Bill Text: IL SB0034 | 2017-2018 | 100th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Administrative Procedure Act. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 49-1)

Status: (Passed) 2018-11-29 - Public Act . . . . . . . . . 100-1115 [SB0034 Detail]

Download: Illinois-2017-SB0034-Enrolled.html

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AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Voices
of Immigrant Communities Empowering Survivors (VOICES) Act.
Section 5. Definitions. In this Act:
"Certification form" means a 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 Services 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 Services 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 investigation or prosecution of a
qualifying crime or criminal activity, including an agency that
has criminal investigative jurisdiction in its respective

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areas of expertise, but not including any State court.
"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, any implementing federal
regulations, supplementary information, guidance, and
instructions.
"Victim of qualifying criminal activity" means a person
described in Section 1101(a)(15)(U)(i)(I) of Title 8 of the
United States Code, in the definition of "victim of a severe
form of trafficking" in Section 7102(14) of Title 22 of the
United States Code, or in any implementing federal regulations,
supplementary information, guidance, and instructions.
Section 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:

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(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

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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

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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.

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(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

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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.
Section 15. Immunity. A certifying agency or certifying
official acting or failing to act in good faith in compliance
with this Act shall have immunity from civil or criminal
liability that might otherwise occur as a result of so acting
or failing to act, with the exception of willful or wanton
misconduct. Any action brought to seek enforcement of this Act
shall be ineligible to seek attorney's fees and costs, unless
the action demonstrates willful or wanton misconduct by a
certifying agency or certifying official.