Victims of crime.

Existing federal law provides a petition form to request temporary immigration benefits for a person who is a victim of certain qualifying criminal activity. Existing federal law also provides a supplemental form for certifying that a person submitting a petition for immigration benefits is a victim of certain qualifying criminal activity and is, has been, or is likely to be helpful in the investigation or prosecution of that criminal activity. Existing federal law provides a separate petition form to request temporary immigration benefits for a person who is a victim of human trafficking. Existing federal law provides a supplemental form for certifying that a person submitting this latter petition is a victim of human trafficking and a declaration as to the person's cooperation regarding an investigation or prosecution of human trafficking. Existing state law requires, upon request by specified persons, that a certifying official from a certifying entity, as defined, certify "victim helpfulness" or "victim cooperation" on those supplemental forms, respectively, when the requester was a victim of a qualifying criminal activity or human trafficking, and has, is, or is likely to be helpful or cooperative regarding the investigation or prosecution of that qualifying criminal activity, as specified. Existing law requires the certifying entity to process those supplemental forms within 30 days of the request, unless the noncitizen is in removal proceedings, in which case the certification is required to be processed within 7 days of the request. This bill would clarify that a certifying entity includes the police department of the University of California, a California State University campus, or a school district. This bill would also clarify that a certifying entity shall not refuse to certify on the described forms that the victim has been helpful, solely because the criminal case involved has already been prosecuted or otherwise closed, or because the time to commence criminal action has expired.