First Substitute H.B. 105

Representative Glenn A. Donnelson proposes the following substitute bill:

1 ILLEGAL IMMIGRATION ENFORCEMENT ACT
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Glenn A. Donnelson
5 Senate Sponsor: D. Chris Buttars
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Public Safety Code by providing for the enforcement of federal
10 immigration laws by certain state or local law enforcement officers.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . directs the Commissioner of the Department of Public Safety to enter into an
15 agreement with the Secretary of Homeland Security to allow certain state law
16 enforcement officers to perform certain functions of a federal immigration officer;
17 . provides that the Commissioner of the Department of Public Safety shall ensure
18 compliance with the agreement and the requirements of law relating to the
19 agreement;
20 . provides that a local law enforcement agency may enter into an agreement with the
21 Secretary of Homeland Security to allow certain local law enforcement officers to
22 perform certain functions of a federal immigration officer;
23 . provides that a local law enforcement agency that enters into an agreement
24 described in the preceding paragraph shall ensure compliance with the agreement
25 and the requirements of law in relation to the agreement; and

26 . provides that certain state or local law enforcement officers are authorized to
27 enforce federal immigration law and perform certain functions of a federal
28 immigration officer.
29 Monies Appropriated in this Bill:
30 None
31 Other Special Clauses:
32 None
33 Utah Code Sections Affected:
34 ENACTS:
35 53-15-101, Utah Code Annotated 1953
36 53-15-102, Utah Code Annotated 1953
37 53-15-103, Utah Code Annotated 1953
38 53-15-104, Utah Code Annotated 1953
39
40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 53-15-101 is enacted to read:
42 CHAPTER 15. ILLEGAL IMMIGRATION ENFORCEMENT ACT
43 53-15-101. Title.
44 This chapter is known as the "Illegal Immigration Enforcement Act."
45 Section 2. Section 53-15-102 is enacted to read:
46 53-15-102. Definitions.
47 As used in this chapter:
48 (1) "Alien" is as defined in 8 U.S.C. 1101(a)(3).
49 (2) "Law enforcement officer" is as defined in Section 53-13-103 .
50 Section 3. Section 53-15-103 is enacted to read:
51 53-15-103. Agreement to enforce immigration law.
52 (1) The commissioner shall:
53 (a) on behalf of the state, enter into an agreement with the Secretary of Homeland
54 Security, pursuant to 8 U.S.C. Sec. 1357(g), to allow a state law enforcement officer to perform
55 a function of a federal immigration officer in relation to the investigation, apprehension, or
56 detention of aliens in the United States; and

57 (b) ensure that the state, and state law enforcement officers, comply with the terms of
58 the agreement described in Subsection (1)(a) and the provisions of 8 U.S.C. Sec. 1357(g).
59 (2) A local law enforcement agency may enter into an agreement with the Secretary of
60 Homeland Security, pursuant to 8 U.S.C. Sec. 1357(g), to allow a local law enforcement officer
61 to perform a function of a federal immigration officer in relation to the investigation,
62 apprehension, or detention of aliens in the United States.
63 (3) If a local law enforcement agency enters into an agreement described in Subsection
64 (2), the local law enforcement agency shall ensure that the local law enforcement agency, and
65 the local law enforcement agency's law enforcement officers, comply with the terms of the
66 agreement and the provisions of 8 U.S.C. Sec. 1357(g).
67 Section 4. Section 53-15-104 is enacted to read:
68 53-15-104. Authority of a state or local law enforcement officer to enforce
69 immigration law.
70 A state or local law enforcement officer may enforce federal immigration law and
71 otherwise perform a function of a federal immigration officer if the law enforcement officer:
72 (1) is authorized to enforce federal immigration law or perform a function of a federal
73 immigration officer under:
74 (a) an agreement described in Section 53-15-103 ; and
75 (b) 8 U.S.C. Sec. 1357(g); and
76 (2) complies with the requirements of:
77 (a) the agreement described in Subsection (1)(a); and
78 (b) 8 U.S.C. Sec. 1357(g).