Full Text of SB0034 100th General Assembly
SB0034eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Voices | 5 | | of Immigrant Communities Empowering Survivors (VOICES) Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Certification form" means a law enforcement certification | 8 | | form or statement required by federal immigration law | 9 | | certifying that a person is a victim of qualifying criminal | 10 | | activity including, but not limited to, the information | 11 | | required by Section 1184(p) of Title 8 of the United States | 12 | | Code, including current United States Citizenship and | 13 | | Immigration Services Form I-918, Supplement B, or any successor | 14 | | form for purposes of obtaining a U visa or by Section 1184(o) | 15 | | of Title 8 of the United States Code, including current United | 16 | | States Citizenship and Immigration Services Form I-914, | 17 | | Supplement B, or any successor form for purposes of obtaining a | 18 | | T visa. | 19 | | "Certifying agency" means a State or local law enforcement | 20 | | agency, prosecutor, or other public authority that has | 21 | | responsibility for the investigation or prosecution of a | 22 | | qualifying crime or criminal activity, including an agency that | 23 | | has criminal investigative jurisdiction in its respective |
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| 1 | | areas of expertise, including the Department of Labor, the | 2 | | Department of Children and Family Services, the Department of | 3 | | Human Services, and the Illinois Workers' Compensation | 4 | | Commission, but not including any State court. | 5 | | "Qualifying criminal activity" means any activity, | 6 | | regardless of the stage of detection, investigation, or | 7 | | prosecution, designated in Section 1101(a)(15)(U)(iii) of | 8 | | Title 8 of the United States Code, any implementing federal | 9 | | regulations, supplementary information, guidance, and | 10 | | instructions. | 11 | | "Victim of qualifying criminal activity" means a person | 12 | | described in Section 1101(a)(15)(U)(i)(I) of Title 8 of the | 13 | | United States Code, in the definition of "victim of a severe | 14 | | form of trafficking" in Section 7102(14) of Title 22 of the | 15 | | United States Code, or in any implementing federal regulations, | 16 | | supplementary information, guidance, and instructions. | 17 | | Section 10. Certifications for victims of qualifying | 18 | | criminal activity. | 19 | | (a) The head of each certifying agency shall designate an | 20 | | official or officials in supervisory roles, either within the | 21 | | agency or, by agreement with another agency with concurrent | 22 | | jurisdiction over the geographic area or subject matter covered | 23 | | by that agency, within that other agency. Designated officials | 24 | | may not be members of a collective bargaining unit represented | 25 | | by a labor organization, unless the official is an attorney or |
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| 1 | | is employed in an agency in which all supervisory officials are | 2 | | members of a collective bargaining unit. Certifying officials | 3 | | shall: | 4 | | (1) respond to requests for completion of | 5 | | certification forms received by the agency, as required by | 6 | | this Section; and | 7 | | (2) make information regarding the agency's procedures | 8 | | for certification requests publicly available for victims | 9 | | of qualifying criminal activity and their representatives. | 10 | | (b) Any person seeking completion of a certification form | 11 | | shall first submit a request for completion of the | 12 | | certification form to the certifying official for any | 13 | | certifying agency that detected, investigated, or prosecuted | 14 | | the criminal activity upon which the request is based. | 15 | | (c) A request for completion of a certification form under | 16 | | this Section may be submitted by a representative of the person | 17 | | seeking the certification form, including, but not limited to, | 18 | | an attorney, accredited representative, or domestic violence | 19 | | or sexual assault services provider. | 20 | | (d) Upon receiving a request for completion of a | 21 | | certification form, a certifying official shall complete the | 22 | | certification form for any victim of qualifying criminal | 23 | | activity. If the certifying official cannot determine that the | 24 | | applicant is a victim of qualifying criminal activity, the | 25 | | certifying official may provide written notice to the person or | 26 | | the person's representative explaining why the available |
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| 1 | | evidence does not support a finding that the person is a victim | 2 | | of qualifying criminal activity. The certifying official shall | 3 | | complete the certification form and provide it to the person | 4 | | within 90 business days of receiving the request, except: | 5 | | (1) if the person making the request for completion of | 6 | | the certification form is in federal immigration removal | 7 | | proceedings or detained, the certifying official shall | 8 | | complete and provide the certification form to the person | 9 | | no later than 21 business days after the request is | 10 | | received by the certifying agency; | 11 | | (2) if the children, parents, or siblings of the person | 12 | | making the request for completion of the certification