HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE SUBSTITUTE NO. 1

FOR

HOUSE BILL NO. 94

AN ACT AMENDING TITLES 10 AND 11 OF THE DELAWARE CODE RELATING TO LAW ENFORCEMENT COOPERATION IN FEDERAL IMMIGRATION ENFORCEMENT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 21, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 2115. Federal agency cooperation; restrictions.

(a) For the purposes of this section:

(1) “Child-serving entity” means as defined in § 309 of Title 31.

(2) “Health-care facility” means an institution, office, facility, or agency that provides health care in the ordinary course of business, whether operated for profit or nonprofit and whether privately owned or operated or owned or operated by a unit of State or local government. Health-care facility includes:

a. Hospitals and licensed medical facilities.

b. Continual care communities and any other nontraditional, long-term care facilities identified by the Department of Health and Social Services or the Delaware Health Care Commission.

c. Any custodial or residential facility where health, nutritional, or personal care is provided for individuals, including nursing homes, home health-care facilities, and adult day-care facilities.

d. Any physician’s office, whether an individual or group practice.

e. Any independent clinical laboratory or any radiology laboratory.

f. The office of any other licensed health-care provider, including a physical therapist, dentist, physician assistant, podiatrist, chiropractor, independently practicing nurse or nurse practitioner, optometrist, pharmacist, or psychologist.

(b) A constable may not cooperate with a federal agency in activity at child-serving entities, higher education institutions, places of worship, or health-care facilities that relates to civil immigration enforcement unless the specific cooperation requested by the federal agency is first authorized by the Delaware Attorney General.

(c) Authorization under subsection (b) of this section must be requested by the supervising authority of the constable seeking authorization for cooperation. The request for cooperation must:

(1) Be in writing.

(2) Be submitted at least 72 hours prior to the date of the activity.

(3) State the name of the enforcement agency making the request.

(4) State the reason for the request.

(5) Provide the dates and duration of the activity.

(6) Give a detailed description of the scope of the activity, including:

a. The purpose of the activity.

b. A list of records sought.

c. The names of individuals who may be impacted by the activity.

d. The manner in which the activity will be carried out.

(d) The Delaware Attorney General must respond to the request for cooperation within 48 hours after the request is received. If the Delaware Attorney General does not respond to the request within 48 hours, then the request is authorized.

Section 2. Amend Part V, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

Chapter 84B. FEDERAL AGENCY COOPERATION

§ 8401B. Definitions.

For purposes of this chapter:

(1) “Child-serving entity” means as defined in § 309 of Title 31.

(2) “Health-care facility” means an institution, office, facility, or agency that provides health care in the ordinary course of business, whether operated for profit or nonprofit and whether privately owned or operated or owned or operated by a unit of State or local government. Health-care facility includes:

a. Hospitals and licensed medical facilities.

b. Continual care communities and any other nontraditional, long-term care facilities identified by the Department of Health and Social Services or the Delaware Health Care Commission.

c. Any custodial or residential facility where health, nutritional, or personal care is provided for individuals, including nursing homes, home health-care facilities, and adult day-care facilities.

d. Any physician’s office, whether an individual or group practice.

e. Any independent clinical laboratory or any radiology laboratory.

f. The office of any other licensed health-care provider, including a physical therapist, dentist, physician assistant, podiatrist, chiropractor, independently practicing nurse or nurse practitioner, optometrist, pharmacist, or psychologist.

(3) “Police officer” means as defined in § 8401 of this title.

§ 8402B. Federal agency cooperation; restrictions.

(a) No police officer may cooperate with a federal agency in activity at child-serving entities, higher education institution, churches, or health-care facilities that relates to civil immigration enforcement unless the specific cooperation requested by the federal agency is first approved by the Delaware Attorney General.

(b) Authorization under subsection (a) of this section must be requested by the supervising authority of the police officer seeking authorization for cooperation. The request for cooperation must:

(1) Be in writing.

(2) Be submitted at least 72 hours prior to the date of the activity.

(3) State the name of the enforcement agency making the request.

(4) Stated the reason for the request.

(5) Provide the dates and duration of the activity.

(6) Give a detailed description of the scope of the activity, including:

a. The purpose of the activity.

b. A list of records sought.

c. The names of individuals who may be impacted by the activity.

d. The manner in which the activity will be carried out.

(c) The Delaware Attorney General must respond to the request for cooperation within 48 hours after the request is received. If the Delaware Attorney General does not respond to the request within 48 hours of receipt of the request, then the request is authorized.

SYNOPSIS

This Act restricts law enforcement from cooperating with federal agencies conducting civil immigration enforcement activities at child-serving entities, places of worship, or health-care facilities without permission from the Attorney General.

This Act only applies to State and local law enforcement and does not apply to or restrict the actions of federal law enforcement officers or agents. This Act does not apply to requests for or existing agreements for cooperation relating to criminal matters or civil matters that are not related to immigration enforcement. This Act does not restrict State or local law enforcement from cooperating in activities related to criminal immigration enforcement matters.

This Act does not create any liability for State or local law enforcement.

This Act is a substitute for and differs from HB 94 by broadening the types of facilities where state and local police or constable cooperation in civil law enforcement is limited and defining definitions of those facility types. This substitute also imposes a 48 hour deadline on the AG to respond to requests for cooperation and clarifies that if a request is not responded to within that time the request is authorized.