California 2015-2016 Regular Session Status: Passed Senate

SB 417 — Law enforcement: United States Immigration and Customs Enforcement holds.

Last action — Re-referred to Com. on RLS. pursuant to Assembly Rule 96.

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

This bill died with 2015-2016 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 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 continued detention of the individual on the basis of the immigration hold would not violate any federal, state, or local law, or local policy, and that the individual has been convicted of, or arrested for, specified crimes. This bill would instead require a law enforcement official to detain an individual on the basis of a United States Immigration and Customs Enforcement hold for up to 48 hours, excluding Saturdays, Sundays, and holidays, after that individual becomes eligible for release from custody if that individual has been convicted of, or arrested for, specified crimes and if the continued detention of the individual on the basis of the immigration hold would not violate any federal law. By imposing additional duties on local law enforcement officers, this bill would impose a state-mandated local program. The bill would require a local agency that violates these provisions to pay a fine of $100,000, to be collected by the Attorney General, and would allow the Attorney General to commence a civil action to enforce the fine. The bill would require proceeds of the fine to be deposited in the Restitution Fund, a continuously appropriated fund. By increasing deposits to be made to a continuously appropriated fund, this bill would make an appropriation. 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 these statutory provisions.

Bill Text

Action History

  1. Re-referred to Com. on RLS. pursuant to Assembly Rule 96.

  2. From committee with author's amendments. Read second time and amended. Re-referred to Com. on E. & R.

  3. July 1 set for first hearing canceled at the request of author.

  4. Referred to Com. on E. & R.

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

  6. Read third time. Passed. (Ayes 40. Noes 0. Page 1202.) Ordered to the Assembly.

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 7. Noes 0. Page 1153.) (May 28).

  9. Set for hearing May 28.

  10. May 4 hearing: Placed on APPR. suspense file.

  11. Set for hearing May 4.

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

  13. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 0. Page 523.) (April 7).

  14. Set for hearing April 7.

  15. Referred to Com. on E. & C.A.

  16. From printer. May be acted upon on or after March 28.

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

Sponsors

Sponsorship breakdown

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1 sponsors · 9 co-sponsors · 112 not signed on

Sponsors (1)

Co-sponsors (9)

Not signed on (112)

112 members have not signed on to this bill.

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"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

3rd Reading

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Democratic 3000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Leyva — Yea
Mendoza — Yea
Moorlach — Yea
Pavley — Yea
Wieckowski — Yea
Fuller — Yea
Hall — Yea
Hancock — Yea
Hertzberg — Yea
Hueso — Yea
Huff — Yea
Beall — Yea
Block — Yea
Liu — Yea
Monning — Yea
Morrell — Yea
Nielsen — Yea
Roth — Yea
Vidak — Yea
Cannella — Yea
Galgiani — Yea
Glazer — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Runner — Yea
Hernandez — Yea
Hill — Yea
Lara — Yea
Leno — Yea
Pan — Yea
Wolk — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

Do pass

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

Official roll call →

Placed on suspense file

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

Official roll call →

Subjects

public-safety immigration
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Frequently asked questions

What does SB 417 do?
Existing law 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 continued detention of the individual on the basis of the immigration hold would not violate any federal, state, or local law, or local policy, and that the individual has been convicted of, or arrested for, specified crimes. This bill would instead require a law enforcement official to detain an individual on the basis of a United States Immigration and Customs Enforcement hold for up to 48 hours, excluding Saturdays, Sundays, and holidays, after that individual becomes eligible for release from custody if that individual has been convicted of, or arrested for, specified crimes and if the continued detention of the individual on the basis of the immigration hold would not violate any federal law. By imposing additional duties on local law enforcement officers, this bill would impose a state-mandated local program. The bill would require a local agency that violates these provisions to pay a fine of $100,000, to be collected by the Attorney General, and would allow the Attorney General to commence a civil action to enforce the fine. The bill would require proceeds of the fine to be deposited in the Restitution Fund, a continuously appropriated fund. By increasing deposits to be made to a continuously appropriated fund, this bill would make an appropriation. 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 these statutory provisions.
Who sponsors SB 417?
SB 417 is sponsored by Bates, Runner, Fuller, Morrell, Moorlach, Nielsen, Jim Patterson, Beth Gaines, Bill Berryhill, and Mark Stone.
What is the current status of SB 417?
This bill died with 2015-2016 Regular Session. It reached “Passed Senate” 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 SB 417?
Track SB 417 free on One Click Politics — get push/email alerts when it moves.

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