officials regarding the use of a facility to detain individuals in federal immigration removal proceedings.

Section 20. Prohibited activities related to immigration detention facilities. Notwithstanding subsection (k) of Section 15 of this Act, no State agency or unit of local government shall be permitted to contract with a private for-profit vendor or contractor for the provision of services, other than ancillary services as defined under Section 3 of the Private Correctional Facility Moratorium Act, relating to the operation or management of a facility to detain individuals in federal immigration removal proceedings, or to approve any permits, zoning changes, or other measures required for, or to otherwise facilitate, the construction, operation, or management of any such facility.

Section 25. Other prohibited activities; verbal abuse and coercion. A law enforcement agency or law enforcement official shall not:

(1) coerce any person based upon the person's actual or perceived citizenship or immigration status or the actual or perceived citizenship or immigration status of the person's family member;

(2) communicate a threat to deport that person or any family member of that person under circumstances that reasonably tend to produce a fear that the threat will be carried out; or

(3) otherwise subject a person to verbal abuse as defined by Section 10 of this Act.

Section 30. Other prohibited activities; registry programs. A State or local government agency or official shall not expend any time, facilities, equipment, information, or other resources of the agency or official to facilitate the creation, publication, or maintenance of any federal program with the purpose of registering or maintaining a database of individuals present in the United States based on their race, color, ancestry, national origin, or religion, or to facilitate the participation in such a program of any residents of the jurisdiction served by that agency or official.

Section 35. Certifications for victims of qualifying criminal activity.

(a) A certifying agency shall complete a certification form requested by any victim of qualifying criminal activity as defined in Section 10 of this Act within 90 days of receiving the request, except as otherwise required under this subsection (a). If the victim of qualifying criminal activity is in federal immigration removal proceedings or detained, then the certifying agency shall complete the certification form no later than 14 days after the request is received by the agency. If the victim's children, parents, or siblings will become ineligible for benefits under Sections 1184(p) and 1184(o) of Title 8 of the United States Code by virtue of the victim's children having reached the age of 21 years, the victim having reached the age of 21 years, or the victim's sibling having reached the age of 18 years within 90 days from the date that the certifying agency receives the certification request, the certifying agency shall complete the certification form no later than 14 days after the request is received by the agency, or if the loss of the benefit would occur less than 14 days of receipt of the certification request, the agency shall complete a certification form within 3 days. Requests for expedited completion of a certification form shall be affirmatively raised by the victim or representative of the victim.

(b) A request for completion of a certification form under subsection (a) of this Section may be submitted by a representative of the victim, including, but not limited to, an attorney, accredited representative, or domestic violence service provider. A certifying agency may decline to complete the certification form requested under subsection (a) of this Section only if, after a good faith inquiry, the agency cannot determine that the applicant is a victim of qualifying criminal activity as defined in Section 10 of this Act.

(c) Each certifying agency has independent legal authority to complete and issue a certification form. The head of each certifying agency, or a designated agent who performs a supervisory role within the certifying agency, shall perform the following responsibilities:

(1) respond to requests for certifications as required by this Section;

(2) make information regarding the agency's procedures for certification requests publicly available for victims of qualifying criminal activity and their representatives; and

(3) keep written records of all certification requests and responses, which shall be reported to the Illinois Trust Act Compliance Board on an annual basis.

(d) A certifying agency shall complete and reissue a certification form within 90 days of receiving a request to reissue. If the victim seeking recertification has a deadline to respond to a request for evidence from United States Citizenship and Immigration Services, the certifying agency shall complete and issue the form no later than 14 days after the request is received by the agency. Requests for expedited re-certification shall be affirmatively raised by the victim or representative of the victim.

(e) Notwithstanding any other provision of this Section, a certifying agency's completion of a certification form shall not be considered sufficient evidence that an applicant for a U or T visa has met all eligibility requirements for that visa and completion of a certification form by a certifying agency shall not be construed to guarantee that the victim will receive federal immigration relief. It is the exclusive responsibility of federal immigration officials to determine whether any individual is eligible for a U or T visa. Completion of a certification form by a certifying agency merely verifies factual information relevant to the immigration benefit sought, including information relevant for federal immigration officials to determine eligibility for a U or T visa. By completing a certification form, the certifying agency attests that the information is true and correct to the best of the certifying official's knowledge. If, after completion of a certification form, the victim unreasonably refuses to assist in the investigation or prosecution of the qualifying criminal activity of which he or she is a victim, then the certifying agency may notify United States Citizenship and Immigration Services in writing.

