BILL NUMBER: AB 1993	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ma

                        FEBRUARY 23, 2012

   An act to amend Section 834b of the Penal Code, relating to
arrests.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1993, as introduced, Ma. Arrests: immigration status.
   Existing law generally governs the conditions of arrest for a
criminal offense. Under existing law, when a law enforcement agency
arrests an individual who it suspects is in the United States in
violation of federal immigration laws, the agency is required to
attempt to verify the person's legal status, notify that person if he
or she is in the United States without legal status and that he or
she is required to obtain legal status or leave the country, and
notify the Attorney General of California and United States
Immigration and Customs Enforcement of the person's apparent illegal
status.
   This bill would make technical, nonsubstantive changes to this
provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 834b of the Penal Code is amended to read:
   834b.  (a) Every law enforcement agency in California shall fully
cooperate with  the  United States 
Immigration and Naturalization Service   Immigration and
Customs Enforcement  regarding any person who is arrested if he
or she is suspected of being present in the United States in
violation of federal immigration laws.
   (b) With respect to any  such  person who is
arrested, and suspected of being present in the United States in
violation of federal immigration laws, every law enforcement agency
shall do the following:
   (1) Attempt to verify the legal status of  such 
 the  person as a citizen of the United States, an alien
lawfully admitted as a permanent resident, an alien lawfully admitted
for a temporary period of time or as an alien who is present in the
United States in violation of immigration laws. The verification
process may include, but shall not be limited to, questioning the
person regarding his or her date and place of birth, and entry into
the United States, and demanding documentation to indicate his or her
legal status.
   (2) Notify the person of his or her apparent status as an alien
who is present in the United States in violation of federal
immigration laws and inform him or her that, apart from any criminal
justice proceedings, he or she must either obtain legal status or
leave the United States.
   (3) Notify the Attorney General of California and  the
 United States  Immigration and Naturalization
Service   Immigration and Customs Enforcement  of
the  person's  apparent illegal status and provide any
additional information that may be requested by any other public
entity.
   (c) Any legislative, administrative, or other action by a city,
county, or other legally authorized local governmental entity with
jurisdictional boundaries, or by a law enforcement agency, to prevent
or limit the cooperation required by subdivision (a) is expressly
prohibited.