SB0034 EngrossedEnrolled LRB100 04993 RJF 15003 b AN ACT concerning government.
"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 SB0034 EngrossedEnrolled - 2 - LRB100 04993 RJF 15003 b areas of expertise, including the Department of Labor, the Department of Children and Family Services, the Department of Human Services, and the Illinois Workers' Compensation Commission, but not including any State court.
Designated officials may not be members of a collective bargaining unit represented by a labor organization, unless the official is an attorney or SB0034 Engrossed - 3 - LRB100 04993 RJF 15003 b is employed in an agency in which all supervisory officials are members of a collective bargaining unit.
SB0034 Enrolled - 3 - LRB100 04993 RJF 15003 b (1) respond to requests for completion of certification forms received by the agency, as required by this Section;
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 SB0034 Engrossed - 4 - LRB100 04993 RJF 15003 b 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 SB0034 Enrolled - 4 - LRB100 04993 RJF 15003 b within 90 business days of receiving the request, except:
(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) SB0034 Engrossed - 5 - LRB100 04993 RJF 15003 b 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 SB0034 Enrolled - 5 - LRB100 04993 RJF 15003 b certification form to the person within 5 business days;
A certifying official may extend the deadline SB0034 Engrossed - 6 - LRB100 04993 RJF 15003 b by which he or she will complete and reissue the certification form only upon written agreement with the victim or victim's representative.
SB0034 Enrolled - 6 - LRB100 04993 RJF 15003 b (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.
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SB0034If, Engrossedafter -completion 7of -a LRB100certification 04993form, RJFthe 15003certifying bofficial (g)later Adetermines certifyingthe officialperson orwas agencynot receivingthe requestsvictim forof completionqualifying ofcriminal certificationactivity formsor shallthe notvictim discloseunreasonably therefuses immigrationto statusassist ofin athe victiminvestigation or personprosecution requestingof the certificationqualifying form,criminal exceptSB0034 toEnrolled comply- with7 federal- lawLRB100 or04993 StateRJF law,15003 legalb process,activity of which he or ifshe authorized,is bya victim, the victimcertifying orofficial personmay requestingnotify theUnited certificationStates form.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.