(f) All certifying agencies not subject to the training requirements established in Section 10.17-5 of the Illinois Police Training Act shall adopt a training program on U and T nonimmigrant visas and other remedies for immigrant victims of qualifying criminal activity.

(g) All certifying agencies shall adopt and implement a language access protocol for non-English speaking victims of qualifying criminal activity.

Section 40. Certain State-funded schools and facilities.

(a) Absent a judicial warrant or probable cause of criminal activity (not including an offense related to immigration status, including, but not limited to, a violation of Section 1253, 1304, 1306 (a) or (b), 1325, or 1326 of Title 8 of the United States Code), a government official shall not make arrests in the following State-funded facilities or their adjacent grounds:

(1) State-funded schools, including licensed day care centers, pre-schools, and other early learning programs; elementary and secondary schools, and institutions of higher education.

(2) State-funded medical treatment and health care facilities, including hospitals, health clinics, emergency or urgent care facilities, nursing homes, group homes for persons with developmental disabilities, community-integrated living arrangements, and State mental health facilities.

(3) Facilities operated by the Office of the Secretary of State.

(4) Circuit courts, State appellate courts, or the Supreme Court.

(b) Employees of elementary and secondary schools in this State and institutions of higher education in this State shall not inquire about a student's citizenship or immigration status or that of the student's family members, except in cases of in-State or in-district tuition verification, scholarships, grants, or services that are contingent upon this information. State agencies and State-funded medical treatment and health care facilities shall not inquire about or request proof of citizenship or immigration status when providing services or benefits, except when the receipt of the services or benefits is contingent upon the person's immigration or citizenship status or when inquiries are otherwise lawfully required by federal, State, or local laws. State agencies and State-funded medical treatment and health care facilities shall not collect information regarding a person's citizenship or immigration status, except as required by federal or State law.

(c) Beginning 120 days after the effective date of this Act, except as required by federal, State, or local law, no new applications, questionnaires, or interview forms used in relation to benefits, opportunities, or services provided by a State agency or in-State or in-district tuition verification, scholarships, grants, or services provided by a public elementary or secondary school or public institution of higher education may contain any questions regarding citizenship or immigration status.

(d) The appropriate personnel of a facility listed in paragraph (1) of subsection (a) of this Section shall develop a plan within 90 days after the effective date of this Act to provide assistance, information, and safety to persons who are concerned about the government's immigration enforcement efforts. The appropriate personnel of a facility listed in paragraph (2) of subsection (a) of this Section shall make information available to patients to address concerns about the government's immigration enforcement efforts.

(e) Information or documents regarding an individual's citizenship or immigration status are confidential information. Absent a judicial warrant or court-ordered subpoena, a school, institution of higher education, State agency, State-funded medical treatment or health care facility that collects information or documents regarding an individual's citizenship or immigration status under federal or State law shall not disclose or otherwise make available to any person or entity information or documents regarding an individual's citizenship or immigration status except when disclosure is necessary between a facility listed in paragraph (2) of subsection (a) of this Section and any other licensed health care facility or professional for the provision of health care and except as provided under subsection (g) of this Section. Nothing in this Section is intended to prevent any entity from exchanging aggregated, de-identified information with State, local, or federal entities.

(f) A facility listed in paragraph (2) of subsection (a) of this Section may deny access, delay access, or limit access by law enforcement personnel, including immigration agents, based upon the medical condition or safety of patients or staff or based upon compliance with legal requirements, such as federal or State law governing patient privacy. A facility and an individual affiliated with that facility who, acting in good faith, either grants or denies access to the facility by law enforcement personnel, including immigration agents, under this Act shall be immune from any civil or criminal liability based upon the decision to grant or deny access.

(g) Nothing in this Section 40 shall be construed to prohibit or restrict any entity covered by Section 1373 and 1644 of Title 8 of the United States Code from sending to, or receiving from, the United States Department of Homeland Security or any other federal, State, or local government entity information regarding the citizenship or immigration status of any individual.

Section 45. Equal access to educational, rehabilitative, and diversionary programs in the criminal justice system.

