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SB0034 Engrossed LRB100 04993 RJF 15003 b AN ACT concerning government.
SB0034 Enrolled 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 Engrossed - 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.
"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 Enrolled - 2 - LRB100 04993 RJF 15003 b areas of expertise, 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.
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.
(1) respond to requests for completion of certification forms received by the agency, as required by this Section;
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.
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 within 90 business days of receiving the request, except:
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 certification form to the person within 5 business days;
(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 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.
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.
(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.
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.
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 activity of which he or she is a victim, the certifying official may notify United States Citizenship and Immigration Services in writing.
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.
SB0034 Engrossed - 7 - LRB100 04993 RJF 15003 b (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.
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 SB0034 Enrolled - 7 - LRB100 04993 RJF 15003 b 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.
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