California 2015-2016 Regular Session Status: Enacted 1 D cosponsors

AB 2792 — Local law enforcement agencies: federal immigration policy enforcement: ICE access.

Last action — Chaptered by Secretary of State - Chapter 768, Statutes of 2016.

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

This bill has been enacted into law. Introduced February 19, 2016. Enacted.

Prognosis

Likely to advance 78% · 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.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 8 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 federal law authorizes issuance of an immigration detainer that serves to advise another law enforcement agency that the federal department seeks custody of an alien presently in the custody of that agency, for the purpose of arresting and removing the alien. Existing federal law provides that the detainer is a request that the agency advise the department, prior to release of the alien, in order for the department to arrange to assume custody in situations when gaining immediate physical custody is either impracticable or impossible. Existing law, commonly known as the TRUST Act, prohibits a law enforcement official, as defined, from detaining an individual on the basis of a United States Immigration and Customs Enforcement hold after that individual becomes eligible for release from custody, unless, at the time that the individual becomes eligible for release from custody, certain conditions are met, including, among other things, that the individual has been convicted of specified crimes. Existing law defines specified terms for purposes of these provisions. This bill, the Transparent Review of Unjust Transfers and Holds (TRUTH) Act, would require a local law enforcement agency, prior to an interview between the United States Immigration and Customs Enforcement (ICE) and an individual in custody regarding civil immigration violations, to provide the individual a written consent form, as specified, that would explain, among other things, the purpose of the interview, that it is voluntary, and that the individual may decline to be interviewed. The bill would require the consent form to be available in specified languages. The bill would require a local law enforcement agency to provide copies of specified documentation received from ICE to the individual and to notify the individual regarding the intent of the agency to comply with ICE requests. The bill would require that the records related to ICE access be public records for purposes of the California Public Records Act. The bill, commencing January 1, 2018, would require the local governing body of any county, city, or city and county in which a local law enforcement agency has provided ICE access to an individual during the last year, to hold at least one public community forum during the following year, as specified, to provide information to the public about ICE's access to individuals and to receive and consider public comment. By requiring these local agencies to comply with these requirements, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 768, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 46. Noes 29. Page 6491.).

  5. Assembly Rule 63 suspended. (Page 6474.)

  6. In Assembly. Concurrence in Senate amendments pending.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 10. Page 5418.).

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Read second time and amended. Ordered to third reading.

  11. From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 11).

  12. Referred to APPR. suspense file.

  13. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  14. In committee: Set, first hearing. Hearing canceled at the request of author.

  15. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 28). Re-referred to Com. on APPR.

  16. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  17. Referred to Com. on PUB. S.

  18. In Senate. Read first time. To Com. on RLS. for assignment.

  19. Read third time. Passed. Ordered to the Senate. (Ayes 44. Noes 29. Page 4890.)

  20. Read second time. Ordered to third reading.

  21. From committee: Do pass. (Ayes 13. Noes 5.) (April 27).

  22. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 12). Re-referred to Com. on APPR.

  23. Re-referred to Com. on PUB. S.

  24. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  25. Re-referred to Com. on PUB. S.

  26. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  27. Referred to Com. on PUB. S.

  28. Read first time.

  29. From printer. May be heard in committee March 22.

  30. Introduced. To print.

Sponsors

  • Alejo · Cosponsor
  • Lopez · Cosponsor
  • Leno · Cosponsor
  • Mia Bonta · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 3 co-sponsors · 118 not signed on · 11 voted No

Sponsors (1)

Co-sponsors (3)

  • Alejo
  • Lopez
  • Leno

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"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

AB 2792 BONTA Concurrence in Senate Amendments

Passed 46 Yea · 29 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 422305
Democratic 4100
Republican 0500
Total 462905
% of votes cast 58%36%0%6%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Bigelow — Nay
Brough — Nay
Brown — Yea
Kim — Nay
Low — Yea
Maienschein — Nay
Mathis — Nay
Quirk — Yea
Rodriguez — Yea
Thurmond — Yea
Weber — Yea
Eggman — Yea
Daly — Not Voting
Gatto — Nay
Gomez — Yea
Burke — Yea
Campos — Yea
Chau — Yea
Salas — Yea
Bonilla — Yea
Gordon — Yea
Lopez — Yea
Holden — Yea
Jones-Sawyer — Yea
Levine — Yea
McCarty — Yea
Atkins — Yea
Medina — Yea
Alejo — Yea
Bloom — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Olsen — Nay
Rendon — Yea
Ridley-Thomas — Yea
Santiago — Yea
Ting — Yea
Williams — Yea
Wood — Yea
Chang — Nay
Gray — Not Voting
Harper — Nay
Chávez — Not Voting
Baker — Nay
Cooper — Not Voting
Linder — Nay
Mayes — Nay
Melendez — Nay
Obernolte — Nay
Steinorth — Nay
Wagner — Nay
Waldron — Nay
Wilk — Nay
Frazier — Not Voting
Hadley — Nay
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Nay
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

