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Full Text of HB4685
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HB4685 - 104th General Assembly
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House Amendment 001
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4685
Introduced , by Rep. Norma Hernandez
SYNOPSIS AS INTRODUCED:
720 ILCS 5/10-3.2 new
Amends the Criminal Code of 2012. Creates the offense of unlawful
restraint for civil immigration enforcement. Provides that a person
commits the offense when he or she knowingly and without express legal
authority from an immigration agent: (1) detains another for the purpose
of civil immigration enforcement; (2) by force or threat of imminent force
transfers another person from one place to another with the intent to
detain the other person for civil immigration enforcement; (3) by deceit
or enticement induces another person to transfer from one place to another
with intent to detain the other person for civil immigration enforcement;
or (4) uses a deadly weapon while detaining or transferring another person
from one place to another with the intent to detain the other person for
civil immigration enforcement. Provides that the offense does not apply to
any immigration agent. Provides that a violation is a Class 4 felony,
except when the person uses a deadly weapon while detaining or
transferring another person from one place to another with the intent to
detain the other person for civil immigration enforcement, a violation is
a Class 3 felony.
LRB104 19430 RLC 32878 b
A BILL FOR
HB4685
LRB104 19430 RLC 32878 b
1
AN ACT concerning criminal law.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Criminal Code of 2012 is amended by adding
5
Section 10-3.2 as follows:
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(720 ILCS 5/10-3.2 new)
7
Sec. 10-3.2.
Unlawful restraint for civil immigration
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enforcement.
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(a) As used in this Section:
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"Civil immigration enforcement" means the execution or
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attempted execution of any non-criminal arrests or detentions
12
ordered or authorized by an immigration agent. "Civil
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immigration enforcement" does not include actions related to
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the enforcement of federal criminal charges, or the execution
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or attempted execution of a federal criminal warrant.
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"Express legal authority" means clear oral or written
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instructions from an immigration agent granting an individual
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employed or otherwise acting on behalf of an immigration
19
agency the authorization to detain or transfer a specific
20
individual.
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"Immigration agent" means an agent of federal Immigration
22
and Customs Enforcement, federal Customs and Border
23
Protection, or any similar or successor agency, or any other
HB4685
- 2 -
LRB104 19430 RLC 32878 b
1
individual with the power to arrest or detain individuals or
2
manage custody of detained individuals for purposes of civil
3
immigration enforcement while acting in that capacity or
4
conducting investigations or enforcement pursuant to that
5
power.
6
(b) A person commits unlawful restraint for civil
7
immigration enforcement when he or she knowingly and without
8
express legal authority from an immigration agent:
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(1) detains another for the purpose of civil
10
immigration enforcement;
11
(2) by force or threat of imminent force transfers
12
another person from one place to another with the intent
13
to detain the other person for civil immigration
14
enforcement;
15
(3) by deceit or enticement induces another person to
16
transfer from one place to another with intent to detain
17
the other person for civil immigration enforcement; or
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(4) uses a deadly weapon while detaining or
19
transferring another person from one place to another with
20
the intent to detain the other person for civil
21
immigration enforcement.
22
(c) This Section does not apply to any immigration agent.
23
(d) Sentence. A violation of paragraph (1), (2), or (3) of
24
subsection (b) is a Class 4 felony. A violation of paragraph
25
(4) of subsection (b) is a Class 3 felony.
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