General Assembly overrides governor on VOICES Act to protect illegal immigrants
Short Description: VICTIMS OF CRIMINAL ACTIVITY
Senate Sponsors
Sen. John J. Cullerton – Julie A. Morrison – Melinda Bush – Iris Y. Martinez – Cristina Castro, Heather A. Steans, Omar Aquino, Mattie Hunter, Antonio Muñoz, Ira I. Silverstein, Jacqueline Y. Collins, Laura M. Murphy, Elgie R. Sims, Jr., Kimberly A. Lightford, John G. Mulroe, Daniel Biss, David Koehler, Martin A. Sandoval, Patricia Van Pelt and Napoleon Harris, III
House Sponsors
(Rep. Elizabeth Hernandez – Litesa E. Wallace – Barbara Wheeler – Juliana Stratton – André Thapedi, John C. D’Amico, Robyn Gabel, Laura Fine, Will Guzzardi, Ann M. Williams, Al Riley, Emanuel Chris Welch, Justin Slaughter, Kelly M. Cassidy, Michelle Mussman, Jehan Gordon-Booth, Anna Moeller, Deb Conroy, Carol Sente, Lou Lang, Sara Feigenholtz, Theresa Mah, Cynthia Soto, Natalie A. Manley, Jaime M. Andrade, Jr., Daniel J. Burke, Linda Chapa LaVia, Silvana Tabares, Marcus C. Evans, Jr. and Jonathan Carroll)
Last Action
| Date | Chamber | Action |
| 11/29/2018 | Senate | Public Act . . . . . . . . . 100-1115 |
Statutes Amended In Order of Appearance
| 5 ILCS 100/1-1 | from Ch. 127, par. 1001-1 |
Synopsis As Introduced
Amends the Illinois Administrative Procedure Act. Makes a technical change in a Section concerning the short title.
| Deletes reference to: | ||
| 5 ILCS 100/1-1 | ||
| Adds reference to: | ||
| New Act | ||
Replaces everything after the enacting clause. Creates the Voices of Immigrant Communities Empowering Survivors (VOICES) Act. Provides that the head of each certifying agency shall designate an official or officials in supervisory roles, either within the agency or, by agreement with another agency with concurrent jurisdiction over the geographic area or subject matter covered by that agency, within that other agency. Provides that certifying officials shall: (1) respond to requests for completion of certification forms received by the agency; and (2) make information regarding the agency’s procedures for certification requests publicly available for victims of qualifying criminal activity and their representatives. Provides that upon receiving a request for completion of a certification form, a certifying official shall complete the certification form and provide it to the requesting person, unless the certifying official, after a good faith inquiry, cannot determine that the applicant is a victim of qualifying criminal activity, in which case the certifying official shall provide written notice to the person or the person’s representative that the official is declining to complete the form. Provides for various circumstances when an expedited certification form must be completed by the certifying agency or official. Provides that a certifying official or agency receiving requests for completion of certification forms shall not disclose the immigration status of a victim or person requesting the certification form, except to comply with federal law or State law, legal process, or if authorized, by the victim or person requesting the certification form. Makes other changes.
| Judicial Note (Admin Office of the Illinois Courts) | |
| This bill would neither increase nor decrease the number of judges needed in the State of Illinois. |
House Floor Amendment No. 1
Modifies the definition of “certifying agency”. Provides that no provision in the Act limits the manner in which a certifying officer or certifying agency may describe whether the person has cooperated or been helpful to the agency or provide any additional information the certifying officer or certifying agency believes might be relevant to a federal immigration officer’s adjudication of a U or T visa application.
| Fiscal Note, House Floor Amendment No. 1 (Illinois State Police) | |
| Senate Bill 34 (H-AM 1) creates the VOICES Act and requires law enforcement agencies to respond to federal U and T visa certification forms within either 90 or 21 business days. This legislation would require the Illinois State Police to establish at least two additional attorney positions as well one support staff, at an additional approximate cost of $425,000 when benefits are included. With a new cause of action being created in statute, there is the potential for additional litigation against the Illinois State Police. |
| Fiscal Note (Illinois State Police) | |
| Senate Bill 34 (H-AM 1) creates the VOICES Act and requires law enforcement agencies to respond to federal U and T visa certification forms within either 90 or 21 business days. This legislation would require the Illinois State Police to establish at least two additional attorney positions as well one support staff, at an additional approximate cost of $425,000 when benefits are included. With a new cause of action being created in statute, there is the potential for additional litigation against the Illinois State Police. |
