California 2017-2018 Regular Session Status: Enacted 2 D cosponsors

SB 54 — Law enforcement: sharing data.

Last action — Chaptered by Secretary of State. Chapter 495, Statutes of 2017.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 05, 2016. Enacted.

Prognosis

Likely to advance 66% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 13 sponsors

    1 primary, 12 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

  • Mixed recorded votes

    8 passed, 1 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law provides that when there is reason to believe that a person arrested for a violation of specified controlled substance provisions may not be a citizen of the United States, the arresting agency shall notify the appropriate agency of the United States having charge of deportation matters. This bill would repeal those provisions. Existing law provides that whenever an individual who is a victim of or witness to a hate crime, or who otherwise can give evidence in a hate crime investigation, is not charged with or convicted of committing any crime under state law, a peace officer may not detain the individual exclusively for any actual or suspected immigration violation or report or turn the individual over to federal immigration authorities. This bill would, among other things and subject to exceptions, prohibit 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 would, subject to exceptions, proscribe other activities or conduct in connection with immigration enforcement by law enforcement agencies. The bill would apply those provisions to the circumstances in which a law enforcement official has discretion to cooperate with immigration authorities. The bill would require, by October 1, 2018, the Attorney General, in consultation with the appropriate stakeholders, to publish model policies limiting assistance with immigration enforcement to the fullest extent possible for use by public schools, public libraries, health facilities operated by the state or a political subdivision of the state, and courthouses, among others. The bill would require, among others, all public schools, health facilities operated by the state or a political subdivision of the state, and courthouses to implement the model policy, or an equivalent policy. The bill would state that, among others, all other organizations and entities that provide services related to physical or mental health and wellness, education, or access to justice, including the University of California, are encouraged to adopt the model policy. The bill would require that a law enforcement agency that chooses to participate in a joint law enforcement task force, as defined, submit a report annually pertaining to task force operations to the Department of Justice, as specified. The bill would require the Attorney General, by March 1, 2019, and annually thereafter, to report on the types and frequency of joint law enforcement task forces, and other information, as specified, and to post those reports on the Attorney General's Internet Web site. The bill would require law enforcement agencies to report to the department annually regarding transfers of persons to immigration authorities. The bill would require the Attorney General to publish guidance, audit criteria, and training recommendations regarding state and local law enforcement databases, for purposes of limiting the availability of information for immigration enforcement, as specified. The bill would require the Department of Corrections and Rehabilitation to provide a specified written consent form in advance of any interview between a person in department custody and the United States Immigration and Customs Enforcement regarding civil immigration violations. This bill would state findings and declarations of the Legislature relating to these provisions. By imposing additional duties on public schools and 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.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 495, Statutes of 2017.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3 p.m.

  4. Assembly amendments concurred in. (Ayes 27. Noes 11. Page 3017.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 51. Noes 26. Page 3473.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Withdrawn from committee.

  9. Assembly Rule 96 and 63 suspended. (Ayes 54. Noes 25. Page 3458.)

  10. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  11. Re-referred to Com. on RLS. pursuant to Assembly Rule 97.

  12. Read second time. Ordered to third reading.

  13. From committee: Do pass. (Ayes 11. Noes 5.) (September 1).

  14. August 23 set for first hearing. Placed on APPR. suspense file.

  15. Read second time and amended. Re-referred to Com. on APPR.

  16. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 3.) (July 5).

  17. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  18. From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 2.) (June 13). Re-referred to Com. on JUD.

  19. Referred to Coms. on PUB. S. and JUD.

  20. In Assembly. Read first time. Held at Desk.

  21. Read third time. Passed. (Ayes 27. Noes 12. Page 575.) Ordered to the Assembly.

  22. Published March 30 at 4 a.m.

  23. Read second time. Ordered to third reading.

  24. Ordered to second reading.

  25. Read third time and amended.

  26. Read second time. Ordered to third reading.

  27. From committee: Do pass. (Ayes 5. Noes 2. Page 349.) (March 13).

  28. (Ayes 2. Noes 5. Page 348.) (March 13)

  29. Motion to place on APPR. suspense file failed.

  30. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  31. Set for hearing March 13.

