Victims of crime: nonimmigrant status.

Existing federal law provides a petition form to request temporary immigration benefits for a person who is a victim of certain qualifying criminal activity. Existing federal law also provides a supplemental form for certifying that a person submitting a petition for immigration benefits is a victim of certain qualifying criminal activity and is, has been, or is likely to be helpful in the investigation or prosecution of that criminal activity. Existing federal law provides a separate petition form to request temporary immigration benefits for a person who is a victim of human trafficking. Existing federal law provides a supplemental form for certifying that a person submitting this latter petition is a victim of human trafficking and a declaration as to the person's cooperation regarding an investigation or prosecution of human trafficking. Existing law requires, upon request of the victim or the victim's family member, that a certifying official from a certifying entity, as defined, certify "victim helpfulness" or "victim cooperation" on those supplemental forms, respectively, when the requester was a victim of a qualifying criminal activity and has, is, or is likely to be helpful or cooperative regarding the investigation or prosecution of that qualifying criminal activity, as specified. Existing law requires the certifying entity to process those supplemental forms within 90 days of the request, unless the noncitizen is in removal proceedings, in which case the certification is required to be processed within 14 days of the request. This bill would additionally require a certifying official from a certifying entity to certify "victim helpfulness" or "victim cooperation," respectively, when requested by a licensed attorney representing the victim or a representative fully accredited by the United States Department of Justice authorized to represent the victim in immigration proceedings. The bill would also require the certifying entity to process those forms within 30 days of the request, or within 7 days of the first business day following the day the request was received if the noncitizen is in removal proceedings. The bill would require a state or local law enforcement agency with whom a victim had filed a police report to provide a copy of that report upon request of the victim, licensed attorney representing the victim, or a representative fully accredited by the United States Department of Justice authorized to represent the victim in immigration proceedings. By increasing the duties of local governmental agencies, the bill would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.