03/13/2017 City Council Agenda - Laserfiche WebLink

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ATTACHMENT A ORDINANCE NO. AN ORDINANCE CONCERNING PROTECTIONS FOR INDIVIDUALS AND ADDING SECTIONS 2.495 AND 2.497 TO THE EUGENE CODE, 1971. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Sections 2.495 and 2.497 are added to the Eugene Code, 1971, to provide as follows: 2.495 Protections for Individuals. (1) The city shall not use city law enforcement moneys, equipment or personnel for the purpose of detecting or apprehending persons whose only violation of law is that they are persons of foreign citizenship present in the United States in violation of federal immigration laws. (2) Notwithstanding subsection (1) of this section, city law enforcement personnel may exchange information with the United States Bureau of Immigration and Customs Enforcement, the United States Bureau of Citizenship and Immigration Services and the United States Bureau of Customs and Border Protection in order to: (a) Verify the immigration status of a person if the person is arrested for any criminal offense; or (b) Request criminal investigation information with reference to persons named in records of the United States Bureau of Immigration and Customs Enforcement, the United States Bureau of Citizenship and Immigration Services or the United States Bureau of Customs and Border Protection. (3) Notwithstanding subsection (1) of this section, city law enforcement personnel may arrest any person who: (a) Is charged by the United States with a criminal violation of federal immigration laws under Title II of the Immigration and Nationality Act or 18 U.S.C. 1015, 1422 to 1429 or 1505; and (b) Is subject to arrest for the crime pursuant to a warrant of arrest issued by a federal magistrate. (4) As used in this section, "warrant of arrest" has the meaning given that term in ORS 131.005. (5) All non -law enforcement personnel working for the city also shall not use city moneys, equipment or personnel for the purpose of detecting or apprehending persons whose only violation of law is that they are persons of foreign citizenship present in the United States in violation of federal immigration laws. 2.497 Information Not to Be Collected or Maintained. (1) No city law enforcement personnel may collect or maintain information about the political, religious or social views, associations or activities of any individual, group, association, organization, corporation, business or partnership unless such information directly relates to an investigation of Ordinance — Page 1 Corrected Version