  32. March 6 hearing postponed by committee.

  33. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  34. Set for hearing March 6.

  35. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 130.) (January 31). Re-referred to Com. on APPR.

  36. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  37. Set for hearing January 31.

  38. Referred to Com. on PUB. S.

  39. From printer. May be acted upon on or after January 5.

  40. (Corrected December 6).

  41. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • De León · Primary
  • Atkins · Cosponsor
  • Beall · Cosponsor
  • Bonta · Cosponsor
  • Chiu · Cosponsor
  • Cooper · Cosponsor
  • Gomez · Cosponsor
  • Levine · Cosponsor
  • Pan · Cosponsor
  • Eloise Gómez Reyes · Cosponsor
  • Santiago · Cosponsor
  • Skinner · Cosponsor
  • Scott D. Wiener · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 12 co-sponsors · 109 not signed on · 11 voted No

Sponsors (1)

  • De León

Co-sponsors (12)

Not signed on (109)

109 members have not signed on to this bill.

Show all 109 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 27 Yea · 11 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 231002
Democratic 4100
Total 271102
% of votes cast 68%28%0%5%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bradford — Yea
Hernandez — Yea
Hill — Yea
Hueso — Yea
Lara — Yea
Leyva — Yea
Monning — Yea
Nielsen — Nay
Roth — Yea
Wieckowski — Yea
Wilk — Nay
Fuller — Nay
Glazer — Yea
Hertzberg — Yea
Allen — Yea
Pan — Yea
De León — Yea
Cannella — Nay
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Galgiani — Yea
Dodd — Yea
Bates — Nay
Beall — Yea
Mendoza — Yea
Moorlach — Nay
Morrell — Nay
Newman — Yea
Skinner — Yea
Vidak — Nay
Beth Gaines — Not Voting
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Passed 51 Yea · 26 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 372001
Democratic 14001
Republican 0600
Total 512602
% of votes cast 65%33%0%3%
How each member voted (79)
Member Party Vote
Acosta — Nay
Bigelow — Nay
Bloom — Yea
Brough — Nay
Jones-Sawyer — Yea
Levine — Yea
Low — Yea
Mathis — Nay
Nazarian — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Steinorth — Nay
Waldron — Nay
Eggman — Yea
Cooper — Yea
Dababneh — Yea
Daly — Yea
Frazier — Nay
Friedman — Yea
Gloria — Yea
Burke — Yea
Holden — Yea
Rubio — Yea
Salas — Yea
Bocanegra — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
McCarty — Yea
Medina — Yea
Mullin — Yea
O'Donnell — Yea
Quirk — Yea
Santiago — Yea
Thurmond — Yea
Weber — Yea
Wood — Yea
Gonzalez Fletcher — Yea
Fong — Nay
Chávez — Not Voting
Gray — Nay
Harper — Nay
Kiley — Nay
Cooley — Yea
Baker — Nay
Cunningham — Nay
Maienschein — Nay
Mayes — Nay
Melendez — Nay
Obernolte — Nay
Rendon — Yea
Ting — Yea
Voepel — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Not Voting
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass.

Passed 11 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8401
Democratic 3000
Republican 0100
Total 11501
% of votes cast 65%29%0%6%
How each member voted (17)
Member Party Vote
Bloom — Yea
Brough — Nay
Obernolte — Nay
Eggman — Yea
Friedman — Yea
Jones-Sawyer — Yea
Bigelow — Nay
Gonzalez Fletcher — Yea
Bocanegra — Yea
Fong — Nay
Gray — Not Voting
Chau — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Nay

Official roll call →

Passed 8 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6200
Democratic 2000
Republican 0100
Total 8300
% of votes cast 73%27%0%0%
How each member voted (11)
Member Party Vote
Kiley — Nay
Chau — Yea
Chiu — Yea
Holden — Yea
Ting — Yea
Maienschein — Nay
Cristina Garcia — Yea
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Nay

