Citizenship of arrestee; arresting officer to ascertain. (HB2332)
Introduced By
Del. Scott Lingamfelter (R-Woodbridge)
Progress
✓ |
Introduced |
✗ |
Passed Committee |
✓ |
Passed House |
☐ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
Arresting officer to ascertain citizenship of arrestee. Supplements the existing law that requires sheriffs to make a query into legal presence when a person is "taken into custody" at a jail. This bill expands such inquiries by requiring inquiries of everyone arrested, independent of whether they were taken into custody at a jail, and requires that an arresting officer inquire of every arrestee whether he (i) was born in a country other than the United States and (ii) is a citizen of a country other than the United States, and that if the person responds he was born in another country and is not a citizen of the United States, the officer shall make an immigration alien query to the Law Enforcement Support Center of the U.S. Immigration and Customs Enforcement and shall communicate the results of any immigration alien query to the Central Criminal Records Exchange of the Department of State Police in a format approved by the Exchange. The bill further provides that when a warrantless arrest is made and the law-enforcement officer finds probable cause to believe that the person is not legally present in the United States, he shall communicate to the judicial officer the facts and circumstances underlying his belief. If the judicial officer concurs in the determination of the officer and makes the further determination that the person will not appear for trial or hearing, the judicial officer may refuse to admit the person to bail. Read the Bill »
Outcome
History
| Date | Action |
|---|---|
| 01/12/2011 | Committee |
| 01/12/2011 | Prefiled and ordered printed; offered 01/12/11 11101856D |
| 01/12/2011 | Referred to Committee for Courts of Justice |
| 01/19/2011 | Assigned Courts sub: #3 Immigration |
| 01/24/2011 | Impact statement from DPB (HB2332) |
| 01/28/2011 | Subcommittee recommends incorporating (HB1430-Albo) |
| 01/31/2011 | Incorporated by Courts of Justice (HB1430-Albo) |
| 02/04/2011 | Committee reconsidered previous action by voice vote |
| 02/04/2011 | Reconsidered by Courts of Justice |
| 02/04/2011 | Reported from Courts of Justice with substitute (15-Y 6-N) (see vote tally) |
| 02/04/2011 | Committee substitute printed 11105126D-H1 |
| 02/06/2011 | Read first time |
| 02/07/2011 | Read second time |
| 02/07/2011 | Committee substitute agreed to 11105126D-H1 |
| 02/07/2011 | Engrossed by House - committee substitute HB2332H1 |
| 02/08/2011 | Read third time and passed House (68-Y 31-N) |
| 02/08/2011 | VOTE: PASSAGE (68-Y 31-N) (see vote tally) |
| 02/09/2011 | Constitutional reading dispensed |
| 02/09/2011 | Referred to Committee for Courts of Justice |
| 02/11/2011 | Assigned Courts sub: Immigration |
| 02/22/2011 | Left in Courts of Justice |
Comments
Under a Virginia law enacted in 2008, Virginia is one of only two states in the nation that checks the immigration status of every person arrested and taken into custody for a crime and presented at the jail. No evidence has been shown that this expansion of that mandate makes sense, and the fact is that it would result in persons having their status checked twice, take officers off the street and make us all less safe without any concommitant benefit. VACOLAO opposes this bill.