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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-17</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Alvarez</ns0:AuthorText>
<ns0:AuthorText authorType="COAUTHOR_ORIGINATING">(Coauthors: Assembly Members Bonta and Mark González)</ns0:AuthorText>
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<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Alvarez</ns0:Name>
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<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Bonta</ns0:Name>
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<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Mark González</ns0:Name>
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<ns0:Title> An act to amend Section 679.027 of, and to add Section 679.028 to, the Penal Code, relating to victim rights. </ns0:Title>
<ns0:RelatingClause>victim rights</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Defending Immigrant Victims Act. </ns0:Subject>
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Existing law, as added by Proposition 9, the Victims’ Bill of Rights Act of 2008: Marsy’s Law (Marsy’s Law), at the November 4, 2008, statewide general election, requires a law enforcement agency investigating a criminal act and an agency prosecuting a criminal act to, at the time of initial contact with a crime victim, during followup investigation, or as soon thereafter as deemed appropriate, provide or make available to the victim a “Marsy Rights” card that contains the constitutional rights of crime victims without charge or cost to the victim. Marsy’s Law provides that its provisions shall not be amended by the Legislature except by a statute passed in each house by rollcall vote entered in the journal,
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<ns0:Numerator>3</ns0:Numerator>
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of the membership of each house concurring. Marsy’s Law also provides that the
Legislature may amend its provisions to expand the scope of its application, to recognize additional rights of victims of crime, or to further the rights of victims of crime by a statute passed by a majority vote of the membership of each house.
</html:p>
<html:p>Existing law requires a law enforcement agency investigating a criminal act and an agency prosecuting a criminal act to, at the time of initial contact with a crime victim, during followup investigation, or as soon thereafter as deemed appropriate by investigating officers or prosecuting attorneys, inform each victim of the rights they have under applicable law relating to the victimization and provide each victim without charge or cost a “Victim Protections and Resources” card. Existing law requires the Attorney General to design and make available in PDF or other imaging format this card with specified information on the card, including information about federal immigration relief available to certain victims of crime.</html:p>
<html:p>This bill, the Defending Immigrant Victims Act, would require a law enforcement agency investigating a criminal act and an agency prosecuting a criminal act, at the time of initial contact with a crime victim, during followup investigation, or within 14 days of the crime being reported, to inform each victim, the victim’s next of kin if the victim is deceased, the victim’s parent or guardian if the victim is a minor, or any key witness of the rights they may have under applicable law relating to immigration relief, including verbal notification of potential eligibility for immigration relief options such as the U nonimmigrant statute (U visa), T nonimmigrant status (T visa), or under the federal Violence Against Women Act, and verbal notification that they may consult an immigration attorney to help determine their eligibility. The bill would require a law enforcement agency and a prosecuting agency to provide a victim an “Immigrant Victims Rights and Resources” card
that would provide specified information pertaining to the victim’s rights, including a statement about undocumented immigrants’ rights under the Fourth and Fifth Amendments to the United States Constitution. The bill would, by June 1, 2027, require the Attorney General to design the card and make it available in English and Spanish in a PDF or other imaging format to law enforcement agencies and agencies prosecuting crimes, as specified. </html:p>
<html:p>Because this bill would result in additional duties on local law enforcement and prosecuting agencies in informing victims, this bill would impose a state-mandated local program.</html:p>
<html:p>This bill would make a conforming change.</html:p>
<html:p>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.</html:p>
<html:p>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.</html:p>
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<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_085A1A72-65AB-494B-8231-094FA7ABA378">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:Content>
<html:p>This act shall be known, and may be cited, as the Defending Immigrant Victims Act.</html:p>
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<ns0:Num>SEC. 2.</ns0:Num>
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Legislature finds and declares all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
California is home to 10,600,000 immigrants.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
About 1,800,000 Californians are undocumented immigrants.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The Victims of Trafficking and Violence Protection Act was enacted by Congress in 2000 (Public Law 106-386) to encourage immigrants to report crimes to law enforcement by offering them legal pathways to temporary and eventually permanent legal status in the United States for victims of certain crimes who cooperate with law enforcement.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Since the
first U nonimmigrant status (U visa) was issued in 2009, applications have steadily increased. In 2024, there were 246,137 pending U visa applications. U visas serve as an important immigration relief option for immigrant victims who have suffered substantial harm from serious crimes.
</html:p>
<html:p>
(5)
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Immigrant families are facing increasing threats of deportation.
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<html:p>
(b)
<html:span class="EnSpace"/>
It is the intent of the Legislature to do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Ensure undocumented immigrant victims of serious crimes in California are informed of the U visa program established by the Victims of Trafficking and Violence Protection Act in addition to other potential immigration relief options.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Reaffirm California’s commitment to supporting immigrant victims on their journey to recovery.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Improve public safety by rebuilding the relationship between local law enforcement and the public by clarifying to immigrant communities that local law enforcement does not enforce federal immigration laws in California.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Encourage immigrant victims to report crimes to local law enforcement and aid law enforcement throughout their investigation to prosecute perpetrators and serve justice.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Protect immigrant victims, who are seeking justice.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Connect immigrant victims of crimes with low-cost, accredited, local immigration legal service providers.