Neither the Department of Corrections nor any law enforcement agency may consider an immigration detainer or administrative warrant in determining an individual's eligibility or placement in any educational, rehabilitative, or diversionary program described in the Unified Code of Corrections or any other educational, rehabilitative, or diversionary program administered by a law enforcement agency.

Section 50. Compliance Board; oversight.

(a) The Governor shall appoint, with the advice and consent of the Senate, an Illinois Trust Act Compliance Board within 90 days after the effective date of this Act. This Board shall consist of 13 members, serving terms of 3 years, and the members shall elect their chairperson. No more than 7 members shall be of the same political party. All appointments shall be made in writing and filed with the Secretary of State as a public record.

(b) The Board shall consist of the following members:

(1) one representative of the Governor's office;

(2) one representative of the Attorney General's office;

(3) one representative of the Illinois Legislative Latino Caucus;

(4) one representative of law enforcement from the Chicago Police Department;

(5) one representative of law enforcement from Cook County;

(6) 2 representatives of law enforcement from outside of Cook County;

(7) one representative that advocates for immigrants in the Latino or Hispanic community in this State;

(8) one representative that advocates for immigrants in the Asian American community in this State;

(9) one representative that advocates for immigrants in the African, Arab, or Muslim American community in this State;

(10) one representative that advocates for immigrants in this State;

(11) 2 representatives that advocate for immigrant victims of domestic violence, sexual assault, or human trafficking in this State;

(c) This Board shall be charged with the following responsibilities:

(1) monitoring compliance with this Act;

(2) disseminating information about this Act to affected communities and the general public;

(3) establishing mechanisms by which the public can report concerns and recommendations regarding implementation of this Act;

(4) identifying implementation issues and other trends, and providing recommendations to the Governor and the Attorney General for addressing these issues;

(5) conducting research regarding sharing personally identifiable information between law enforcement agencies and federal Immigration and Customs Enforcement, including but not limited to, research regarding:

(A) requests for or investigations involving personally identifiable information by law enforcement agencies and officials;

(B) sharing of information and data posted in the Illinois Law Enforcement Agencies Database System (LEADS) or any other State administered database to which immigration agents have access;

(C) immigration agents' use of the LEADS database or any other State administered database; and

(D) the impact of the requests, investigations, and sharing and use of information on relations between law enforcement agencies and immigrant communities;

(6) conducting additional research as may be necessary, including, but not limited to, requesting and disseminating data from law enforcement agencies relevant to this Act and this Act's impact on law enforcement agencies, police-community relations, affected communities, and the State overall;

(7) publishing a report of its activities no less than once each calendar year; and

(8) any other responsibilities relating to this Act as the Board may identify.

Section 115. The Illinois Notary Public Act is amended by changing Section 3-104 as follows:

(5 ILCS 312/3-104) (from Ch. 102, par. 203-104)

Sec. 3-104. Maximum Fee.

(a) Except as provided in subsection (b) of this Section, the maximum fee in this State is $1.00 for any notarial act performed and, until July 1, 2018, up to $25 for any notarial act performed pursuant to Section 3-102.

(b) Fees for a notary public, agency, or any other person who is not an attorney or an accredited representative filling out immigration forms shall be limited to the following:

(1) $10 per form completion;

(2) $10 per page for the translation of a non-English language into English where such translation is required for immigration forms;

(3) $1 for notarizing;

(4) $3 to execute any procedures necessary to obtain a document required to complete immigration forms; and

(5) A maximum of $75 for one complete application.

Fees authorized under this subsection shall not include application fees required to be submitted with immigration applications.

Any person who violates the provisions of this subsection shall be guilty of a Class A misdemeanor for a first offense and a Class 3 felony for a second or subsequent offense committed within 5 years of a previous conviction for the same offense.

(c) Upon his own information or upon complaint of any person, the Attorney General or any State's Attorney, or their designee, may maintain an action for injunctive relief in the court against any notary public or any other person who violates the provisions of subsection (b) of this Section. These remedies are in addition to, and not in substitution for, other available remedies.

