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HB 1839 - Requires Informed Consent Prior to Federal Immigration Interviews with Individuals in State or Local Custody - Hawaii Key Vote

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Title: Requires Informed Consent Prior to Federal Immigration Interviews with Individuals in State or Local Custody

Signed by Governor Josh Green


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Title: Requires Informed Consent Prior to Federal Immigration Interviews with Individuals in State or Local Custody

Vote Smart's Synopsis:

Vote to adopt a conference report that requires informed consent to be provided by state or local law enforcement prior to any federal immigration related interviews with individuals in their custody in Hawaii.

Highlights:

  • Requires federal immigration authorities to provide individuals in state or local custody they wish to interview with a written consent form that explains their Fifth Amendment rights under the Constitution and their right to refuse the interview (Sec. 2).

  • Specifies that the individuals can decline to be interviewed or agree to be interviewed with their attorney present (Sec. 2).

  • Requires that the written consent form be provided at no cost and available in all the languages that the office of language access translates (Sec. 2).

  • Requires the interviewees to have a reasonable opportunity to consult with their attorney before the interview (Sec. 2).

  • Requires state and local law enforcement agencies to log the date and time of each interview request and interview, in addition to whether the federal immigration authorities follow the requirements in this Act (Sec. 2).

  • Requires state and local law enforcement to provide a copy of any federal request to the individual affected and inform them if they plan to comply (Sec. 2).

  • Requires all records relating to a federal immigration authority’s access to a detained individual to be public records with the individual’s personal identifying information redacted before public disclosure (Sec. 2).

  • Authorizes the department of the attorney general, the county prosecuting attorneys, or an agency with separate enforcement authority to receive and investigate complaints of violations of this Act (Sec. 2).

  • Authorizes anyone who was in custody and aggrieved by a violation of this Act to bring an acting seeking injunctive or declaratory relief and reasonable attorney fees against the culpable law enforcement agency (Sec. 2).

  • Specifies that this Act takes effect upon approval (Sec. 4).

NOTE: THE LEGISLATURE PROVIDES ITS MEMBERS WITH THE OPPORTUNITY TO BOTH VOTE ON WHETHER TO CONCUR WITH THE CONFERENCE COMMITTEE'S AMENDMENTS AND, IF THE CONCURRENCE VOTE SUCCEEDS, VOTE TO REPASS THE BILL AFTER THE AMENDMENTS ARE INCORPORATED. THIS IS A VOTE ON REPASSAGE OF THE BILL AFTER THE MEMBERS CONCURRED WITH THE CONFERENCE COMMITTEE'S AMENDMENTS.

Full Bill Text

See How Your Politicians Voted

Title: Requires Informed Consent Prior to Federal Immigration Interviews with Individuals in State or Local Custody

Vote Smart's Synopsis:

Vote to adopt a conference report that requires informed consent to be provided by state or local law enforcement prior to any federal immigration related interviews with individuals in their custody in Hawaii.

Highlights:

  • Requires federal immigration authorities to provide individuals in state or local custody they wish to interview with a written consent form that explains their Fifth Amendment rights under the Constitution and their right to refuse the interview (Sec. 2).

  • Specifies that the individuals can decline to be interviewed or agree to be interviewed with their attorney present (Sec. 2).

  • Requires that the written consent form be provided at no cost and available in all the languages that the office of language access translates (Sec. 2).

  • Requires the interviewees to have a reasonable opportunity to consult with their attorney before the interview (Sec. 2).

  • Requires state and local law enforcement agencies to log the date and time of each interview request and interview, in addition to whether the federal immigration authorities follow the requirements in this Act (Sec. 2).

  • Requires state and local law enforcement to provide a copy of any federal request to the individual affected and inform them if they plan to comply (Sec. 2).

  • Requires all records relating to a federal immigration authority’s access to a detained individual to be public records with the individual’s personal identifying information redacted before public disclosure (Sec. 2).

  • Authorizes the department of the attorney general, the county prosecuting attorneys, or an agency with separate enforcement authority to receive and investigate complaints of violations of this Act (Sec. 2).

  • Authorizes anyone who was in custody and aggrieved by a violation of this Act to bring an acting seeking injunctive or declaratory relief and reasonable attorney fees against the culpable law enforcement agency (Sec. 2).

  • Specifies that this Act takes effect upon approval (Sec. 4).

NOTE: THE LEGISLATURE PROVIDES ITS MEMBERS WITH THE OPPORTUNITY TO BOTH VOTE ON WHETHER TO CONCUR WITH THE CONFERENCE COMMITTEE'S AMENDMENTS AND, IF THE CONCURRENCE VOTE SUCCEEDS, VOTE TO REPASS THE BILL AFTER THE AMENDMENTS ARE INCORPORATED. THIS IS A VOTE ON REPASSAGE OF THE BILL AFTER THE MEMBERS CONCURRED WITH THE CONFERENCE COMMITTEE'S AMENDMENTS.

Full Bill Text

Title: Requires Informed Consent Prior to Federal Immigration Interviews with Individuals in State or Local Custody

NOTE: THIS CHAMBER HAS REFUSED TO CONCUR WITH THE AMENDMENTS OF THE OPPOSING CHAMBER, HOWEVER NO VOTES WERE TAKEN.

Title: Requires Informed Consent Prior to Federal Immigration Interviews with Individuals in State or Local Custody

Title: Requires Informed Consent Prior to Federal Immigration Interviews with Individuals in State or Local Custody

Title: Requires Informed Consent Prior to Federal Immigration Interviews with Individuals in State or Local Custody

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