The Unsorted BBS Collection/thegreatunsorted.tar/thegreatunsorted/texts/txtfiles_misc/prop187.02

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From netcom.com!netcomsv!amdahl!pacbell.com!ames!elroy.jpl.nasa.gov!ucla-cs!twinsun!eggert Fri Nov 11 23:48:38 1994
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From: [e-mail] (Paul Eggert)
Subject: Nov'94 CA Prop 187 (Illegal Aliens. Ineligibility for Public Services. Verification and Reporting. Initiative Statute.) text
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[The following was made available on August 19 via anonymous FTP from the host
`secstate.public.ca.gov' in the file `pub/proposition-187.text'.]

Proposition 187: Text of Proposed Law



This initiative measure is submitted to the people in accordance
with the provisions of Article II, Section 8 of the Constitution.

This initiative measure adds sections to various codes;
therefore, new provisions proposed to be added are printed in {+
italic type +}  to indicate that they are new.


PROPOSED LAW

SECTION 1.  Findings and Declaration.

The People of California find and declare as follows:

That they have suffered and are suffering economic hardship
caused by the presence of illegal aliens in this state.

That they have suffered and are suffering personal injury and
damage caused by the criminal conduct of illegal aliens in this
state.

That they have a right to the protection of their government from
any person or persons entering this country unlawfully.

Therefore, the People of California declare their intention to
provide for cooperation between their agencies of state and local
government with the federal government, and to establish a system
of required notification by and between such agencies to prevent
illegal aliens in the United States from receiving benefits or
public services in the State of California.

SECTION 2.  Manufacture, Distribution or Sale of False
Citizenship or Resident Alien Documents: Crime and Punishment.

Section 113 is added to the Penal Code, to read:

{+ 113.  Any person who manufactures, distributes or sells false
documents to conceal the true citizenship or resident alien
status of another person is guilty of a felony, and shall be
punished by imprisonment in the state prison for five years or by
a fine of seventy-five thousand dollars ($75,000).  +}

SECTION 3.  Use of False Citizenship or Resident Alien Documents:
Crime and Punishment.

Section 114 is added to the Penal Code, to read:

{+ 114.  Any person who uses false documents to conceal his or
her true citizenship or resident alien status is guilty of a
felony, and shall be punished by imprisonment in the state prison
for five years or by a fine of twenty-five thousand dollars
($25,000).  +}

SECTION 4.  Law Enforcement Cooperation with INS.

Section 834b is added to the Penal Code, to read:

{+ 834b.  (a) Every law enforcement agency in California shall
fully cooperate with the United States Immigration and
Naturalization Service regarding any person who is arrested if he
or she is suspected of being present in the United States in
violation of federal immigration laws.  +}

{+ (b) With respect to any such person who is arrested, and
suspected of being present in the United States in violation of
federal immigration laws, every law enforcement agency shall do
the following:  +}

{+ (1) Attempt to verify the legal status of such person as a
citizen of the United States, an alien lawfully admitted as a
permanent resident, an alien lawfully admitted for a temporary
period of time or as an alien who is present in the United States
in violation of immigration laws. The verification process may
include, but shall not be limited to, questioning the person
regarding his or her date and place of birth, and entry into the
United States, and demanding documentation to indicate his or her
legal status.  +}

{+ (2) Notify the person of his or her apparent status as an
alien who is present in the United States in violation of federal
immigration laws and inform him or her that, apart from any
criminal justice proceedings, he or she must either obtain legal
status or leave the United States.  +}

{+ (3) Notify the Attorney General of California and the United
States Immigration and Naturalization Service of the apparent
illegal status and provide any additional information that may be
requested by any other public entity.  +}

{+ (c) Any legislative, administrative, or other action by a
city, county, or other legally authorized local governmental
entity with jurisdictional boundaries, or by a law enforcement
agency, to prevent or limit the cooperation required by
subdivision (a) is expressly prohibited.  +}

SECTION 5.  Exclusion of Illegal Aliens from Public Social
Services.

