BILL REQ. #:  S-0189.3 

Read first time 02/01/2005.   Referred to Committee on Judiciary.

     AN ACT Relating to enforcement of immigration laws; adding a new section to chapter 10.93 RCW; prescribing penalties; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 10.93 RCW to read as follows:
     (1)(a) Unless otherwise required by law or court order, all general or limited authority Washington peace officers or specially commissioned Washington peace officers shall refrain from the enforcement of federal civil immigration laws. General or limited authority Washington peace officers or specially commissioned Washington peace officers shall not single out individuals for legal scrutiny or enforcement activity based solely on their country of origin, religion, ethnicity, or immigration status.
     (b) No general authority Washington law enforcement agency, agency with primary territorial jurisdiction, or primary commissioning agency shall use moneys, resources, or personnel solely for the purpose of detecting or apprehending persons whose only violation of law is or may be a civil immigration violation.
     (c) Subsection (1)(a) and (b) of this section does not apply if the Washington officer has reasonable suspicion to believe that the person was convicted for a felony in this state or any state, the person was deported or left the United States after the felony conviction, and the person is again present in the United States.
     (2) Nothing in this section shall be construed to prohibit any general or limited authority Washington peace officer or specially commissioned Washington peace officer from cooperating with federal immigration authorities when required under federal law.
     (3) Any person who violates subsection (1) of this section shall be liable in a civil action brought by the aggrieved party in the amount of one thousand dollars per violation, all economic damages actually incurred as a direct result of the violation, and for the costs of litigation including reasonable attorneys' fees and costs. The court may award additional damages in an amount determined necessary to ensure the violator's future compliance.

NEW SECTION.  Sec. 2   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 3   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.