AB 2230: Immigration enforcement: polling places and child daycare facilities.

Under existing law, it is a crime, punishable as either a misdemeanor or a felony, for a person in possession of a firearm, a peace officer, private guard, or security personnel, or any person wearing the uniform of a peace officer, guard, or security personnel, to be stationed in the immediate vicinity of, or posted at, a polling place without authorization from the appropriate elections official.

This bill would make that crime a felony, punishable by a fine up to $10,000 and imprisonment for 2, 3, or 5 years. The bill would also expand the crime to apply to any person who displays a uniform or other clothing or insignia that reasonably conveys an association with any local, state, or federal law enforcement agency. The bill would create an exception for a peace officer who is responding to a presently occurring violent crime, responding to an immediate threat to the life or health of others at the polling place, or casting a vote. The bill would prohibit an elections official from authorizing any agency or officer responsible for immigration enforcement or federal law enforcement to be stationed or posted in the immediate vicinity of a polling place. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.

Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child daycare facilities, including daycare centers and daycare homes, by the State Department of Social Services. Existing law requires the licensee or administrator of a licensed child daycare facility, as applicable, to report to the State Department of Social Services and Attorney General any requests for information or access to the facility by an officer or employee of a law enforcement agency for the purpose of immigration enforcement.

This bill would make it a felony, punishable by a fine up to $10,000 and imprisonment for 2, 3, or 5 years, for law enforcement personnel to enter a licensed child daycare facility or be stationed within 100 feet of the entrance of a licensed child daycare facility, except as specified. By creating a new crime, this bill would impose a state-mandated local program.

This bill would provide that the provisions of this bill are severable.

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 no reimbursement is required by this act for a specified reason.