Sen. John J. Cullerton
Filed: 4/20/2018
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1 | AMENDMENT TO SENATE BILL 34
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2 | AMENDMENT NO. ______. Amend Senate Bill 34 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Voices of Immigrant Communities Empowering Survivors (VOICES) | ||||||
6 | Act. | ||||||
7 | Section 5. Definitions. In this Act: | ||||||
8 | "Certification form" means a law enforcement certification | ||||||
9 | form or statement required by federal immigration law | ||||||
10 | certifying that a person is a victim of qualifying criminal | ||||||
11 | activity including, but not limited to, the information | ||||||
12 | required by Section 1184(p) of Title 8 of the United States | ||||||
13 | Code, including current United States Citizenship and | ||||||
14 | Immigration Services Form I-918, Supplement B, or any successor | ||||||
15 | form for purposes of obtaining a U visa or by Section 1184(o) | ||||||
16 | of Title 8 of the United States Code, including current United |
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1 | States Citizenship and Immigration Services Form I-914, | ||||||
2 | Supplement B, or any successor form for purposes of obtaining a | ||||||
3 | T visa. | ||||||
4 | "Certifying agency" means a State or local law enforcement | ||||||
5 | agency, prosecutor, or other public authority that has | ||||||
6 | responsibility for the investigation or prosecution of a | ||||||
7 | qualifying crime or criminal activity, including an agency that | ||||||
8 | has criminal investigative jurisdiction in its respective | ||||||
9 | areas of expertise, including the Department of Labor, the | ||||||
10 | Department of Children and Family Services, the Department of | ||||||
11 | Human Services, and the Illinois Workers' Compensation | ||||||
12 | Commission, but not including any State court. | ||||||
13 | "Qualifying criminal activity" means any activity, | ||||||
14 | regardless of the stage of detection, investigation, or | ||||||
15 | prosecution, designated in Section 1101(a)(15)(U)(iii) of | ||||||
16 | Title 8 of the United States Code, any implementing federal | ||||||
17 | regulations, supplementary information, guidance, and | ||||||
18 | instructions. | ||||||
19 | "Victim of qualifying criminal activity" means a person | ||||||
20 | described in Section 1101(a)(15)(U)(i)(I) of Title 8 of the | ||||||
21 | United States Code, in the definition of "victim of a severe | ||||||
22 | form of trafficking" in Section 7102(14) of Title 22 of the | ||||||
23 | United States Code, or in any implementing federal regulations, | ||||||
24 | supplementary information, guidance, and instructions. | ||||||
25 | Section 10. Certifications for victims of qualifying |
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1 | criminal activity. | ||||||
2 | (a) The head of each certifying agency shall designate an | ||||||
3 | official or officials in supervisory roles, either within the | ||||||
4 | agency or, by agreement with another agency with concurrent | ||||||
5 | jurisdiction over the geographic area or subject matter covered | ||||||
6 | by that agency, within that other agency. Designated officials | ||||||
7 | may not be members of a collective bargaining unit represented | ||||||
8 | by a labor organization, unless the official is an attorney or | ||||||
9 | is employed in an agency in which all supervisory officials are | ||||||
10 | members of a collective bargaining unit. Certifying officials | ||||||
11 | shall: | ||||||
12 | (1) respond to requests for completion of | ||||||
13 | certification forms received by the agency, as required by | ||||||
14 | this Section; and | ||||||
15 | (2) make information regarding the agency's procedures | ||||||
16 | for certification requests publicly available for victims | ||||||
17 | of qualifying criminal activity and their representatives. | ||||||
18 | (b) Any person seeking completion of a certification form | ||||||
19 | shall first submit a request for completion of the | ||||||
20 | certification form to the certifying official for any | ||||||
21 | certifying agency that detected, investigated, or prosecuted | ||||||
22 | the criminal activity upon which the request is based. | ||||||
23 | (c) A request for completion of a certification form under | ||||||
24 | this Section may be submitted by a representative of the person | ||||||
25 | seeking the certification form, including, but not limited to, | ||||||
26 | an attorney, accredited representative, or domestic violence |
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1 | or sexual assault services provider. | ||||||
2 | (d) Upon receiving a request for completion of a | ||||||
3 | certification form, a certifying official shall complete the | ||||||
4 | certification form for any victim of qualifying criminal | ||||||
5 | activity. If the certifying official cannot determine that the | ||||||
6 | applicant is a victim of qualifying criminal activity, the | ||||||
7 | certifying official may provide written notice to the person or | ||||||
8 | the person's representative explaining why the available | ||||||
9 | evidence does not support a finding that the person is a victim | ||||||
10 | of qualifying criminal activity. The certifying official shall | ||||||
11 | complete the certification form and provide it to the person | ||||||
12 | within 90 business days of receiving the request, except: | ||||||
13 | (1) if the person making the request for completion of | ||||||
14 | the certification form is in federal immigration removal | ||||||
15 | proceedings or detained, the certifying official shall | ||||||
16 | complete and provide the certification form to the person | ||||||
17 | no later than 21 business days after the request is | ||||||
18 | received by the certifying agency; | ||||||
19 | (2) if the children, parents, or siblings of the person | ||||||
