Relating to illegal reentry into the state by certain aliens, prohibition on arrest in certain locations, orders to return to a foreign nation, immunity from liability and indemnification for enforcement actions, sentencing restrictions, and providing penalties

This bill relates to illegal reentry into the state by certain aliens, prohibition on arrest in certain locations, orders to return to a foreign nation, immunity from liability and indemnification for enforcement actions, and sentencing restrictions. The bill provides that a person who is an alien commits an offense if the person enters, attempts to enter, or is at any time found in this state if the person has previously been denied admission to or has been excluded, deported, or removed from the United States, or the person previously departed from the United States while an order of exclusion, deportation, or removal was outstanding. 12, subch. §1231(a)(4)(B). An offense is a class “C” felony if the person was removed subsequent to a conviction for the commission of a felony. The bill provides that “removal” includes an order issued under the bill or any other agreement in which an alien stipulates to removal pursuant to a criminal proceeding under either federal or state law. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. A class “C” felony is punishable by confinement for no more than years and a fine of at least $1,370 but not more than $13,660. The bill provides that a peace officer may not arrest or detain a person for purposes of enforcing a provision of the bill if the person is on the premises or grounds of: a public or private primary or secondary school for educational purposes; a church, synagogue, or other established place of religious worship; a health care facility, provided that the person is on the premises or grounds of the facility or office for the purpose of receiving medical treatment; or a facility that provides forensic medical examinations to sexual assault survivors provided that the person is on the premises or grounds of the facility for purposes of obtaining a forensic medical examination and treatment. The bill provides that a judge during a person’s initial appearance following an arrest for a violation of the bill may, after making a determination that probable cause exists for the arrest, order the person released from custody and issue a written order requiring the person to return to the foreign nation from which the person came. The judge in a person’s case at any time after the person’s initial appearance may, in lieu of continuing the prosecution of or entering an adjudication regarding an offense under the bill, dismiss the charge pending against the person and issue a written order requiring the person to return to the foreign nation from which the person came. A written order discharging the person and requiring the person to return to the foreign nation from which the person entered or attempted to enter may be issued only if all of the following occur: the person agrees to the order; the person has not previously been convicted of an offense under the bill or previously obtained a discharge under an order to return to the foreign nation from which the person came; the person is not charged with another offense that is punishable as an aggravated misdemeanor or any higher category of offense; and the arresting law enforcement agency has collected all available identifying information of the person and has cross-referenced the collected information with all relevant local, state, and criminal databases and federal lists or classifications used to identify a person as a threat or potential threat to national security. Upon conviction for a violation of the bill, the bill provides that the judge shall enter in the judgment in the case an order requiring the person to return to the foreign nation from which the person entered or attempted to enter. An order issued under this provision takes effect on completion of the term of confinement or imprisonment imposed by the judgment. The bill provides that an order must include the manner of transportation of the person to a port of entry and the law enforcement officer or state agency responsible for monitoring compliance with the order. Within seven days of an order’s issuance, the law enforcement officer or state agency required to monitor compliance with the order shall report the issuance of the order to the department of public safety for inclusion in the computerized criminal history system. The bill provides that a person who is an alien commits an offense if the person has been charged with or convicted of an offense under the bill, a judge has issued an order under the bill for the person to return to the foreign nation from which the person entered or attempted to enter, and the person failed to comply with the order. An offense under this provision of the bill is a class “C” felony. The bill provides that a court may not abate the prosecution of an offense under the bill on the basis that a federal determination regarding the immigration status of the person is pending or will be initiated. The bill provides that a local government official, employee, or contractor is immune from liability for damages arising from a cause of action resulting from an action taken to enforce the bill. A local government shall indemnify an official, employee, or contractor of the local government for damages arising from a cause of action under federal law resulting from an action taken to enforce the bill. The bill provides that indemnification payments made by a local government shall not exceed $100,000 to any one person, $300,000 for any single occurrence in the case of personal injury or death, or $10,000 for a single occurrence of property damage. If the court or jury determines that the local government official, employee, or contractor acted in bad faith, with conscious indifference, or with recklessness, the official, employee, or contractor is not entitled to immunity or indemnification. The bill provides that an elected or appointed state official, or a state employee or contractor, is immune from liability for damages resulting from an action taken to enforce the bill. The bill provides that the state shall indemnify an elected or appointed state official, or a state employee or contractor, for damages arising from a cause of action under federal law resulting from an action taken by the official, employee, or contractor to enforce the bill. An indemnification payment made to an elected or appointed state official, or a state employee or contractor, is not subject to an indemnification limit under the laws of this state. If the court or jury determines that an elected or appointed state official, or a state employee or contractor, acted in bad faith, with conscious indifference, or with recklessness, the elected or appointed state official, or a state employee or contractor, is not entitled to immunity or indemnification. The bill provides that a state official, employee, or contractor who may be entitled to indemnification is entitled to representation by the attorney general. Current law generally provides that the trial court may, upon a plea of guilty, a verdict of guilty, or a special verdict upon which a judgment of conviction may be rendered, defer judgment, defer sentencing, or suspend the sentence. This provision does not apply to a forcible felony or to a violation of Code chapter 709 (sexual abuse) committed by a person who is a mandatory reporter of child abuse in which the victim is a person who is under the age of 18. The bill adds a violation of the bill to those offenses for which the option to render a deferred judgment or sentence, or a suspended sentence, does not apply.