(c-5) Notwithstanding subsection (c) of this Section, any person may file a civil action to enforce the provisions of this subsection and maintain an action for injunctive relief, for compensatory damages to recover prohibited fees, or for such additional relief as may be appropriate to deter, prevent, or compensate for the violation. In order to deter violations of this Section, courts shall not require a showing of the traditional elements for equitable relief. A prevailing plaintiff may be awarded 3 times the prohibited fees, or a minimum of $1,000 in punitive damages, attorney's fees, and costs of bringing an action under this Section. It is the express intent of the General Assembly that remedies for violation of this Section be cumulative. If the Attorney General or any State's Attorney fails to bring an action as provided pursuant to this subsection within 90 days of receipt of a complaint, any person may file a civil action to enforce the provisions of this subsection and maintain an action for injunctive relief.

(d) All notaries public must provide receipts and keep records for fees accepted for services provided. Failure to provide receipts and keep records that can be presented as evidence of no wrongdoing shall be construed as a presumptive admission of allegations raised in complaints against the notary for violations related to accepting prohibited fees.

(Source: P.A. 98-29, eff. 6-21-13.)

Section 120. The Illinois Police Training Act is amended by adding Section 10.17-5 as follows:

(50 ILCS 705/10.17-5 new)

Sec. 10.17-5. Training program on federal nonimmigrant visas. The Board shall conduct or approve a training program on U and T nonimmigrant visas and other immigration remedies for immigrant victims of qualifying criminal activity as defined in Section 10 of the Illinois Trust Act. A law enforcement agency's continuing education program shall provide to the head of the agency or the head of the agency's designee continuing education concerning U and T nonimmigrant visas, and continuing education concerning cultural diversity awareness.

Section 125. The Code of Criminal Procedure of 1963 is amended by changing Section 113-8 and by adding Section 110-5.2 as follows:

(725 ILCS 5/110-5.2 new)

Sec. 110-5.2. Bail for persons subject to an immigration detainer. A person subject to an immigration detainer or administrative warrant shall not be denied bail solely on the basis of the immigration detainer or administrative warrant. Nothing in this Section may be construed to undermine the authority of a court to set bail or a bond determination under this Article.

(725 ILCS 5/113-8)

Sec. 113-8. Advisement concerning status as an alien. Before the acceptance of a plea of guilty, guilty but mentally ill, or nolo contendere to a misdemeanor or felony offense, the court shall give the following advisement to the defendant in open court:

"If you are not a citizen of the United States, you are hereby advised that conviction of the offense for which you have been charged may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization under the laws of the United States.".

Nothing in this Section shall be construed to authorize or direct any court to request that the defendant state his or her immigration or citizenship status, or to require that the defendant provide such information.

(Source: P.A. 93-373, eff. 1-1-04.)

Section 130. The Probation and Probation Officers Act is amended by changing Section 12 as follows:

(730 ILCS 110/12) (from Ch. 38, par. 204-4)

Sec. 12. The duties of probation officers shall be:

(1) To investigate as required by Section 5-3-1 of the "Unified Code of Corrections", approved July 26, 1972, as amended, the case of any person to be placed on probation. Full opportunity shall be afforded a probation officer to confer with the person under investigation when such person is in custody.

(2) To notify the court of any previous conviction for crime or previous probation of any defendant invoking the provisions of this Act.

(3) All reports and notifications required in this Act to be made by probation officers shall be in writing and shall be filed by the clerk in the respective cases.

(4) To preserve complete and accurate records of cases investigated, including a description of the person investigated, the action of the court with respect to his case and his probation, the subsequent history of such person, if he becomes a probationer, during the continuance of his probation, which records shall be open to inspection by any judge or by any probation officer pursuant to order of court, but shall not be a public record, and its contents shall not be divulged otherwise than as above provided, except upon order of court; provided that nothing in this Section shall be construed to require or direct any probation officer to (A) inquire to the United States Department of Homeland Security regarding the citizenship or immigration status of a person or (B) provide to the United States Department of Homeland Security any personal information regarding that person, unless otherwise required by law.

(5) To take charge of and watch over all persons placed on probation under such regulations and for such terms as may be prescribed by the court, and giving to each probationer full instructions as to the terms of his release upon probation and requiring from him such periodical reports as shall keep the officer informed as to his conduct.

(6) To develop and operate programs of reasonable public or community service for any persons ordered by the court to perform public or community service, providing, however, that no probation officer or any employee of a probation office acting in the course of his official duties shall be liable for any tortious acts of any person performing public or community service except for wilful misconduct or gross negligence on the part of the probation officer or employee.

