Assembly Public Safety Committee kills bill to repeal Sanctuary State Act

SACRAMENTO, CA – Today the Assembly Public Safety Committee voted against Assembly Bill 1708 by Assemblyman Kevin Kiley (R-Rocklin) to repeal the Act of the sanctuary state in California that removed the ability of local law enforcement to notify federal authorities of the release of an undocumented immigrant from prison.

Bill died 5-2 on a party-line vote.

“The recent mass murder at a church a few miles from the Capitol might not have happened without the sanctuary state, but today the legislature chose to keep the disastrous law in place,” said the Assemblyman Kiley. “If this unspeakable crime isn’t a wake-up call for our politicians, I don’t know what will be.”

On February 28, 2022, a man who was in the country illegally shot and killed his three daughters and their chaperone at a church in Sacramento. A few days earlier, the shooter had been arrested for resisting arrest, assaulting a police officer and driving under the influence. The Federal Immigration and Customs Enforcement Agency (ICE) asked to be notified of his release from prison, but that never happened due to prohibitions under California’s sanctuary state law. .

MP Kevin Kiley represents the 6and Assembly District, which includes the Sacramento, Placer, and El Dorado County communities of Cameron Park, El Dorado Hills, Fair Oaks, Folsom, Granite Bay, Lincoln, Loomis, Orangevale, Penryn, Rocklin, Roseville, and Sheridan.


LEGISLATIVE COUNSEL SUMMARY

AB 1708, as amended, Kiley. Income tax deductions: net operating losses. Law enforcement: data sharing.

Applicable law prohibits state and local law enforcement agencies, including school police and security services, from using money or personnel to investigate, interrogate, detain, detect, or arrest people. for immigration law enforcement purposes, as specified, and subject to exceptions, prohibit other activities or conduct in connection with immigration law enforcement ‘order. Current law prohibits a law enforcement official from cooperating with immigration authorities when persons have been arrested, detained, or convicted of offenses that were formerly crimes or were formerly crimes punishable as misdemeanors or crimes, as specified. Current law prohibits the Department of Corrections and Rehabilitation from considering an individual’s citizenship or immigration status with respect to access to educational or rehabilitation programs or employment opportunities. obtaining credits or to determine an individual’s level of detention classification.

This bill would remove those restrictions on state and local law enforcement agencies.

Applicable law requires the Department of Corrections and Rehabilitation to provide a person in the department’s custody with specific information prior to interviewing the person with U.S. Immigration and Customs Enforcement regarding civil offenses relating to of immigrants. Applicable law requires the Attorney General, in consultation with appropriate stakeholders, to issue model policies limiting immigration enforcement assistance, as specified, and issue guidance, criteria for audit and training recommendations to ensure that state and local law enforcement databases are governed in a manner that limits the availability of information to anyone for immigration law enforcement purposes .

This bill would remove those requirements from the Ministry of Corrections and Rehabilitation and the Attorney General.

Existing law allows a law enforcement official to exercise discretion when cooperating with immigration authorities, as permitted by law. Applicable law allows law enforcement officials to provide information regarding an individual’s release date and to transfer an individual to immigration authorities in specified circumstances, including when the individual has been convicted within the last 15 years of a crime, as specified. Existing law allows a law enforcement official to exercise discretion when cooperating with immigration officials when an individual has been arrested and charged with a crime, as specified, and a magistrate Concludes probable cause with respect to this charge, as specified.

This bill would require a law enforcement official to cooperate with federal immigration officials and detain a person, once they become eligible for release, on the basis of a detention of immigration for specific reasons, including where the person has at any time been convicted of a crime, as specified, or the individual has been arrested and charged with a crime, as specified, and a magistrate finds the probable cause of the charge.

By imposing additional obligations 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 state-imposed costs. Legal provisions establish the terms of this reimbursement.

This bill would provide that, if the Commission on State Warrants determines that the bill contains state-imposed costs, reimbursement of those costs will be made in accordance with the aforementioned statutory provisions.

The Personal Income Tax Act and the Corporations Tax Act, as amended in accordance with the federal income tax laws, generally permit various deductions in computing income subject to tax imposed. by such laws, including a deduction for a net operating loss, as specified. Applicable law suspends the deduction for a net operating loss, as specified, for taxation years beginning on or after January 1, 2020 and before January 1, 2023. Applicable law extends the deferral period for a net operating loss suspension disallows a deduction for a number of years based on the tax year in which the losses were incurred, including a one-year extension for losses incurred in tax years beginning on or after January 1, 2021 and before January 1, 2022.

This bill would restore the net operating loss deduction for tax years beginning on or after January 1, 2021, and continue to allow the additional one-year carry-forward period for a net operating loss incurred in during taxation years beginning on or after January 1, 2021. , and before January 1, 2022.

Current law requires that any bill authorizing a new tax expenditure contain, among other things, specific goals, objectives and objectives that the tax expenditure will achieve, detailed performance indicators and data collection requirements.

The bill would also state the legislature’s intention to comply with the additional information requirement for any bill authorizing a new tax expenditure.

This bill would come into effect immediately as a tax levy.


Press release

SACRAMENTO, CA – Assemblyman Kevin Kiley (R-Rocklin) announced that he introduced Assembly Bill 1708 to repeal California’s Sanctuary State Act that removed the ability local law enforcement to notify federal authorities of the release of an undocumented immigrant from prison.

“A few weeks ago, our community experienced an untold tragedy that could have been avoided but for the harmful policies enacted by the California Legislature,” said Assemblyman Kiley. “My prayers go out to the families of the victims, this should never have happened. We must repeal the Sanctuary State Act immediately to prevent preventable tragedies like this in the future.

In 2017, the legislature passed and Governor Jerry Brown signed SB 54 (De León). This bill prohibited, with few exceptions, local law enforcement from sharing information regarding the release of undocumented immigrants from prison. In opposition to the bill, the California State Sheriff’s Association wrote:

“Our primary concern remains that limiting the ability of local law enforcement to communicate and cooperate with federal law enforcement officers endangers public safety…SB 54 would prevent staff in our prisons from ‘notify ICE, at their request, of the impending release of certain wanted undocumented criminals – including, but not limited to, repeat drunk drivers, hit-and-run drivers, those who assault officers of peace, serial thieves, animal abusers, chronic addicts of dangerous drugs such as methamphetamine and heroin, and members of known criminal gangs arrested for most misdemeanor crimes.”

On February 28, 2022, a man who was in the country illegally shot and killed his three daughters and their chaperone at a church in Sacramento. A few days earlier, the shooter had been arrested for resisting arrest, assaulting a police officer and driving under the influence. The Federal Immigration and Customs Enforcement Agency (ICE) asked to be notified of his release from prison, but that never happened due to prohibitions under California’s sanctuary state law. .

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