HF 2586

as introduced - 91st Legislature (2019 - 2020) Posted on 03/18/2019 02:41pm

A bill for an act
relating to public safety; requiring certifying entities to timely process U-Visa
certification documents; proposing coding for new law in Minnesota Statutes,
chapter 611A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [611A.95] CERTIFICATIONS FOR VICTIMS OF CRIMES.
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new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have the
meanings given:
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new text begin (1) "certifying agency" means:
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new text begin (i) a state or local law enforcement agency;
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new text begin (ii) a prosecutor;
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new text begin (iii) a court;
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new text begin (iv) any other authority that has responsibility for the detection, investigation, or
prosecution of criminal activity; or
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new text begin (v) agencies that have criminal detection or investigative jurisdiction in their respective
areas of expertise, including at a minimum the Departments of Human Services, Employment
and Economic Development, and Labor and Industry;
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new text begin (2) "certifying official" means:
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new text begin (i) the head of the certifying agency;
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new text begin (ii) a person in a supervisory role who has been specifically designated by the head of
the certifying agency to issue certifications; or
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new text begin (iii) a federal or state judge;
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new text begin (3) "criminal activity" means qualifying criminal activity according to section
101(a)(15)(U)(iii) of the Immigration and Nationality Act, and includes the attempt,
conspiracy, or solicitation to commit these crimes; and
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new text begin (4) "certification" means any certification or statement required by federal immigration
law including, but not limited to, the information required by United States Code, title 8,
section 1184(p), including current United States Citizenship and Immigration Services Form
I-918, Supplement B, and any successor form.
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new text begin Subd. 2. new text end

new text begin Certification process. new text end

new text begin (a) A certifying agency shall process a certification
requested by a victim of criminal activity or a representative of the victim, including but
not limited to the victim's attorney, family member, or domestic violence or sexual assault
violence advocate, if the victim is helpful, has been helpful, or is likely to be helpful to the
detection, investigation, or prosecution of the qualifying criminal activity or has not refused
or failed to provide information and assistance reasonably requested by law enforcement.
It is a rebuttable presumption that the victim is helpful.
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new text begin (b) A certifying agency shall process the certification within 90 days of request, unless
the victim is in removal proceedings, in which case the certification shall be processed
within 14 days of request. Requests for expedited certification must be affirmatively raised
at the time of the request.
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new text begin (c) An active investigation, the filing of charges, or a prosecution or conviction are not
required for the victim of criminal activity to request and obtain the certification.
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new text begin Subd. 3. new text end

new text begin Certifying agency; designate agent. new text end

new text begin (a) The head of a certifying agency shall
designate a certifying official to perform the following responsibilities:
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new text begin (1) timely process requests for certification;
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new text begin (2) provide outreach to victims of criminal activity to inform them of the agency's
certification process; and
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new text begin (3) keep a written or electronic record including, at a minimum, but not limited to,
certification requests and responses and criminal activity.
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new text begin (b) A certifying agency shall implement a language access protocol for
non-English-speaking victims of criminal activity.
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new text begin Subd. 4. new text end

new text begin Certification withdrawal. new text end

new text begin A certifying agency may only withdraw the
certification if the victim refuses to provide information and assistance when reasonably
requested.
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new text begin Subd. 5. new text end

new text begin Disclosure prohibited. new text end

new text begin A certifying agency is prohibited from disclosing the
immigration status of a victim of criminal activity or representative requesting the
certification, except to comply with federal law or legal process, or if authorized by the
victim of criminal activity or representative requesting the certification.
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new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin On or before January 15 of each year, a certifying agency that receives
a request for certification shall submit a written report that includes, at a minimum, the
number and types of criminal activity, the number of victims who requested certification
from the agency, the number of certifications signed, and the number that were denied to
the house of representatives and senate committees with jurisdiction over criminal justice
policy.
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new text begin EFFECTIVE DATE. new text end

new text begin Subdivisions 1, 2, 4, 5, and 6 are effective the day following final
enactment. Subdivision 3 is effective July 1, 2019.
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