Section 10001.5 is added to the Welfare and Institutions Code, to
read:

{+ 10001.5.  (a) In order to carry out the intention of the
People of California that only citizens of the United States and
aliens lawfully admitted to the United States may receive the
benefits of public social services and to ensure that all persons
employed in the providing of those services shall diligently
protect public funds from misuse, the provisions of this section
are adopted.  +}

{+ (b) A person shall not receive any public social services to
which he or she may be otherwise entitled until the legal status
of that person has been verified as one of the following:  +}

{+ (1) A citizen of the United States.  +}

{+ (2) An alien lawfully admitted as a permanent resident.  +}

{+ (3) An alien lawfully admitted for a temporary period of time.
+}

{+ (c) If any public entity in this state to whom a person has
applied for public social services determines or reasonably
suspects, based upon the information provided to it, that the
person is an alien in the United States in violation of federal
law, the following procedures shall be followed by the public
entity:  +}

{+ (1) The entity shall not provide the person with benefits or
services.  +}

{+ (2) The entity shall, in writing, notify the person of his or
her apparent illegal immigration status, and that the person must
either obtain legal status or leave the United States.  +}

{+ (3) The entity shall also notify the State Director of Social
Services, the Attorney General of California, and the United
States Immigration and Naturalization Service of the apparent
illegal status, and shall provide any additional information that
may be requested by any other public entity.  +}

SECTION 6.  Exclusion of Illegal Aliens from Publicly Funded
Health Care.

Chapter 1.3 (commencing with Section 130) is added to Part 1 of
Division 1 of the Health and Safety Code, to read:

{+ Chapter 1.3.  Publicly-Funded Health Care Services +}



{+ 130.  (a) In order to carry out the intention of the People of
California that, excepting emergency medical care as required by
federal law, only citizens of the United States and aliens
lawfully admitted to the United States may receive the benefits
of publicly-funded health care, and to ensure that all persons
employed in the providing of those services shall diligently
protect public funds from misuse, the provisions of this section
are adopted.  +}

{+ (b) A person shall not receive any health care services from a
publicly-funded health care facility, to which he or she is
otherwise entitled until the legal status of that person has been
verified as one of the following:  +}

{+ (1) A citizen of the United States.  +}

{+ (2) An alien lawfully admitted as a permanent resident.  +}

{+ (3) An alien lawfully admitted for a temporary period of time.
+}

{+ (c) If any publicly-funded health care facility in this state
from whom a person seeks health care services, other than
emergency medical care as required by federal law, determines or
reasonably suspects, based upon the information provided to it,
that the person is an alien in the United States in violation of
federal law, the following procedures shall be followed by the
facility:  +}

{+ (1) The facility shall not provide the person with services.
+}

{+ (2) The facility shall, in writing, notify the person of his
or her apparent illegal immigration status, and that the person
must either obtain legal status or leave the United States.  +}

{+ (3) The facility shall also notify the State Director of
Health Services, the Attorney General of California, and the
United States Immigration and Naturalization Service of the
apparent illegal status, and shall provide any additional
information that may be requested by any other public entity.  +}

{+ (d) For purposes of this section "publicly-funded health care
facility" shall be defined as specified in Sections 1200 and 1250
of this code as of January 1, 1993.  +}

SECTION 7.  Exclusion of Illegal Aliens from Public Elementary
and Secondary Schools.

