Official Summary Text
AB 2230, as amended, Ávila Farías.
Immigration enforcement:
polling places and
child daycare facilities.
Under existing law, it is a crime, punishable as either a misdemeanor or a felony, for a person in possession of a firearm, a peace officer, private guard, or security personnel, or any person wearing the uniform of a peace officer, guard, or security personnel, to be stationed in the immediate vicinity of, or posted at, a polling place without authorization from the appropriate elections official.
This bill would also apply that criminal prohibition to an officer or agent of a federal law enforcement agency or any person acting on behalf of a federal law enforcement agency. The bill would define “immediate vicinity” of a polling place for these purposes to mean a building in which a polling place is situated, and 100 feet from any entrance or exit to the building, a parking facility for the building, and the ingress or egress for a vehicle to the parking facility. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child daycare facilities, including daycare centers and daycare homes, by the State Department of Social Services. Under existing law, any person who willfully or repeatedly violates this provision, as specified, is guilty of a misdemeanor. Existing law requires the licensee or administrator of a licensed child daycare facility, as applicable, to report to the State Department of Social Services and Attorney General any requests for information or access to the facility by an officer or employee of a law enforcement agency for the purpose of immigration enforcement.
This bill would, except as required by state or federal law or as required to administer a state or federally supported early care and learning program, prohibit employees of a licensed child daycare facility from allowing an officer or employee of an agency
conducting immigration enforcement to enter a nonpublic area without being presented with a valid judicial warrant or judicial subpoena or a court order. By expanding the application of a crime, this bill would impose a state-mandated local program.
This bill would provide that the provisions of this bill are severable.
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 no reimbursement is required by this act for a specified reason.