Illinois General Assembly - Full Text of Public Act 102-0401
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Public Act 102-0401


 

Public Act 0401 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0401
 
SB2079 EnrolledLRB102 16580 RLC 21977 b

    AN ACT concerning government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Voices of Immigrant Communities Empowering
Survivors (VOICES) Act is amended by changing Section 10 and
by adding Section 11 as follows:
 
    (5 ILCS 825/10)
    Sec. 10. Certifications for victims of qualifying criminal
activity.
    (a) The head of each certifying agency shall designate an
official or officials in supervisory roles, either within the
agency or, by agreement with another agency with concurrent
jurisdiction over the geographic area or subject matter
covered by that agency, within that other agency. Designated
officials may not be members of a collective bargaining unit
represented by a labor organization, unless the official is an
attorney or is employed in an agency in which all supervisory
officials are members of a collective bargaining unit.
Certifying officials shall:
        (1) respond to requests for completion of
    certification forms received by the agency, 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.
    (b) Any person seeking completion of a certification form
shall first submit a request for completion of the
certification form to the certifying official for any
certifying agency that detected, investigated, or prosecuted
the criminal activity upon which the request is based.
    (c) A request for completion of a certification form under
this Section may be submitted by a representative of the
person seeking the certification form, including, but not
limited to, an attorney, accredited representative, or
domestic violence or sexual assault services provider.
    (d) Upon receiving a request for completion of a
certification form, a certifying official shall complete the
certification form for any victim of qualifying criminal
activity. If the certifying official cannot determine that the
applicant is a victim of qualifying criminal activity, the
certifying official may provide written notice to the person
or the person's representative explaining why the available
evidence does not support a finding that the person is a victim
of qualifying criminal activity. The certifying official shall
complete the certification form and provide it to the person
within 90 business days of receiving the request, except:
        (1) if the person making the request for completion of
    the certification form is in federal immigration removal
    proceedings or detained, the certifying official shall
    complete and provide the certification form to the person
    no later than 21 business days after the request is
    received by the certifying agency;
        (2) if the children, parents, or siblings of the
    person making the request for completion of the
    certification form would become ineligible for benefits
    under Sections 1184(p) and 1184(o) of Title 8 of the
    United States Code by virtue of the person's children
    having reached the age of 21 years, the person having
    reached the age of 21 years, or the person's sibling
    having reached the age of 18 years within 90 business days
    from the date that the certifying official receives the
    certification request, the certifying official shall
    complete and provide the certification form to the person
    no later than 21 business days after the request is
    received by the certifying agency;
        (3) if the person's children, parents, or siblings
    under paragraph (2) of this subsection (d) would become
    ineligible for benefits under Sections 1184(p) and 1184(o)
    of Title 8 of the United States Code in less than 21
    business days of receipt of the certification request, the
    certifying official shall complete and provide a
    certification form to the person within 5 business days;
    or
        (4) a certifying official may extend the time period
    by which it must complete and provide the certification
    form to the person as required under this subsection (d)
    only upon written agreement with the person or person's
    representative.
    Requests for expedited completion of a certification form
under paragraphs (1), (2), and (3) of this subsection (d)
shall be affirmatively raised by the person or that person's
representative in writing to the certifying agency and shall
establish that the person is eligible for expedited review.
    (e) A certifying official who issued an initial
certification form shall complete and reissue a certification
form within 90 business days of receiving a request from a
victim 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 21
business days after the request is received by the certifying
official. Requests for expedited recertification shall be
affirmatively raised by the victim or victim's representative
in writing and shall establish that the victim is eligible for
expedited review. A certifying official may extend the
deadline by which he or she will complete and reissue the
certification form only upon written agreement with the victim
or victim's representative.
    (f) 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
official 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 federal 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. No provision
in this Act limits the manner in which a certifying officer or
certifying agency may describe whether the person has
cooperated or been helpful to the agency or provide any
additional information the certifying officer or certifying
agency believes might be relevant to a federal immigration
officer's adjudication of a U or T visa application. 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, the certifying
official may notify United States Citizenship and Immigration
Services in writing.
    (g) A certifying official or agency receiving requests for
completion of certification forms shall not disclose the
immigration status of a victim or person requesting the
certification form, except to comply with federal law or State
law, legal process, or if authorized, by the victim or person
requesting the certification form.
(Source: P.A. 100-1115, eff. 1-1-19.)
 
    (5 ILCS 825/11 new)
    Sec. 11. Denials.
    (a) If the certifying official does not determine that the
requester is a victim of a qualifying criminal activity, the
certifying official shall provide written notice to the person
or the person's representative explaining why the available
evidence does not support a finding that the person is a victim
of qualifying criminal activity. The certifying official shall
submit the notice to the address provided in the request and
shall provide contact information should the requester desire
to appeal the decision. The certifying agency or certifying
official shall accept all appeals and must respond to the
appeals within 30 business days.
    (b) Notwithstanding subsection (a), no requester is
required to file an administrative appeal or otherwise exhaust
administrative remedies with a certifying official or agency
under subsection (a) before filing a mandamus action or
seeking other equitable relief in circuit court for a
completed certification form required under Section 10.

Effective Date: 1/1/2022