(7) When any person on probation removes from the county where his offense was committed, it shall be the duty of the officer under whose care he was placed to report the facts to the probation officer in the county to which the probationer has removed; and it shall thereupon become the duty of such probation officer to take charge of and watch over said probationer the same as if the case originated in that county; and for that purpose he shall have the same power and authority over said probationer as if he had been originally placed in said officer's charge; and such officer shall be required to report in writing every 6 months, or more frequently upon request the results of his supervision to the probation officer in whose charge the said probationer was originally placed by the court.

(8) To authorize travel permits to individuals under their supervision unless otherwise ordered by the court.

(9) To perform such other duties as are provided for in this act or by rules of court and such incidental duties as may be implied from those expressly required.

(10) To send written notification to a public housing agency if a person on probation for a felony who is under the supervision of the probation officer informs the probation officer that he or she has resided, resides, or will reside at an address that is a housing facility owned, managed, operated, or leased by that public housing agency.

(11) If a person on probation for a felony offense who is under the supervision of the probation officer becomes a resident of a facility licensed or regulated by the Department of Public Health, the Illinois Department of Public Aid, or Illinois Department of Human Services, the probation officer shall within 3 days of the person becoming a resident, notify the licensing or regulating Department and licensed or regulated facility and shall provide the licensed or regulated facility and licensing or regulating Department with copies of the following:

(a) (blank);

(b) any applicable probation orders and corresponding compliance plans;

(c) the name and contact information for the assigned probation officer.

(Source: P.A. 94-163, eff. 7-11-05; 94-752, eff. 5-10-06.)

Section 135. The Consumer Fraud and Deceptive Business Practices Act is amended by changing Section 2AA as follows:

(815 ILCS 505/2AA)

Sec. 2AA. Immigration services.

(a) "Immigration matter" means any proceeding, filing, or action affecting the nonimmigrant, immigrant or citizenship status of any person that arises under immigration and naturalization law, executive order or presidential proclamation of the United States or any foreign country, or that arises under action of the United States Citizenship and Immigration Services, the United States Department of Labor, or the United States Department of State.

"Immigration assistance service" means any information or action provided or offered to customers or prospective customers related to immigration matters, excluding legal advice, recommending a specific course of legal action, or providing any other assistance that requires legal analysis, legal judgment, or interpretation of the law.

"Compensation" means money, property, services, promise of payment, or anything else of value.

"Employed by" means that a person is on the payroll of the employer and the employer deducts from the employee's paycheck social security and withholding taxes, or receives compensation from the employer on a commission basis or as an independent contractor.

"Reasonable costs" means actual costs or, if actual costs cannot be calculated, reasonably estimated costs of such things as photocopying, telephone calls, document requests, and filing fees for immigration forms, and other nominal costs incidental to assistance in an immigration matter.

(a-1) The General Assembly finds and declares that private individuals who assist persons with immigration matters have a significant impact on the ability of their clients to reside and work within the United States and to establish and maintain stable families and business relationships. The General Assembly further finds that that assistance and its impact also have a significant effect on the cultural, social, and economic life of the State of Illinois and thereby substantially affect the public interest. It is the intent of the General Assembly to establish rules of practice and conduct for those individuals to promote honesty and fair dealing with residents and to preserve public confidence.

(a-5) The following persons are exempt from this Section, provided they prove the exemption by a preponderance of the evidence:

(1) An attorney licensed to practice law in any state or territory of the United States, or of any foreign country when authorized by the Illinois Supreme Court, to the extent the attorney renders immigration assistance service in the course of his or her practice as an attorney.

(2) A legal intern, as described by the rules of the Illinois Supreme Court, employed by and under the direct supervision of a licensed attorney and rendering immigration assistance service in the course of the intern's employment.

(3) A not-for-profit organization recognized by the Board of Immigration Appeals under 8 C.F.R. 292.2(a) and employees of those organizations accredited under 8 C.F.R. 292.2(d).

(4) Any organization employing or desiring to employ a documented or undocumented immigrant or nonimmigrant alien, where the organization, its employees or its agents provide advice or assistance in immigration matters to documented or undocumented immigrant or nonimmigrant alien employees or potential employees without compensation from the individuals to whom such advice or assistance is provided.

Nothing in this Section shall regulate any business to the extent that such regulation is prohibited or preempted by State or federal law.

