Bill Text: AZ SB1538 | 2020 | Fifty-fourth Legislature 2nd Regular | Introduced
Bill Title: Immigration certification form; crime victims
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-02-05 - Senate read second time [SB1538 Detail]
Download: Arizona-2020-SB1538-Introduced.html
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REFERENCE TITLE: immigration certification form; crime victims |
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State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020
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SB 1538 |
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Introduced by Senator Quezada: Representative Andrade
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AN ACT
amending title 13, chapter 40, Arizona Revised Statutes, by adding section 13‑4444; relating to victims' rights.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 40, Arizona Revised Statutes, is amended by adding section 13-4444, to read:
13-4444. Immigration certifications for crime victims; requirements; annual report; definitions
A. On the request of the victim or victim's family member, a certifying official from a certifying entity shall certify victim helpfulness on the Form I-918 Supplement B certification when the victim is a victim of qualifying criminal activity and has been helpful, is being helpful or is likely to be helpful to the detection, investigation or prosecution of that qualifying criminal activity.
B. For the purposes of determining helpfulness pursuant to subSECTION a OF THIS SECTION, there is a rebuttable presumption that a victim is helpful, has been helpful or is likely to be helpful to the detection, investigation or prosecution of that qualifying criminal activity if the victim has not refused or failed to provide information and assistance when reasonably requested by law enforcement.
C. The certifying official shall fully complete and sign the Form I-918 Supplement B certification and, regarding victim helpfulness, shall include specific details about the nature of the crime investigated or prosecuted and a detailed description of the victim's helpfulness or likely helpfulness to the detection, investigation or prosecution of the qualifying criminal activity.
D. A certifying entity shall process a form I-918 Supplement B certification within NINETY days AFTER receiving THE request, unless the person requesting the form is not a citizen and is in removal proceedings, in which case the certification shall be processed within FOURTEEN days AFTER receiving THE request.
E. A current investigation, the filing of charges and a prosecution or conviction are not required for the victim to request and obtain the Form I-918 Supplement B certification from a certifying official.
F. A certifying official may withdraw the certification only if the victim refuses to provide information and assistance when reasonably requested.
G. A certifying entity is prohibited from disclosing the immigration status of a victim or person requesting the Form I-918 Supplement B certification, except to comply with federal law or legal process or if authorized by the victim or person requesting the Form I-918 Supplement B certification.
H. On or before January 1, 2021 and annually thereafter, a certifying entity that receives a request for a Form I-918 Supplement B certification shall report to the Legislature the number of victims that requested Form I-918 supplement B certifications from the entity, the number of those certification forms that were signed and the number that were denied.
I. For the purposes of this section:
1. "certifying entity" means any of the following:
(a) A state or local law enforcement agency.
(b) A prosecutor.
(c) A judge.
(d) Any other authority that has responsibility for the detection, investigation or prosecution of a qualifying crime or qualifying criminal activity.
(e) Agencies that have criminal detection or investigative jurisdiction in their respective areas of expertise, including the department of child safety and the industrial commission of Arizona.
2. "certifying official" means any of the following:
(a) The head of the certifying entity.
(b) A person in a supervisory role who has been specifically designated by the head of the certifying entity to issue Form I-918 Supplement B certifications on behalf of that agency.
(c) A judge.
(d) Any other certifying official as defined in 8 Code of Federal Regulations Section 214.14(a)(3).
3. "Qualifying crime" includes criminal offenses for which the nature and elements of the offenses are substantially similar to the criminal activity listed in paragraph 4 of this subsection and the attempt, conspiracy or solicitation to commit any of those offenses.
4. "Qualifying criminal activity" means qualifying criminal activity prescribed in the Immigration and Nationality Act (8 United States Code section 1101(a)(15)(U)(iii)), including:
(a) Rape.
(b) Torture.
(c) Human trafficking.
(d) Incest.
(e) Domestic violence.
(f) Sexual assault.
(g) Abusive sexual conduct.
(h) Prostitution.
(i) Sexual exploitation.
(j) Female genital mutilation.
(k) Being held hostage.
(l) Peonage.
(m) Perjury.
(n) Involuntary servitude.
(o) Slavery.
(p) Kidnaping.
(q) Abduction.
(r) Unlawful criminal restraint.
(s) False imprisonment.
(t) Blackmail.
(u) Extortion.
(v) Manslaughter.
(w) Murder.
(x) Felonious assault.
(y) Witness tampering.
(z) Obstruction of justice.
(aa) Fraud in foreign labor contracting.
(bb) Stalking.