Official roll call →

Passed 27 Yea · 12 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 231101
Democratic 4100
Total 271201
% of votes cast 68%30%0%3%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bradford — Yea
Hill — Yea
Monning — Yea
Pan — Yea
Galgiani — Yea
Dodd — Yea
Glazer — Yea
Allen — Yea
De León — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Hernandez — Yea
Beall — Yea
Hertzberg — Yea
Hueso — Yea
Lara — Yea
Leyva — Yea
Mendoza — Yea
Newman — Yea
Roth — Yea
Skinner — Yea
Wieckowski — Yea
Cannella — Nay
Fuller — Nay
Bates — Nay
Moorlach — Nay
Morrell — Nay
Nielsen — Nay
Vidak — Nay
Wilk — Nay
Beth Gaines — Nay
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Bates — Nay
Bradford — Yea
Hill — Yea
Nielsen — Nay
Lara — Yea
Beall — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Placed on suspense file

Failed 2 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 2400
Democratic 0100
Total 2500
% of votes cast 29%71%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Bradford — Nay
Lara — Nay
Nielsen — Yea
Beall — Nay
Hill — Nay
Wiener, Scott D. Democratic Nay

Official roll call →

Subjects

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Frequently asked questions

What does SB 54 do?
Existing law provides that when there is reason to believe that a person arrested for a violation of specified controlled substance provisions may not be a citizen of the United States, the arresting agency shall notify the appropriate agency of the United States having charge of deportation matters. This bill would repeal those provisions. Existing law provides that whenever an individual who is a victim of or witness to a hate crime, or who otherwise can give evidence in a hate crime investigation, is not charged with or convicted of committing any crime under state law, a peace officer may not detain the individual exclusively for any actual or suspected immigration violation or report or turn the individual over to federal immigration authorities. This bill would, among other things and subject to exceptions, prohibit 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 would, subject to exceptions, proscribe other activities or conduct in connection with immigration enforcement by law enforcement agencies. The bill would apply those provisions to the circumstances in which a law enforcement official has discretion to cooperate with immigration authorities. The bill would require, by October 1, 2018, the Attorney General, in consultation with the appropriate stakeholders, to publish model policies limiting assistance with immigration enforcement to the fullest extent possible for use by public schools, public libraries, health facilities operated by the state or a political subdivision of the state, and courthouses, among others. The bill would require, among others, all public schools, health facilities operated by the state or a political subdivision of the state, and courthouses to implement the model policy, or an equivalent policy. The bill would state that, among others, all other organizations and entities that provide services related to physical or mental health and wellness, education, or access to justice, including the University of California, are encouraged to adopt the model policy. The bill would require that a law enforcement agency that chooses to participate in a joint law enforcement task force, as defined, submit a report annually pertaining to task force operations to the Department of Justice, as specified. The bill would require the Attorney General, by March 1, 2019, and annually thereafter, to report on the types and frequency of joint law enforcement task forces, and other information, as specified, and to post those reports on the Attorney General's Internet Web site. The bill would require law enforcement agencies to report to the department annually regarding transfers of persons to immigration authorities. The bill would require the Attorney General to publish guidance, audit criteria, and training recommendations regarding state and local law enforcement databases, for purposes of limiting the availability of information for immigration enforcement, as specified. The bill would require the Department of Corrections and Rehabilitation to provide a specified written consent form in advance of any interview between a person in department custody and the United States Immigration and Customs Enforcement regarding civil immigration violations. This bill would state findings and declarations of the Legislature relating to these provisions. By imposing additional duties on public schools and 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.
Who sponsors SB 54?
SB 54 is sponsored by De León, Atkins, Beall, Bonta, Chiu, Cooper, Gomez, Levine, Pan, Reyes, Eloise Gómez (Democratic), Santiago, Skinner, and Wiener, Scott D. (Democratic).
What is the current status of SB 54?
This bill has been enacted into law. Introduced December 05, 2016. Enacted.
Where can I track SB 54?
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