California 2021-2022 Regular Session Status: In Committee

AB 1708 — Law enforcement: sharing data.

Last action — From committee: Without further action pursuant to Joint Rule 62(a).

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

This bill died with 2021-2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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.

Bill Text

Action History

  1. From committee: Without further action pursuant to Joint Rule 62(a).

  2. In committee: Set, first hearing. Failed passage.

  3. Re-referred to Coms. on PUB. S. and JUD. pursuant to Assembly Rule 96.

  4. Re-referred to Com. on REV. & TAX.

  5. From committee chair, with author's amendments: Amend, and re-refer to Com. on REV. & TAX. Read second time and amended.

  6. Referred to Com. on REV. & TAX.

  7. From printer. May be heard in committee February 26.

  8. Read first time. To print.

Sponsors

  • Kiley · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Kiley

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

Do pass and be re-referred to the Committee on [Appropriations]

Failed 2 Yea · 2 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 2000
Democratic 0202
Unaffiliated 0002
Total 2204
% of votes cast 25%25%0%50%
How each member voted (8)
Member Party Vote
Jones-Sawyer — Not Voting
Santiago — Not Voting
Bonta, Mia Democratic Nay
Bryan, Isaac G. Democratic Nay
Ortega, Liz Democratic Not Voting
Zbur, Rick Chavez Democratic Not Voting
Alanis, Juan Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Subjects

public-safety immigration civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1708 do?
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.
Who sponsors AB 1708?
AB 1708 is sponsored by Kiley.
What is the current status of AB 1708?
This bill died with 2021-2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1708?
Track AB 1708 free on One Click Politics — get push/email alerts when it moves.

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