Home California Assembly Public Safety Committee Kills Bill to Repeal Sanctuary State Law

Assembly Public Safety Committee Kills Bill to Repeal Sanctuary State Law

Press Release

by ECT

SACRAMENTO, CA – Today the Assembly Public Safety Committee voted down Assembly Bill 1708 by Assemblyman Kevin Kiley (R-Rocklin) to repeal the Sanctuary State law in California that took away the ability of local law enforcement to notify federal authorities about the release of an undocumented immigrant from jail.

The bill died 5-2 on a party line vote.

“The recent mass murder at a church just miles from the Capitol may not have happened if it weren’t for the Sanctuary State, yet today the Legislature chose to keep the disastrous law in place,” Assemblyman Kiley said. “If this unspeakable crime isn’t a wake-up call to our politicians, I don’t know what will be.”

On February 28, 2022, a man who was in the country illegally shot and killed his three daughters and their chaperone at a Sacramento church. Just days before, the gunman had been arrested on charges of resisting arrest, assaulting a police officer, and driving under the influence. The federal Immigration and Customs Enforcement Agency (ICE) asked to be notified about his release from jail, but this never occurred due to prohibitions under California’s Sanctuary State law.

Assemblyman Kevin Kiley represents the 6th Assembly District, which includes the Sacramento, Placer, and El Dorado County communities of Cameron Park, El Dorado Hills, Fair Oaks, Folsom, Granite Bay, Lincoln, Loomis, Orangevale, Penryn, Rocklin, Roseville, and Sheridan.

 


LEGISLATIVE COUNSEL’S DIGEST

 

AB 1708, as amended, Kiley. Income tax deductions: net operating losses. Law enforcement: sharing data.
Existing law prohibits state and local law enforcement agencies, including school police and security departments, from using money or personnel to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes, as specified, and subject to exceptions, proscribe other activities or conduct in connection with immigration enforcement by law enforcement agencies. Existing law prohibits a law enforcement official from cooperating with immigration authorities where individuals were arrested, detained, or convicted of misdemeanors that were previously felonies or were previously crimes punishable as either misdemeanors or felonies, as specified. Existing law prohibits the Department of Corrections and Rehabilitation from taking into account an individual’s citizenship or immigration status in regards to access to educational or rehabilitative programming or credit-earning opportunities or to determining an individual’s custodial classification level.
This bill would remove these restrictions on state and local law enforcement agencies.
Existing law requires the Department of Corrections and Rehabilitation to provide an individual in department custody with specified information in advance of the individual’s interview with the United States Immigration and Customs Enforcement regarding civil immigration violations. Existing law requires the Attorney General, in consultation with appropriate stakeholders, to publish model policies limiting assistance with immigration enforcement, as specified, and to publish guidance, audit criteria, and training recommendations aimed at ensuring that state and local law enforcement databases are governed that limits the availability of information to anyone for the purpose of immigration enforcement.
This bill would eliminate these requirements from the Department of Corrections and Rehabilitation and the Attorney General.
Existing law authorizes a law enforcement official to use discretion when cooperating with immigration authorities as permitted by law. Existing law authorizes law enforcement officials to provide information regarding an individual’s release date and to transfer an individual to immigration authorities under specified circumstances, including when the individual has been convicted within the last 15 years of a felony, as specified. Existing law authorizes a law enforcement official to use discretion when cooperating with immigration officials when an individual has been arrested and charged with a felony, as specified, and a magistrate makes a finding of probable cause as to that charge, as specified.
This bill would require a law enforcement official to cooperate with federal immigration officials and detain an individual, after the individual becomes eligible for release, on the basis of an immigration hold for specified reasons, including when the individual has been convicted at any time of a felony, as specified, or the individual has been arrested and charged with a felony, as specified, and a magistrate makes a finding of probable cause as to the charge.
By imposing additional duties on local law enforcement agencies, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The Personal Income Tax Law and Corporation Tax Law, in modified conformity with federal income tax laws, generally allow various deductions in computing the income that is subject to taxes imposed by those laws, including a deduction for a net operating loss, as specified. Existing law suspends the deduction for a net operating loss, as specified, for taxable years beginning on or after January 1, 2020, and before January 1, 2023. Existing law extends the carryover period for a net operating loss that the suspension denies a deduction by a certain number of years depending on the taxable year in which the losses were incurred, including a one-year extension for losses incurred in taxable years beginning on or after January 1, 2021, and before January 1, 2022.

This bill would reinstate the net operating loss deduction for taxable years beginning on or after January 1, 2021, and would continue to allow the additional one-year carryover period for a net operating loss incurred in taxable years beginning on or after January 1, 2021, and before January 1, 2022.

Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements.

The bill would also state the intent of the Legislature to comply with the additional information requirement for any bill authorizing a new income tax expenditure.

This bill would take effect immediately as a tax levy.


Assemblyman Kevin Kiley Introduces Bill to Repeal Sanctuary State Law

Press Release

 

SACRAMENTO, CA – Assemblyman Kevin Kiley (R-Rocklin) announced he has introduced Assembly Bill 1708 to repeal the Sanctuary State law in California that took away the ability of local law enforcement to notify federal authorities about the release of an undocumented immigrant from jail.

“A few weeks ago our community experienced an unspeakable tragedy that could have been avoided if not for harmful policies passed by the California Legislature,” said Assemblyman Kiley. “My prayers are with the family of the victims, this should never have been allowed to happen. We must repeal the Sanctuary State law immediately to prevent avoidable tragedies like this in the future.”

In 2017, the Legislature passed and Governor Jerry Brown signed SB 54 (De León). This bill prohibited, with limited exceptions, local law enforcement from sharing information regarding the release of undocumented immigrants from jail. In opposition to the bill, the California State Sheriff’s Association wrote:

“Our overarching concern remains that limiting local law enforcement’s ability to communicate and cooperate with federal law enforcement officers endangers public safety…SB 54 would preclude staff in our jails from notifying ICE, at their request, of the pending release of certain wanted, undocumented criminals – including, but not limited to, repeat drunk drivers, misdemeanor hit and run drivers, those who assault peace officers, serial thieves, animal abusers, chronic abusers of dangerous drugs such as methamphetamine and heroin, and known criminal gang members arrested for most misdemeanor crimes.”

On February 28, 2022, a man who was in the country illegally shot and killed his three daughters and their chaperone at a Sacramento church. Just days before, the gunman had been arrested on charges of resisting arrest, assaulting a police officer, and driving under the influence. The federal Immigration and Customs Enforcement Agency (ICE) asked to be notified about his release from jail, but this never occurred due to prohibitions under California’s Sanctuary State law.

 

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