form | 13 | | would become ineligible for benefits under Sections | 14 | | 1184(p) and 1184(o) of Title 8 of the United States Code by | 15 | | virtue of the person's children having reached the age of | 16 | | 21 years, the person having reached the age of 21 years, or | 17 | | the person's sibling having reached the age of 18 years | 18 | | within 90 business days from the date that the certifying | 19 | | official receives the certification request, the | 20 | | certifying official shall complete and provide the | 21 | | certification form to the person no later than 21 business | 22 | | days after the request is received by the certifying | 23 | | agency; | 24 | | (3) if the person's children, parents, or siblings | 25 | | under paragraph (2) of this subsection (d) would become | 26 | | ineligible for benefits under Sections 1184(p) and 1184(o) |
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| 1 | | of Title 8 of the United States Code in less than 21 | 2 | | business days of receipt of the certification request, the | 3 | | certifying official shall complete and provide a | 4 | | certification form to the person within 5 business days; or | 5 | | (4) a certifying official may extend the time period by | 6 | | which it must complete and provide the certification form | 7 | | to the person as required under this subsection (d) only | 8 | | upon written agreement with the person or person's | 9 | | representative. | 10 | | Requests for expedited completion of a certification form | 11 | | under paragraphs (1), (2), and (3) of this subsection (d) shall | 12 | | be affirmatively raised by the person or that person's | 13 | | representative in writing to the certifying agency and shall | 14 | | establish that the person is eligible for expedited review. | 15 | | (e) A certifying official who issued an initial | 16 | | certification form shall complete and reissue a certification | 17 | | form within 90 business days of receiving a request from a | 18 | | victim to reissue. If the victim seeking recertification has a | 19 | | deadline to respond to a request for evidence from United | 20 | | States Citizenship and Immigration Services, the certifying | 21 | | official shall complete and issue the form no later than 21 | 22 | | business days after the request is received by the certifying | 23 | | official. Requests for expedited recertification shall be | 24 | | affirmatively raised by the victim or victim's representative | 25 | | in writing and shall establish that the victim is eligible for | 26 | | expedited review. A certifying official may extend the deadline |
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| 1 | | by which he or she will complete and reissue the certification | 2 | | form only upon written agreement with the victim or victim's | 3 | | representative. | 4 | | (f) Notwithstanding any other provision of this Section, a | 5 | | certifying official's completion of a certification form shall | 6 | | not be considered sufficient evidence that an applicant for a U | 7 | | or T visa has met all eligibility requirements for that visa | 8 | | and completion of a certification form by a certifying official | 9 | | shall not be construed to guarantee that the victim will | 10 | | receive federal immigration relief. It is the exclusive | 11 | | responsibility of federal immigration officials to determine | 12 | | whether a person is eligible for a U or T visa. Completion of a | 13 | | certification form by a certifying official merely verifies | 14 | | factual information relevant to the federal immigration | 15 | | benefit sought, including information relevant for federal | 16 | | immigration officials to determine eligibility for a U or T | 17 | | visa. By completing a certification form, the certifying | 18 | | official attests that the information is true and correct to | 19 | | the best of the certifying official's knowledge. If, after | 20 | | completion of a certification form, the certifying official | 21 | | later determines the person was not the victim of qualifying | 22 | | criminal activity or the victim unreasonably refuses to assist | 23 | | in the investigation or prosecution of the qualifying criminal | 24 | | activity of which he or she is a victim, the certifying | 25 | | official may notify United States Citizenship and Immigration | 26 | | Services in writing. |
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| 1 | | (g) A certifying official or agency receiving requests for | 2 | | completion of certification forms shall not disclose the | 3 | | immigration status of a victim or person requesting the | 4 | | certification form, except to comply with federal law or State | 5 | | law, legal process, or if authorized, by the victim or person | 6 | | requesting the certification form. | 7 | | Section 15. Immunity. A certifying agency or certifying | 8 | | official acting or failing to act in good faith in compliance | 9 | | with this Act shall have immunity from civil or criminal | 10 | | liability that might otherwise occur as a result of so acting | 11 | | or failing to act, with the exception of willful or wanton | 12 | | misconduct. Any action brought to seek enforcement of this Act | 13 | | shall be ineligible to seek attorney's fees and costs, unless | 14 | | the action demonstrates willful or wanton misconduct by a | 15 | | certifying agency or certifying official.
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