Vetoed by Governor Jerry Brown, Jr.

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that prohibits a law enforcement official from detaining certain individuals based on immigration status.

Highlights:

• Prohibits a law enforcement officer from detaining an individual on the basis of an immigration hold after the individual becomes eligible for release from criminal custody, unless both of the following circumstances apply (Sec. 2):
• The individual has been convicted of a serious or violent felony; and
• The continued detention of the individual would not violate any federal, state, or local law, or any local policy.

• Defines “immigration hold” as an immigration detainer issued by an immigration officer that serves to advise the law enforcement officer detaining an undocumented immigrant in criminal custody to do the following (Sec. 2):
• The law enforcement officer must keep the undocumented immigrant in custody for an additional 48 hours excluding Saturdays, Sundays, and holidays; and
• The law enforcement officer must consult with the immigration officer prior to releasing the undocumented immigrant.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits a law enforcement official from detaining certain individuals based on immigration status.

Highlights:

• Prohibits a law enforcement officer from detaining an individual on the basis of an immigration hold after the individual becomes eligible for release from criminal custody, unless both of the following circumstances apply (Sec. 2):
• The individual has been convicted of a serious or violent felony; and
• The continued detention of the individual would not violate any federal, state, or local law, or any local policy.

• Defines “immigration hold” as an immigration detainer issued by an immigration officer that serves to advise the law enforcement officer detaining an undocumented immigrant in criminal custody to do the following (Sec. 2):
• The law enforcement officer must keep the undocumented immigrant in custody for an additional 48 hours excluding Saturdays, Sundays, and holidays; and
• The law enforcement officer must consult with the immigration officer prior to releasing the undocumented immigrant.

Full Bill Text