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 679.027 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:Num>679.027.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
Every law enforcement agency investigating a criminal act and every agency prosecuting a criminal act shall, as provided herein, at the time of initial contact with a crime victim, during followup investigation, or as soon thereafter as deemed appropriate by investigating officers or prosecuting attorneys, inform each victim, or the victim’s next of kin if the victim is deceased, of the rights they may have under applicable law relating to the victimization, including rights relating to housing, employment, compensation, and immigration relief.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Every law enforcement agency investigating a criminal act and every agency prosecuting a criminal act shall, as provided herein, at the time of initial contact with a crime victim, during
followup investigation, or as soon thereafter as deemed appropriate by investigating officers or prosecuting attorneys, provide or make available to each victim of the criminal act without charge or cost a “Victim Protections and Resources” card described in paragraph (3).
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<html:p>
(2)
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The Victim Protections and Resources card may be designed as part of and included with the “Marsy Rights” card described by Section 679.026.
</html:p>
<html:p>
(3)
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By June 1, 2025, the Attorney General shall design and make available in PDF or other imaging format to every agency listed in paragraph (1) a “Victim Protections and Resources” card, which shall contain information in lay terms about victim rights and resources, including, but not limited to, the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Information about the rights provided by Section 12945.8 of the Government Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Information about the rights provided by Section 1946.7 of the Civil Code.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Information about the rights provided by Section 1161.3 of the Code of Civil Procedure, including information in lay terms about which crimes and tenants are eligible and under what circumstances.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Information about the program established by Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code, including information about the types of expenses the program may reimburse, eligibility, and how to apply.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Information about the program established by Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Information about eligibility for filing a restraining or protective order.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Contact information for the Victims’ Legal Resource Center established by Chapter 11 (commencing with Section 13897) of Title 6 of Part 4.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
A list of trauma recovery centers funded by the state pursuant to Section 13963.1 of the Government Code, with their contact information, which shall be updated annually.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The availability of community-based restorative justice programs and processes available to them, including
programs serving their community, county, county jails, juvenile detention facilities, and the Department of Corrections and Rehabilitation.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
This section shall become operative on July 1, 2024, only if General Fund moneys over the multiyear forecasts beginning in the 2024–25 fiscal year are available to support ongoing augmentations and actions, and if an appropriation is made to backfill the Restitution Fund to support the actions in this section.
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<ns0:Num>SEC. 4.</ns0:Num>
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Section 679.028 is added to the
<ns0:DocName>Penal Code</ns0:DocName>
, to read:
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<ns0:Num>679.028.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
Every law enforcement agency investigating a criminal act and every agency prosecuting a criminal act shall, as provided in this section, at the time of initial contact with a crime victim, during followup investigation, or within 14 days of the crime being reported, inform each victim, the victim’s next of kin if the victim is deceased, the victim’s parent or guardian if the victim is a minor, or any key witness of the rights they may have under applicable law relating to immigration relief. This information shall include, but is not limited to, all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Verbal notification of potential eligibility for immigration relief options such as the U nonimmigrant status (U visa), T nonimmigrant status (T visa), options under the
federal Violence Against Women Act (Title IV of Public Law 103-322 and any subsequent amendments thereto) (VAWA), or other immigration relief options as a potential victim of a qualifying crime.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Verbal notification that they may consult an immigration attorney to help them determine their eligibility.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Verbal notification that in order to remain eligible for a U visa, qualifying victims must remain cooperative throughout the investigation or prosecution of the perpetrator.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Verbal notification that the “Immigrant Victims Rights and Resources” card described in subdivision (d) includes a list of local nonprofit organizations that offer free or low-cost immigration legal services and information about immigrant victims rights and resources.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Every law enforcement agency investigating a criminal act and every agency prosecuting a criminal act shall, as provided in this section, at the time of initial contact with a crime victim, during followup investigation, or within 14 days of the crime being reported, provide or make available to each victim, the victim’s next of kin if the victim is deceased, the victim’s parent or guardian if the victim is a minor, or any key witness of the criminal act, without charge or cost, an “Immigrant Victims Rights and Resources” card, as described in subdivision (d).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The “Immigrant Victims Rights and Resources” card may be designed as part of, and included with, the “Marsy Rights” card described by Section 679.026.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
By June 1, 2027, the Attorney General shall design and make available in both English and Spanish a PDF or other imaging format to every agency
described in subdivision (b) an “Immigrant Victims Rights and Resources” card, which shall contain information in lay terms about immigrant victims rights and resources, including, but not limited to, all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A statement about undocumented immigrants’ potential eligibility for immigration relief options such as a U visa, T visa, relief under VAWA, or other immigration relief as a potential victim of a qualifying crime.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notification that in order to remain eligible for a U visa, qualifying victims must remain cooperative throughout the investigation or prosecution of the perpetrator.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A statement about how they can consult an immigration attorney to help determine their eligibility for immigration relief.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A list of local
organizations recognized by the United States Department of Justice Executive Office for Immigration Review as part of the Recognition and Accreditation program, along with the organization’s contact information, including, but not limited to, the organization’s address, main phone number, and contact email.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Notification that the list of organizations described in paragraph (4) offer free or low-cost services.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
A statement about undocumented immigrants’ rights under the Fourth Amendment to the United States Constitution in the event of an encounter with immigration agents, including, but not limited to, the right to deny entry to their homes unless presented with a signed judicial warrant naming the individual or a person living at the same household, and the right to deny a search of their belongings unless presented with a signed judicial warrant.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
A statement about undocumented immigrants’ rights under the Fifth Amendment to the United States Constitution, including, but not limited to, the right to remain silent and the right to refuse signing any documents in the event of an encounter with immigration agents.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
A statement about undocumented immigrants’ rights to speak to an attorney.
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<ns0:Num>SEC. 5.</ns0:Num>
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<html:p>If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.</html:p>
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