All other persons providing or offering to provide immigration assistance service shall be subject to this Section.

(b) Any person who provides or offers to provide immigration assistance service may perform only the following services:

(1) Completing a government agency form, requested by the customer and appropriate to the customer's needs, only if the completion of that form does not involve a legal judgment for that particular matter.

(2) Transcribing responses to a government agency form which is related to an immigration matter, but not advising a customer as to his or her answers on those forms.

(3) Translating information on forms to a customer and translating the customer's answers to questions posed on those forms.

(4) Securing for the customer supporting documents currently in existence, such as birth and marriage certificates, which may be needed to be submitted with government agency forms.

(5) Translating documents from a foreign language into English.

(6) Notarizing signatures on government agency forms, if the person performing the service is a notary public of the State of Illinois.

(7) Making referrals, without fee, to attorneys who could undertake legal representation for a person in an immigration matter.

(8) Preparing or arranging for the preparation of photographs and fingerprints.

(9) Arranging for the performance of medical testing (including X-rays and AIDS tests) and the obtaining of reports of such test results.

(10) Conducting English language and civics courses.

(11) Other services that the Attorney General determines by rule may be appropriately performed by such persons in light of the purposes of this Section.

Fees for a notary public, agency, or any other person who is not an attorney or an accredited representative filling out immigration forms shall be limited to the maximum fees set forth in subsections (a) and (b) of Section 3-104 of the Notary Public Act (5 ILCS 312/3-104). The maximum fee schedule set forth in subsections (a) and (b) of Section 3-104 of the Notary Public Act shall apply to any person that provides or offers to provide immigration assistance service performing the services described therein. The Attorney General may promulgate rules establishing maximum fees that may be charged for any services not described in that subsection. The maximum fees must be reasonable in light of the costs of providing those services and the degree of professional skill required to provide the services.

No person subject to this Act shall charge fees directly or indirectly for referring an individual to an attorney or for any immigration matter not authorized by this Article, provided that a person may charge a fee for notarizing documents as permitted by the Illinois Notary Public Act.

(c) Any person performing such services shall register with the Illinois Attorney General and submit verification of malpractice insurance or of a surety bond.

(d) Except as provided otherwise in this subsection, before providing any assistance in an immigration matter a person shall provide the customer with a written contract that includes the following:

(1) An explanation of the services to be performed.

(2) Identification of all compensation and costs to be charged to the customer for the services to be performed.

(3) A statement that documents submitted in support of an application for nonimmigrant, immigrant, or naturalization status may not be retained by the person for any purpose, including payment of compensation or costs.

This subsection does not apply to a not-for-profit organization that provides advice or assistance in immigration matters to clients without charge beyond a reasonable fee to reimburse the organization's or clinic's reasonable costs relating to providing immigration services to that client.

(e) Any person who provides or offers immigration assistance service and is not exempted from this Section, shall post signs at his or her place of business, setting forth information in English and in every other language in which the person provides or offers to provide immigration assistance service. Each language shall be on a separate sign. Signs shall be posted in a location where the signs will be visible to customers. Each sign shall be at least 11 inches by 17 inches, and shall contain the following:

(1) The statement "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE."

(2) The statement "I AM NOT ACCREDITED TO REPRESENT YOU BEFORE THE UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE AND THE IMMIGRATION BOARD OF APPEALS."

(3) The fee schedule.

(4) The statement that "You may cancel any contract within 3 working days and get your money back for services not performed."

(5) Additional information the Attorney General may require by rule.

Every person engaged in immigration assistance service who is not an attorney who advertises immigration assistance service in a language other than English, whether by radio, television, signs, pamphlets, newspapers, or other written communication, with the exception of a single desk plaque, shall include in the document, advertisement, stationery, letterhead, business card, or other comparable written material the following notice in English and the language in which the written communication appears. This notice shall be of a conspicuous size, if in writing, and shall state: "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN ILLINOIS AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." If such advertisement is by radio or television, the statement may be modified but must include substantially the same message.

Any person who provides or offers immigration assistance service and is not exempted from this Section shall not, in any document, advertisement, stationery, letterhead, business card, or other comparable written material, literally translate from English into another language terms or titles including, but not limited to, notary public, notary, licensed, attorney, lawyer, or any other term that implies the person is an attorney. To illustrate, the words "notario" and "poder notarial" are prohibited under this provision.

