Section 679.10 Of Title 17. Rights Of Victims And Witnesses Of Crime From California Penal Code >> Title 17. >> Part 1.
679.10
. (a) For purposes of this section, a "certifying entity" is
any of the following:
(1) A state or local law enforcement agency.
(2) A prosecutor.
(3) A judge.
(4) Any other authority that has responsibility for the detection
or investigation or prosecution of a qualifying crime or criminal
activity.
(5) Agencies that have criminal detection or investigative
jurisdiction in their respective areas of expertise, including, but
not limited to, child protective services, the Department of Fair
Employment and Housing, and the Department of Industrial Relations.
(b) For purposes of this section, a "certifying official" is any
of the following:
(1) The head of the certifying entity.
(2) A person in a supervisory role who has been specifically
designated by the head of the certifying entity to issue Form I-918
Supplement B certifications on behalf of that agency.
(3) A judge.
(4) Any other certifying official defined under Section 214.14 (a)
(2) of Title 8 of the Code of Federal Regulations.
(c) "Qualifying criminal activity" means qualifying criminal
activity pursuant to Section 101(a)(15)(U)(iii) of the Immigration
and Nationality Act which includes, but is not limited to, the
following crimes:
(1) Rape.
(2) Torture.
(3) Human trafficking.
(4) Incest.
(5) Domestic violence.
(6) Sexual assault.
(7) Abusive sexual conduct.
(8) Prostitution.
(9) Sexual exploitation.
(10) Female genital mutilation.
(11) Being held hostage.
(12) Peonage.
(13) Perjury.
(14) Involuntary servitude.
(15) Slavery.
(16) Kidnaping.
(17) Abduction.
(18) Unlawful criminal restraint.
(19) False imprisonment.
(20) Blackmail.
(21) Extortion.
(22) Manslaughter.
(23) Murder.
(24) Felonious assault.
(25) Witness tampering.
(26) Obstruction of justice.
(27) Fraud in foreign labor contracting.
(28) Stalking.
(d) A "qualifying crime" includes criminal offenses for which the
nature and elements of the offenses are substantially similar to the
criminal activity described in subdivision (c), and the attempt,
conspiracy, or solicitation to commit any of those offenses.
(e) Upon the request of the victim or victim's family member, a
certifying official from a certifying entity shall certify victim
helpfulness on the Form I-918 Supplement B certification, when the
victim was a victim of a qualifying criminal activity and has been
helpful, is being helpful, or is likely to be helpful to the
detection or investigation or prosecution of that qualifying criminal
activity.
(f) For purposes of determining helpfulness pursuant to
subdivision (e), there is a rebuttable presumption that a victim is
helpful, has been helpful, or is likely to be helpful to the
detection or investigation or prosecution of that qualifying criminal
activity, if the victim has not refused or failed to provide
information and assistance reasonably requested by law enforcement.
(g) The certifying official shall fully complete and sign the Form
I-918 Supplement B certification and, regarding victim helpfulness,
include specific details about the nature of the crime investigated
or prosecuted and a detailed description of the victim's helpfulness
or likely helpfulness to the detection or investigation or
prosecution of the criminal activity.
(h) A certifying entity shall process an I-918 Supplement B
certification within 90 days of request, unless the noncitizen is in
removal proceedings, in which case the certification shall be
processed within 14 days of request.
(i) A current investigation, the filing of charges, and a
prosecution or conviction are not required for the victim to request
and obtain the Form I-918 Supplement B certification from a
certifying official.
(j) A certifying official may only withdraw the certification if
the victim refuses to provide information and assistance when
reasonably requested.
(k) A certifying entity is prohibited from disclosing the
immigration status of a victim or person requesting the Form I-918
Supplement B certification, except to comply with federal law or
legal process, or if authorized by the victim or person requesting
the Form I-918 Supplement B certification.
(l) A certifying entity that receives a request for a Form I-918
Supplemental B certification shall report to the Legislature, on or
before January 1, 2017, and annually thereafter, the number of
victims that requested Form I-918 Form B certifications from the
entity, the number of those certification forms that were signed, and
the number that were denied. A report pursuant to this subdivision
shall comply with Section 9795 of the Government Code.