SB 29 California Senate · 2017-2018 Regular Session

Law enforcement: immigration.

Summary
Existing law generally regulates formation and enforcement of contracts, including what constitutes an unlawful contract. Under existing law, a contract is unlawful if it is contrary to an express provision of law, contrary to the policy of express law, though not expressly prohibited, or otherwise contrary to good morals. Existing law authorizes a county board of supervisors on behalf of its sheriff, and a legislative body of a city on behalf of its chief of police, to contract to provide supplemental law enforcement services to private individuals, private entities, and private corporations in specified circumstances and subject to certain conditions. This bill would, commencing on January 1, 2018, prohibit a city, county, city and county, or a local law enforcement agency that does not, as of that date, have a contract with the federal government or any federal agency or a private corporation to detain noncitizens for the purposes of civil immigration custody from entering into a contract with those entities to house or detain in a locked detention facility noncitizens for purposes of civil immigration custody. The bill would further prohibit a city, county, city and county, or local law enforcement agency that, as of January 1, 2018, has an existing contract with the federal government or any federal agency or a private corporation to house or detain noncitizens for purposes of civil immigration custody, from renewing or modifying that contract, on and after that date, in a manner that would expand the maximum number of contract beds that may be utilized to house or detain, in a locked detention facility, noncitizens for purposes of civil immigration custody. This bill would prohibit, on and after January 1, 2018, a city, county, city and county, or a public agency from approving or signing a deed, instrument, or other document related to a conveyance of land or issuing a permit for the building or reuse of existing buildings by a private corporation, contractor, or vendor to house or detain noncitizens for the purposes of civil immigration proceedings unless the city, county, city and county, or public agency has provided specified notice to the public and solicited and heard public comments regarding the action. The California Public Records Act requires state and local agencies to make their records available for public inspection and to make copies available upon request and payment of a fee unless the records are exempt from disclosure. This bill would specify that any facility that detains a noncitizen pursuant to a contract with a city, county, city and county, or a local law enforcement agency is subject to the California Public Records Act. The bill would provide that its provisions are severable.
Bill status signed all 5 stages cleared
Introduction
Dec 2016
Committee Review
Sep 2017
Senate Passage
May 2017
Assembly Passage
Sep 2017
Signed into Law
Oct 2017
Introduced Dec 5, 2016 Signed Oct 5, 2017
Floor votes · Senate May 31, 2017 · Assembly Sep 12, 2017

How they voted

2110
Passed · 1 other
Total votes 32
May 31, 2017
D Democratic22
21 Yea 1
95% Yea
R Republican10
10 Nay
100% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
28
Key actions
9
Committee
7
Amendments
2
Oct 5, 2017
Signed into law
Approved by the Governor.
legislature
Sep 13, 2017
Upper · Passed
Assembly amendments concurred in. (Ayes 27. Noes 13. Page 2846.) Ordered to engrossing and enrolling.
upper
Sep 12, 2017
Assembly · Passed
Assembly Vote: pass (44-22-3)
assembly
Sep 11, 2017
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Sep 8, 2017
Lower · Passed
Read third time and amended. (Ayes 52. Noes 24. Page 3072.)
lower
Sep 1, 2017
Lower · Passed
From committee: Do pass. (Ayes 11. Noes 5.) (September 1).
lower
Jun 28, 2017
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 2.) (June 27). Re-referred to Com. on APPR.
lower
Jun 8, 2017
Committee
Referred to Com. on JUD.
lower
May 31, 2017
Senate · Passed
Senate Vote: pass (21-10-1)
senate
May 25, 2017
Upper · Passed
From committee: Do pass. (Ayes 5. Noes 2. Page 1176.) (May 25).
upper
Mar 29, 2017
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 538.) (March 28). Re-referred to Com. on APPR.
upper
Jan 12, 2017
Committee
Referred to Com. on JUD.
upper
Dec 5, 2016
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 2 co-sponsors

Sponsors