If not subject to penalties under subsection (a) of Section 3-103 of the Notary Public Act (5 ILCS 312/3-103), violations of this subsection shall result in a fine of $1,000. Violations shall not preempt or preclude additional appropriate civil or criminal penalties.

(f) The written contract shall be in both English and in the language of the customer.

(g) A copy of the contract shall be provided to the customer upon the customer's execution of the contract.

(h) A customer has the right to rescind a contract within 72 hours after his or her signing of the contract.

(i) Any documents identified in paragraph (3) of subsection (c) shall be returned upon demand of the customer.

(j) No person engaged in providing immigration services who is not exempted under this Section shall do any of the following:

(1) Make any statement that the person can or will obtain special favors from or has special influence with the United States Immigration and Naturalization Service or any other government agency.

(2) Retain any compensation for service not performed.

(2.5) Accept payment in exchange for providing legal advice or any other assistance that requires legal analysis, legal judgment, or interpretation of the law.

(3) Refuse to return documents supplied by, prepared on behalf of, or paid for by the customer upon the request of the customer. These documents must be returned upon request even if there is a fee dispute between the immigration assistant and the customer.

(4) Represent or advertise, in connection with the provision assistance in immigration matters, other titles of credentials, including but not limited to "notary public" or "immigration consultant," that could cause a customer to believe that the person possesses special professional skills or is authorized to provide advice on an immigration matter; provided that a notary public appointed by the Illinois Secretary of State may use the term "notary public" if the use is accompanied by the statement that the person is not an attorney; the term "notary public" may not be translated to another language; for example "notario" is prohibited.

(5) Provide legal advice, recommend a specific course of legal action, or provide any other assistance that requires legal analysis, legal judgment, or interpretation of the law.

(6) Make any misrepresentation of false statement, directly or indirectly, to influence, persuade, or induce patronage.

(k) (Blank)

(l) (Blank)

(m) Any person who violates any provision of this Section, or the rules and regulations issued under this Section, shall be guilty of a Class A misdemeanor for a first offense and a Class 3 felony for a second or subsequent offense committed within 5 years of a previous conviction for the same offense.

Upon his own information or upon the complaint of any person, the Attorney General or any State's Attorney, or a municipality with a population of more than 1,000,000, may maintain an action for injunctive relief and also seek a civil penalty not exceeding $50,000 in the circuit court against any person who violates any provision of this Section. These remedies are in addition to, and not in substitution for, other available remedies.

Notwithstanding this subsection (m), any If the Attorney General or any State's Attorney or a municipality with a population of more than 1,000,000 fails to bring an action as provided under this Section any person may file a civil action to enforce the provisions of this Article and maintain an action for injunctive relief, for compensatory damages to recover prohibited fees, or for such additional relief as may be appropriate to deter, prevent, or compensate for the violation. In order to deter violations of this Section, courts shall not require a showing of the traditional elements for equitable relief. A prevailing plaintiff may be awarded 3 times the prohibited fees or a minimum of $1,000 in punitive damages, attorney's fees, and costs of bringing an action under this Section. It is the express intention of the General Assembly that remedies for violation of this Section be cumulative.

(n) No unit of local government, including any home rule unit, shall have the authority to regulate immigration assistance services unless such regulations are at least as stringent as those contained in this amendatory Act of 1992. It is declared to be the law of this State, pursuant to paragraph (i) of Section 6 of Article VII of the Illinois Constitution of 1970, that this amendatory Act of 1992 is a limitation on the authority of a home rule unit to exercise powers concurrently with the State. The limitations of this Section do not apply to a home rule unit that has, prior to the effective date of this amendatory Act, adopted an ordinance regulating immigration assistance services.

(o) This Section is severable under Section 1.31 of the Statute on Statutes.

(p) The Attorney General shall issue rules not inconsistent with this Section for the implementation, administration, and enforcement of this Section. The rules may provide for the following:

(1) The content, print size, and print style of the signs required under subsection (e). Print sizes and styles may vary from language to language.

(2) Standard forms for use in the administration of this Section.

(3) Any additional requirements deemed necessary.

(Source: P.A. 99-679, eff. 1-1-17.)

Section 997. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 999. Effective date. This Act takes effect upon becoming law.".