California Repeal Proposition 187 Crime to Use False Documents to Conceal Citizenship Status Measure (June 2018)

California Repeal Proposition 187 Crime to Use False Documents to Conceal Citizenship Status Measure
Election date June 5, 2018
Topic Immigration and Law enforcement
Status Not on the ballot
Type State statute	Origin State legislature
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The California Repeal Proposition 187 Crime to Use False Documents to Conceal Citizenship Status Measure was not on the ballot in California as a legislatively referred state statute on June 5, 2018.

The measure would have repealed a provision of Proposition 187, which voters passed in 1994, that made using false documents to conceal one's citizenship or resident alien status a felony punishable by five years in prison or a fine of $25,000. The measure would have also repealed a provision making the act of manufacturing, distributing, or selling false documents to conceal an individual's citizenship or resident alien status a felony punishable by five years in prison or a fine of $75,000.

Text of measure

Full text

The measure would have repealed two provisions of Proposition 187 – Section 113 and Section 114 of the California Penal Code. The following text would have been deleted from the Penal Code:

113. Any person who manufactures, distributes or sells false documents to conceal the true citizenship or resident alien status of another person is guilty of a felony, and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for five years or by a fine of seventy-five thousand dollars ($75,000). 114. Any person who uses false documents to conceal his or her true citizenship or resident alien status is guilty of a felony, and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for five years or by a fine of twenty-five thousand dollars ($25,000).

Support

Asm. Raul Bocanegra (D-39), who sponsored the measure in the legislature, said:

“

Prop. 187 was an ill-intentioned, unconstitutional initiative that specifically targeted undocumented immigrants. Unfortunately, our federal government has failed to learn from past mistakes in our history. AB 222 reiterates the Legislature’s commitment to protecting California’s immigrant community, and also offers redemption from the voters to repeal these discriminatory laws at the ballot box. ... Today, if an underage college student uses a fake ID to purchase a six-pack of beer, he or she can be charged with a misdemeanor. However, if an immigrant is caught using that same fake ID, he or she is automatically charged with a felony and is subject to five years in prison. AB 222 will treat people equally, and will no longer take into account someone’s immigration status.

”

Path to the ballot

See also: Laws governing legislative alteration in California

The California State Legislature's bill for this proposed measure was Assembly Bill 222 (AB 222). AB 222 would have repealed two provisions of Proposition 187, which voters approved in 1994. The California State Legislature is required to submit changes to ballot initiatives to voters for approval or rejection. As AB 222 would have amended Proposition 187, the bill would have required a public vote as a referred statute.

On January 26, 2017, AB 222 was introduced into the state Legislature. On June 1, 2017, the California Assembly approved the bill 54 to 21 with five members not voting.

On June 27, 2017, the Senate Public Safety Committee voted 5 to 2 to pass an amended version of AB 222. The amended AB 222 would place the measure on the ballot for the election on November 3, 2020, rather than at the next statewide election 131 days after bill's adoption. The bill was moved to the legislature's inactive file on September 13, 2017.

September 15, 2017, was the last day of the 2017 regular legislative session that the state Legislature was allowed to pass bills.

Assembly vote

June 1, 2017

California AB 222 Assembly Vote
Result		Votes	Percentage
a Yes		54	72.00%
No		21	28.00%

See also

Suggest a link

• 2018 ballot measures
• California 2018 ballot measures
• California Legislature
• Immigration on the ballot

External links

• Assembly Bill 222