Defending Immigrant Victims Act.

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.

Commencing no later than January 1, 2028, 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 as soon thereafter as deemed appropriate by investigating officers or prosecuting attorneys, to inform each victim, the victim's next of kin if the victim is deceased, or the victim's parent or guardian if the victim is a minor of the rights they may have under applicable law relating to immigration relief. 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 explaining how to consult an immigration attorney to help determine eligibility for immigration relief. The bill would require the Attorney General, by January 1, 2028, to design the card and make it available in English, Spanish, and any other language in which the "Marsy Rights" card is currently translated, and in a PDF or other imaging format, to law enforcement agencies and agencies prosecuting crimes, as specified.

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.

This bill would make a conforming change.

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.