Immigration enforcement: polling places and child daycare facilities.

Plain English Breakdown

The official source material does not provide specific details about enforcement mechanisms or penalties for violations by daycare facility employees.

Rules to Protect Polling Places and Child Daycare Facilities

AB-2230 makes it illegal for unauthorized individuals, including those pretending to be law enforcement officers, to stand near polling places or child daycare facilities without proper authorization.

What This Bill Does

• Makes it a felony crime for anyone who displays clothing that reasonably conveys an association with any local, state, or federal law enforcement agency to stand near voting places without permission from the appropriate elections official.
• Expands this rule to apply to real police officers and creates exceptions for them when responding to emergencies or voting themselves.
• Prohibits immigration and other federal law enforcement agents from being close to polling places.
• Forbids immigration enforcement personnel from standing within 100 feet of the entrance of a licensed child daycare facility without a valid reason, except if they are doing tasks related to their own children.
• Requires daycare facility employees to not let in anyone conducting immigration checks unless they have proper legal papers.

Who It Names or Affects

• People who display clothing that reasonably conveys an association with any local, state, or federal law enforcement agency near voting places without permission from the appropriate elections official.
• Real police officers and federal law enforcement agencies.
• Immigration enforcement personnel.
• Employees of licensed child daycare facilities.

Terms To Know

Felony

A serious crime that can lead to a long prison sentence or large fines.

Immigration Enforcement Personnel

People who work for agencies responsible for enforcing immigration laws.

Limits and Unknowns

• The bill does not specify what happens if someone breaks these rules.
• It is unclear how this law will be enforced and what penalties might apply to daycare facility employees who do not follow the new rules.

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
make that crime a felony, punishable by a fine up to $10,000 and imprisonment for 2, 3, or 5 years. The bill would also expand the crime to apply to any person who displays a uniform or other clothing or insignia that reasonably conveys an association with any local, state, or federal law enforcement agency. The bill would create an exception for a peace officer who is responding to a presently occurring violent crime, responding to
an immediate threat to the life or health of others at the polling place, or casting a vote. The bill would prohibit an elections official from authorizing any agency or officer responsible for immigration enforcement or federal law enforcement to be stationed or posted in the immediate vicinity of a polling place.
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, prohibit immigration enforcement personnel from being stationed within 100 feet of the entrance of a licensed child daycare facility, except if the immigration enforcement personnel is doing tasks related to the immigration enforcement personnel’s own children. The bill would make a violation of this provision by an
immigration enforcement personnel a felony, punishable by a fine up to $10,000 and imprisonment for 2, 3, or 5 years. The
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
creating a new
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.

Current Bill Text

Download Bill PDF