CALIFORNIA PENAL CODES PERTAINING TO ILLEGAL’S

Posted by Gordon on May 22, 2010 at 5:30pm

Somehow the current California law is forgotten by the California government and is almost completely unknown by the majority of those living in California. It’s time to reveal and shine the light of truth on our own "California Penal Codes Pertaining To Illegal's"

CALIFORNIA PENAL CODES PERTAINING TO ILLEGAL’S


California Penal Code:

834b. (a) Every law enforcement agency in California shall fully
cooperate with the United States Immigration and Naturalization
Service regarding any person who is arrested if he or she is
suspected of being present in the United States in violation of
federal immigration laws.
(b) With respect to any such person who is arrested, and suspected
of being present in the United States in violation of federal
immigration laws, every law enforcement agency shall do the
following:
(1) Attempt to verify the legal status of such person as a citizen
of the United States, an alien lawfully admitted as a permanent
resident, an alien lawfully admitted for a temporary period of time
or as an alien who is present in the United States in violation of
immigration laws. The verification process may include, but shall not
be limited to, questioning the person regarding his or her date and
place of birth, and entry into the United States, and demanding
documentation to indicate his or her legal status.
(2) Notify the person of his or her apparent status as an alien
who is present in the United States in violation of federal
immigration laws and inform him or her that, apart from any criminal
justice proceedings, he or she must either obtain legal status or
leave the United States.
(3) Notify the Attorney General of California and the United
States Immigration and Naturalization Service of the apparent illegal
status and provide any additional information that may be requested
by any other public entity.
(c) Any legislative, administrative, or other action by a city,
county, or other legally authorized local governmental entity with
jurisdictional boundaries, or by a law enforcement agency, to prevent
or limit the cooperation required by subdivision (a) is expressly
prohibited.


834c. (a) (1) In accordance with federal law and the provisions of
this section, every peace officer, upon arrest and booking or
detention for more than two hours of a known or suspected foreign
national, shall advise the foreign national that he or she has a
right to communicate with an official from the consulate of his or
her country, except as provided in subdivision (d). If the foreign
national chooses to exercise that right, the peace officer shall
notify the pertinent official in his or her agency or department of
the arrest or detention and that the foreign national wants his or
her consulate notified.
(2) The law enforcement official who receives the notification
request pursuant to paragraph (1) shall be guided by his or her
agency's procedures in conjunction with the Department of State
Guidelines Regarding Foreign Nationals Arrested or Detained in the
United States, and make the appropriate notifications to the consular
officers at the consulate of the arrestee.
(3) The law enforcement official in charge of the custodial
facility where an arrestee subject to this subdivision is located
shall ensure that the arrestee is allowed to communicate with,
correspond with, and be visited by, a consular officer of his or her
country.
(b) The 1963 Vienna Convention on Consular Relations Treaty was
signed by 140 nations, including the United States, which ratified
the agreement in 1969. This treaty guarantees that individuals
arrested or detained in a foreign country must be told by police
"without delay" that they have a right to speak to an official from
their country's consulate and if an individual chooses to exercise
that right a law enforcement official is required to notify the
consulate.

Comment by Gordon on May 18, 2010 at 2:50pm
I contacted the Governor's Office but there wasn't a lot of interest. I also placed this in the Californian in the Opinion Section hoping someone may be interested enough to read it, of course that's a wild hope.

Comment by Donny Buckman on May 18, 2010 at 1:48pm
It goes even beyond that. I work for schools, and have a certain protective streak in me. So, one day I saw a drunk staggering toward a bunch of kids walking home from school and called the police to deal with him. Two police happened to be on the street in their car at the time and I waived them over. The man approached one of the police and he had to hold his hand out and push him away to keep from being grappled by him. When the officer asked him where he was from, in Spanish of course, he said he was from Mexico. That was the end of the questioning. The officer didn't ask for an ID or anything. In fact, he gave the drunk a free ride home in the front seat of his squad car.

Comment by Josie on May 18, 2010 at 1:32pm
They're choosing to IGNORE it.