3rd Reading AB2792 Bonta By Leno

Passed 26 Yea · 10 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 241002
Democratic 2001
Total 261003
% of votes cast 67%26%0%8%
How each member voted (39)
Member Party Vote
Anderson — Nay
Hertzberg — Yea
Leno — Yea
Leyva — Yea
Mendoza — Yea
Nielsen — Nay
Fuller — Nay
Allen — Yea
Mitchell — Yea
De León — Yea
Cannella — Not Voting
Galgiani — Yea
Glazer — Yea
Hall — Yea
Hancock — Yea
Hernandez — Yea
Hill — Yea
Bates — Nay
Beall — Yea
Block — Yea
Hueso — Yea
Huff — Not Voting
Lara — Yea
Liu — Yea
Monning — Yea
Moorlach — Nay
Morrell — Nay
Pan — Yea
Pavley — Yea
Roth — Yea
Vidak — Nay
Wieckowski — Yea
Wolk — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Not Voting

Official roll call →

Do pass as amended

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
Hill — Yea
Lara — Yea
Nielsen — Nay
Beall — Yea
Bates — Nay
Mendoza — Yea
McGuire, Mike Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Hill — Yea
Mendoza — Yea
Nielsen — Yea
Lara — Yea
Bates — Yea
Beall — Yea
McGuire, Mike Democratic Yea

Official roll call →

AB 2792 BONTA Assembly Third Reading

Passed 44 Yea · 29 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 412405
Democratic 3002
Republican 0500
Total 442907
% of votes cast 55%36%0%9%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Bloom — Yea
Brough — Nay
Brown — Yea
Jones-Sawyer — Yea
Kim — Nay
Low — Yea
Maienschein — Nay
Mathis — Nay
O'Donnell — Yea
Olsen — Nay
Ridley-Thomas — Yea
Ting — Yea
Weber — Yea
Chang — Nay
Eggman — Not Voting
Cooper — Not Voting
Dababneh — Yea
Daly — Yea
Burke — Yea
Gomez — Yea
Gordon — Yea
Campos — Yea
Salas — Yea
Bonilla — Yea
Harper — Nay
Holden — Yea
Levine — Yea
Lopez — Yea
Mayes — Nay
McCarty — Yea
Medina — Yea
Melendez — Nay
Atkins — Yea
Mullin — Yea
Nazarian — Yea
Obernolte — Nay
Quirk — Yea
Alejo — Yea
Bigelow — Nay
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Nay
Dodd — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Wagner — Nay
Wilk — Nay
Williams — Yea
Wood — Yea
Frazier — Not Voting
Gray — Not Voting
Cooley — Nay
Hadley — Nay
Baker — Nay
Linder — Nay
Steinorth — Nay
Waldron — Nay
Gatto — Nay
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Not Voting
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass.

Passed 13 Yea · 5 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 11302
Democratic 2000
Republican 0200
Total 13502
% of votes cast 65%25%0%10%
How each member voted (20)
Member Party Vote
Bloom — Yea
Weber — Yea
Eggman — Yea
Bonilla — Yea
Chang — Not Voting
Bigelow — Nay
Daly — Yea
Holden — Yea
Obernolte — Nay
Quirk — Yea
Santiago — Yea
Wagner — Nay
Wood — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Roger Hernández — Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Nay

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 2792 do?
Existing federal law authorizes issuance of an immigration detainer that serves to advise another law enforcement agency that the federal department seeks custody of an alien presently in the custody of that agency, for the purpose of arresting and removing the alien. Existing federal law provides that the detainer is a request that the agency advise the department, prior to release of the alien, in order for the department to arrange to assume custody in situations when gaining immediate physical custody is either impracticable or impossible. Existing law, commonly known as the TRUST Act, prohibits a law enforcement official, as defined, from detaining an individual on the basis of a United States Immigration and Customs Enforcement hold after that individual becomes eligible for release from custody, unless, at the time that the individual becomes eligible for release from custody, certain conditions are met, including, among other things, that the individual has been convicted of specified crimes. Existing law defines specified terms for purposes of these provisions. This bill, the Transparent Review of Unjust Transfers and Holds (TRUTH) Act, would require a local law enforcement agency, prior to an interview between the United States Immigration and Customs Enforcement (ICE) and an individual in custody regarding civil immigration violations, to provide the individual a written consent form, as specified, that would explain, among other things, the purpose of the interview, that it is voluntary, and that the individual may decline to be interviewed. The bill would require the consent form to be available in specified languages. The bill would require a local law enforcement agency to provide copies of specified documentation received from ICE to the individual and to notify the individual regarding the intent of the agency to comply with ICE requests. The bill would require that the records related to ICE access be public records for purposes of the California Public Records Act. The bill, commencing January 1, 2018, would require the local governing body of any county, city, or city and county in which a local law enforcement agency has provided ICE access to an individual during the last year, to hold at least one public community forum during the following year, as specified, to provide information to the public about ICE's access to individuals and to receive and consider public comment. By requiring these local agencies to comply with these requirements, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect.
Who sponsors AB 2792?
AB 2792 is sponsored by Alejo, Lopez, Leno, and Bonta, Mia (Democratic).
What is the current status of AB 2792?
This bill has been enacted into law. Introduced February 19, 2016. Enacted.
Where can I track AB 2792?
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