AB 1261: Crime: witnesses and informants.

Existing state law requires, upon request by specified persons, that a certifying official from a certifying entity, as defined, certify victim helpfulness or victim cooperation on specified federal supplemental forms relating to immigration when the person was a victim of a qualifying criminal activity or human trafficking, and has, is, or is likely to be helpful or cooperative regarding the investigation or prosecution of that qualifying criminal activity, as specified.

This bill would specify that a person submitting those forms does not have to be present in the United States at the time of filing, and would require the certifying entity to forward the form to the victim or other specified individuals without requiring the victim to provide government-issued identification. The bill would require a certifying entity that does not certify the form regarding victim helpfulness to provide a written explanation for the denial of the certification. The bill would require a certifying entity to certify that form for direct victims, indirect victims, and bystander or witness victims, as specified. The bill would prohibit a certifying entity from refusing to complete either of those forms for specified reasons, including, among others, the informants criminal history information or immigration history. The bill would require the certifying entities to process those forms within 7 days if the victim asserts a qualifying family member of the victim will lose eligibility for specified immigration statuses within 60 days. By imposing additional duties on local law enforcement, this bill would impose a state-mandated local program.

Existing federal law provides a petition form to request temporary immigration benefits for a person who is a witness or informant, as specified.

This bill would authorize a certifying official from a certifying entity, as defined, to certify that a person is a witness or informant on that federal petition form when the person is an informant with reliable information about an important aspect of a crime or pending commission of a crime, the person is willing to share that information with law enforcement officials or become a witness in court, and the persons presence in the United States is important and leads to the successful investigation or prosecution of that crime.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.