Senator Knotts proposed the following perfecting amendment to the Committee Report (JUD0020.002):
Amend the Committee Report, as and if amended, on page [20-4], beginning on line 26, by striking SECTION 5 in its entirety and inserting:
/ SECTION 5. Chapter 13, Title 17 of the 1976 Code is amended by adding:
"Section 17-13-170. (A) It is unlawful for a person who has come to, entered, or remained in the United States in violation of federal law to come to, enter, or remain in this State.
(B) It is unlawful for a person who has come to, entered, or remained in the United States in violation of federal law to seek, apply for, or perform employment in this State.
(C) A person who violates this section:
(1) for a first offense, is guilty of a misdemeanor, and, upon conviction, must be imprisoned for one year;
(2) for a second offense, is guilty of a felony, and, upon conviction, must be imprisoned for three years; and
(3) for a third or subsequent offense, is guilty of a felony, and, upon conviction, must be imprisoned for five years.
No part of the sentence may be suspended nor may probation be granted.
(D) Any law enforcement agency in this State may establish a special illegal immigration division within the agency to investigate violations of this section.
(E) Except as provided by federal law, officers and agencies of this State and political subdivisions of this State may not be prohibited or restricted from sending, receiving, or maintaining information related to the immigration status of any person or exchanging that information with other federal, state, or local government entities for the following purposes:
(1) determining eligibility for any public benefit, service, or license provided by the federal government, this State, or a political subdivision of this State;
(2) verifying any claim of residence or domicile, if determination of residence or domicile is required under the laws of this State or a judicial order issued pursuant to a civil or criminal proceeding in this State;
(3) determining whether an alien is in compliance with the federal registration laws prescribed by Chapter 7, Title II of the federal Immigration and Nationality Act; or
(4) pursuant to 8 U.S.C. Section 1373 and 8 U.S.C. Section 1644.
(F) Nothing in this section must be construed to deny a person bond or from being released from confinement when such person is otherwise eligible for release. However, pursuant to the provisions of Section 17-15-30, a court setting bond shall consider whether the person charged is an alien unlawfully present in the United States." /
Renumber sections to conform
Amend title to conform.