SB0032sam001 100TH GENERAL ASSEMBLY

Sen. John J. Cullerton

Filed: 5/26/2017

10000SB0032sam001 LRB100 04995 SLF 27156 a

AMENDMENT TO SENATE BILL 32

AMENDMENT NO. ______. Amend Senate Bill 32 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. Definitions. In this Act:

"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 form) 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 form) for purposes of obtaining a T visa.

"Certifying agency" means a State or local law enforcement agency, prosecutor, or other public 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. "Certifying agency" also includes the Department of Labor, the Department of Children and Family Services, the Department of Human Services, and the Illinois Workers' Compensation Commission. "Certifying agency" does not include any State court.

"Certifying official" means the head of a certifying agency as defined in this Section, or a person within the agency performing a supervisory role who is specifically designated by the head of the certifying agency to respond to requests for certification forms or a person within another certifying agency specifically designated by agreement between the heads of the agencies to respond to requests for certification forms.

"Qualifying criminal activity" means any activity, regardless of the stage of detection, investigation, or prosecution, designated in Section 1101(a)(15)(U)(iii) of Title 8 of the United States Code and any implementing federal regulations, and includes 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.

"Victim of qualifying criminal activity" means a person 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) an 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) a 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 10. Certifications for victims of qualifying criminal activity.

(a) Upon a receipt of a request from a victim of qualifying criminal activity, as defined in Section 5 of this Act, or the victim's representative for completion of a certification form by a certifying agency, the designated certifying official for the agency shall complete and issue the certification form, except that the certifying official may decline, by written notice to the requesting victim or the victim's representative, to complete the certification form requested under this subsection 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 5 of this Act. The certifying official shall complete and issue the certification form within 90 business days of receiving the request, except:

(1) if the victim of qualifying criminal activity is in federal immigration removal proceedings or detained, then the certifying official shall complete the certification form no later than 14 business days after the request is received by the agency; and

(2) if the victim's children, parents, or siblings would 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 business days from the date that the certifying agency receives the certification request, the certifying official shall complete the certification form no later than 14 business days after the request is received by the agency, or if the loss of the benefit would occur less than 14 business days of receipt of the certification request, the certifying official shall complete a certification form within 5 business days.

Requests for expedited completion of a certification form under paragraphs (1) and (2) of this subsection (a) shall be affirmatively raised by the victim or representative of the victim in writing by the victim or representative of the victim and shall establish that the victim is eligible for expedited review.

(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.

(c) Each certifying agency has independent legal authority to complete and issue a certification form. A certifying official from each certifying agency shall perform the following responsibilities:

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

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

(d) A certifying official shall complete and reissue a certification form within 90 business 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 official shall complete and issue the form no later than 14 business days after the request is received by the certifying official. Requests for expedited recertification shall be affirmatively raised by the victim or representative of the victim in writing by the victim or representative of the victim and shall establish that the victim is eligible for expedited review.

(e) Notwithstanding any other provision of this Section, a certifying official'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 a person is eligible for a U or T visa. Completion of a certification form by a certifying official 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 official 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 certifying official later determines the person was not the victim of qualifying criminal activity or 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 official may notify United States Citizenship and Immigration Services in writing.".