AN ACT CONCERNING THE RECOMMENDATIONS OF THE TASK FORCE ON DOMESTIC VIOLENCE IN IMMIGRANT COMMUNITIES.

AN ACT CONCERNING THE RECOMMENDATIONS OF THE TASK FORCE ON DOMESTIC VIOLENCE IN IMMIGRANT COMMUNITIES.

This bill requires (1) the Police Officer Standards and Training Council (POST) to establish, by January 1, 2010, uniform protocols for treating victims of family violence whose immigration status is questionable, (2) law enforcement agencies to adopt and use the protocols, and (3) police officers on the scene of a family violence crime to assist such victims consistent with the protocols.

Beginning on the same date, the bill requires each law enforcement agency to designate an officer to help crime victims applying for a U Visa (see BACKGROUND).

1. POST to cover specified topics in its family violence training for law enforcement officers and state's attorneys;

2. the Judicial Department's pretrial family violence education program to inform participants of the basic elements of family violence and the applicable penalties; and

3. the Judicial Department to (a) within available appropriations, train its staff, including court personnel, on domestic violence issues and laws, including issues and laws related to family violence in immigrant communities and policies and eligibility for federal T and U Visas and (b) continuously study and implement ways to reduce disparities in the way family violence cases are disposed of in different geographic areas.

*House Amendment “A” (1) eliminates the provision in the original bill that established a task force on domestic violence in immigrant communities, (2) requires that the law enforcement officer designated to help victims with U Visas have supervisory authority, (3) requires POST to make the 2010 adjustments to its training program as permitted by its available appropriations, and (4) requires the Judicial Department to provide the training and conduct the study the bill requires as permitted by available appropriations.

EFFECTIVE DATE: January 1, 2010, except that the provision on Judicial Department training is effective July 1, 2009.

The bill requires POST to include in its family violence training appropriate probable cause standards for making arrests. Beginning January 1, 2010, the training, within available appropriations, must include information on:

1. the impact multi-party arrests have on the immigration status of the parties;

2. crime scene investigation and evaluation practices designed by POST to reduce the number of multiple arrests in family violence cases;

3. practical considerations of applying family violence laws; and

4. eligibility requirements for federal T Visas for victims of human trafficking and federal U Visas for unauthorized immigrants who are victims of family violence and other crimes.

Beginning on January 1, 2010, each law enforcement agency must designate at least one officer with supervisory duties to respond to requests from victims of crime for help applying for U Nonimmigrant Status. The officer must expeditiously process (1) a certification of helpfulness on Form 1-918, Supplement B, or any other subsequent form designated for the same purpose, that confirms the victim's helpfulness or potential helpfulness in the investigation or prosecution of the underlying crime and (2) any subsequent certification the victim requires.

POST, in conjunction with the Division of Criminal Justice, is responsible for establishing a family violence education and training program for law enforcement officers and state's attorneys.

The U Visa allows certain immigrant victims of crime to live and work lawfully in the United States. Immigrants who receive a U Visa can apply for a green card after three years. The government plans to issue up to 10,000 U Visas each year.

U Visas are available to immigrants who are either victims of or who possess information concerning one of the following forms of criminal activity: rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual exploitation, female genital mutilation, hostage holding, peonage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury, or attempt, conspiracy, or solicitation to commit one of these offenses. A federal, state, or local official must certify that an investigation or prosecution would be harmed without the immigrant's assistance or, in the case of a child, the immigrant's parent's assistance.

T Visas are available to individuals who are victims of “a severe form of trafficking in persons. ” Severe forms of trafficking include sex trafficking of persons under 18 years of age, or recruiting or obtaining persons for labor or services through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

The pretrial family violence education program is for people who are charged with family violence crimes. A defendant can ask the court to place him or her in the program. A defendant is ineligible if he or she:

1. is charged with a class A, B, or C felony, an unclassified felony that carries more than a 10 year sentence, or, unless good cause is shown, a class D felony, or an unclassified felony carrying a penalty of at least five years;

2. has previously participated in the program; or

3. has been convicted of, or accepted accelerated rehabilitation for, a family violence crime committed after October 1, 1986.

Yea

Nay

(03/30/2009)

Yea

Nay

(04/28/2009)