HF 2586

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 02/24/2020 04:37pm

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 entity" means a state or local law enforcement agency;
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new text begin (2) "criminal activity" means qualifying criminal activity pursuant to section
101(a)(15)(U)(iii) of the Immigration and Nationality Act, and includes the attempt,
conspiracy, or solicitation to commit such crimes; and
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new text begin (3) "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), and United States Code, title 8, section 1184(o), including current United
States Citizenship and Immigration Services Form I-918, Supplement B, and United States
Citizenship and Immigration Services Form I-914, Supplement B, and any successor forms.
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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 entity 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, within the time period prescribed in paragraph (b).
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new text begin (b) A certifying entity 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 entity; designate agent. new text end

new text begin (a) The head of a certifying entity shall
designate an agent 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 entity's
certification process; and
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new text begin (3) keep a written or electronic record of all certification requests and responses.
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new text begin (b) All certifying entities 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 Disclosure prohibited; data classification. new text end

new text begin (a) A certifying entity 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 (b) Data provided to a certifying entity under this section is classified as private data
pursuant to section 13.02, subdivision 12.
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new text begin EFFECTIVE DATE. new text end

new text begin Subdivisions 1, 2, and 4 are effective the day following final
enactment. Subdivision 3 is effective July 1, 2020.
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