Section 48215 is added to the Education Code, to read:

{+ 48215.  (a) No public elementary or secondary school shall
admit, or permit the attendance of, any child who is not a
citizen of the United States, an alien lawfully admitted as a
permanent resident, or a person who is otherwise authorized under
federal law to be present in the United States.  +}

{+ (b) Commencing January 1, 1995, each school district shall
verify the legal status of each child enrolling in the school
district for the first time in order to ensure the enrollment or
attendance only of citizens, aliens lawfully admitted as
permanent residents, or persons who are otherwise authorized to
be present in the United States.  +}

{+ (c) By January 1, 1996, each school district shall have
verified the legal status of each child already enrolled and in
attendance in the school district in order to ensure the
enrollment or attendance only of citizens, aliens lawfully
admitted as permanent residents, or persons who are otherwise
authorized under federal law to be present in the United States.
+}

{+ (d) By January 1, 1996, each school district shall also have
verified the legal status of each parent or guardian of each
child referred to in subdivisions (b) and (c), to determine
whether such parent or guardian is one of the following:  +}

{+ (1) A citizen of the United States.  +}

{+ (2) An alien lawfully admitted as a permanent resident.  +}

{+ (3) An alien admitted lawfully for a temporary period of time.
+}

{+ (e) Each school district shall provide information to the
State Superintendent of Public Instruction, the Attorney General
of California, and the United States Immigration and
Naturalization Service regarding any enrollee or pupil, or parent
or guardian, attending a public elementary or secondary school in
the school district determined or reasonably suspected to be in
violation of federal immigration laws within forty-five days
after becoming aware of an apparent violation. The notice shall
also be provided to the parent or legal guardian of the enrollee
or pupil, and shall state that an existing pupil may not continue
to attend the school after ninety calendar days from the date of
the notice, unless legal status is established.  +}

{+ (f) For each child who cannot establish legal status in the
United States, each school district shall continue to provide
education for a period of ninety days from the date of the
notice. Such ninety day period shall be utilized to accomplish an
orderly transition to a school in the child's country of origin.
Each school district shall fully cooperate in this transition
effort to ensure that the educational needs of the child are best
served for that period of time.  +}

SECTION 8.  Exclusion of Illegal Aliens from Public Postsecondary
Educational Institutions.

Section 66010.8 is added to the Education Code, to read:

{+ 66010.8.  (a) No public institution of postsecondary education
shall admit, enroll, or permit the attendance of any person who
is not a citizen of the United States, an alien lawfully admitted
as a permanent resident in the United States, or a person who is
otherwise authorized under federal law to be present in the
United States.  +}

{+ (b) Commencing with the first term or semester that begins
after January 1, 1995, and at the commencement of each term or
semester thereafter, each public postsecondary educational
institution shall verify the status of each person enrolled or in
attendance at that institution in order to ensure the enrollment
or attendance only of United States citizens, aliens lawfully
admitted as permanent residents in the United States, and persons
who are otherwise authorized under federal law to be present in
the United States.  +}

{+ (c) No later than 45 days after the admissions officer of a
public postsecondary educational institution becomes aware of the
application, enrollment, or attendance of a person determined to
be, or who is under reasonable suspicion of being, in the United
States in violation of federal immigration laws, that officer
shall provide that information to the State Superintendent of
Public Instruction, the Attorney General of California, and the
United States Immigration and Naturalization Service. The
information shall also be provided to the applicant, enrollee, or
person admitted.  +}

SECTION 9.  Attorney General Cooperation with the INS.

Section 53069.65 is added to the Government Code, to read:

{+ 53069.65.  Whenever the state or a city, or a county, or any
other legally authorized local governmental entity with
jurisdictional boundaries reports the presence of a person who is
suspected of being present in the United States in violation of
federal immigration laws to the Attorney General of California,
that report shall be transmitted to the United States Immigration
and Naturalization Service. The Attorney General shall be
responsible for maintaining on-going and accurate records of such
reports, and shall provide any additional information that may be
requested by any other government entity.  +}

SECTION 10.  Amendment and Severability.

The statutory provisions contained in this measure may not be
amended by the Legislature except to further its purposes by
statute passed in each house by rollcall vote entered in the
journal, two-thirds of the membership concurring, or by a statute
that becomes effective only when approved by the voters.

In the event that any portion of this act or the application
thereof to any person or circumstance is held invalid, that
invalidity shall not affect any other provision or application of
the act, which can be given effect without the invalid provision
or application, and to that end the provisions of this act are
severable.