20 | making the request for completion of the certification form | ||||||
21 | would become ineligible for benefits under Sections | ||||||
22 | 1184(p) and 1184(o) of Title 8 of the United States Code by | ||||||
23 | virtue of the person's children having reached the age of | ||||||
24 | 21 years, the person having reached the age of 21 years, or | ||||||
25 | the person's sibling having reached the age of 18 years | ||||||
26 | within 90 business days from the date that the certifying |
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1 | official receives the certification request, the | ||||||
2 | certifying official shall complete and provide the | ||||||
3 | certification form to the person no later than 21 business | ||||||
4 | days after the request is received by the certifying | ||||||
5 | agency; | ||||||
6 | (3) if the person's children, parents, or siblings | ||||||
7 | under paragraph (2) of this subsection (d) would become | ||||||
8 | ineligible for benefits under Sections 1184(p) and 1184(o) | ||||||
9 | of Title 8 of the United States Code in less than 21 | ||||||
10 | business days of receipt of the certification request, the | ||||||
11 | certifying official shall complete and provide a | ||||||
12 | certification form to the person within 5 business days; or | ||||||
13 | (4) a certifying official may extend the time period by | ||||||
14 | which it must complete and provide the certification form | ||||||
15 | to the person as required under this subsection (d) only | ||||||
16 | upon written agreement with the person or person's | ||||||
17 | representative. | ||||||
18 | Requests for expedited completion of a certification form | ||||||
19 | under paragraphs (1), (2), and (3) of this subsection (d) shall | ||||||
20 | be affirmatively raised by the person or that person's | ||||||
21 | representative in writing to the certifying agency and shall | ||||||
22 | establish that the person is eligible for expedited review. | ||||||
23 | (e) A certifying official who issued an initial | ||||||
24 | certification form shall complete and reissue a certification | ||||||
25 | form within 90 business days of receiving a request from a | ||||||
26 | victim to reissue. If the victim seeking recertification has a |
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1 | deadline to respond to a request for evidence from United | ||||||
2 | States Citizenship and Immigration Services, the certifying | ||||||
3 | official shall complete and issue the form no later than 21 | ||||||
4 | business days after the request is received by the certifying | ||||||
5 | official. Requests for expedited recertification shall be | ||||||
6 | affirmatively raised by the victim or victim's representative | ||||||
7 | in writing and shall establish that the victim is eligible for | ||||||
8 | expedited review. A certifying official may extend the deadline | ||||||
9 | by which he or she will complete and reissue the certification | ||||||
10 | form only upon written agreement with the victim or victim's | ||||||
11 | representative. | ||||||
12 | (f) Notwithstanding any other provision of this Section, a | ||||||
13 | certifying official's completion of a certification form shall | ||||||
14 | not be considered sufficient evidence that an applicant for a U | ||||||
15 | or T visa has met all eligibility requirements for that visa | ||||||
16 | and completion of a certification form by a certifying official | ||||||
17 | shall not be construed to guarantee that the victim will | ||||||
18 | receive federal immigration relief. It is the exclusive | ||||||
19 | responsibility of federal immigration officials to determine | ||||||
20 | whether a person is eligible for a U or T visa. Completion of a | ||||||
21 | certification form by a certifying official merely verifies | ||||||
22 | factual information relevant to the federal immigration | ||||||
23 | benefit sought, including information relevant for federal | ||||||
24 | immigration officials to determine eligibility for a U or T | ||||||
25 | visa. By completing a certification form, the certifying | ||||||
26 | official attests that the information is true and correct to |
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1 | the best of the certifying official's knowledge. If, after | ||||||
2 | completion of a certification form, the certifying official | ||||||
3 | later determines the person was not the victim of qualifying | ||||||
4 | criminal activity or the victim unreasonably refuses to assist | ||||||
5 | in the investigation or prosecution of the qualifying criminal | ||||||
6 | activity of which he or she is a victim, the certifying | ||||||
7 | official may notify United States Citizenship and Immigration | ||||||
8 | Services in writing. | ||||||
9 | (g) A certifying official or agency receiving requests for | ||||||
10 | completion of certification forms shall not disclose the | ||||||
11 | immigration status of a victim or person requesting the | ||||||
12 | certification form, except to comply with federal law or State | ||||||
13 | law, legal process, or if authorized, by the victim or person | ||||||
14 | requesting the certification form. | ||||||
15 | Section 15. Immunity. A certifying agency or certifying | ||||||
16 | official acting or failing to act in good faith in compliance | ||||||
17 | with this Act shall have immunity from civil or criminal | ||||||
18 | liability that might otherwise occur as a result of so acting | ||||||
19 | or failing to act, with the exception of willful or wanton | ||||||
20 | misconduct. Any action brought to seek enforcement of this Act | ||||||
21 | shall be ineligible to seek attorney's fees and costs, unless | ||||||
22 | the action demonstrates willful or wanton misconduct by a | ||||||
23 | certifying agency or certifying official.".
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