Rep. Norma Hernandez

Filed: 3/23/2026

 

 


 

 


 
10400HB4685ham001LRB104 19430 RLC 35880 a

1
AMENDMENT TO HOUSE BILL 4685

2    AMENDMENT NO. ______. Amend House Bill 4685 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by adding
5Section 10-3.2 as follows:
 
6    (720 ILCS 5/10-3.2 new)
7    Sec. 10-3.2. Unlawful restraint for civil immigration
8purposes.
9    (a) As used in this Section:
10    "Civil immigration enforcement" means the execution or
11attempted execution of any arrests or detentions solely for
12the objective of enforcing non-criminal federal immigration
13laws. "Civil immigration enforcement" does not include actions
14related to the enforcement of federal criminal charges or the
15execution or attempted execution of a federal criminal
16warrant.

 

 

10400HB4685ham001- 2 -LRB104 19430 RLC 35880 a

1    "Immigration agent" means:
2        (1) an agent of federal Immigration and Customs
3    Enforcement, federal Customs and Border Protection, or any
4    similar or successor agency; or
5        (2) any other individual employed by any other
6    government agency to which the federal government has
7    granted the authority to arrest or detain individuals or
8    manage custody of detained individuals for purposes of
9    civil immigration enforcement while acting in that
10    capacity or conducting investigations or enforcement
11    pursuant to that power.
12    (b) A person commits unlawful restraint for civil
13immigration purposes when he or she knowingly:
14        (1) detains another person for the purpose of civil
15    immigration enforcement;
16        (2) by force or threat of imminent force transfers
17    another person from one place to another with the intent
18    to detain the other person for civil immigration
19    enforcement;
20        (3) by deceit or enticement induces another person to
21    transfer from one place to another with intent to detain
22    the other person for civil immigration enforcement; or
23        (4) uses a deadly weapon while detaining or
24    transferring another person from one place to another with
25    the intent to detain the other person for civil
26    immigration enforcement.

 

 

10400HB4685ham001- 3 -LRB104 19430 RLC 35880 a

1    (c) This Section does not apply to any immigration agent
2or other law enforcement officer.
3    (d) Sentence. A violation of paragraph (1), (2), or (3) of
4subsection (b) is a Class 4 felony. A violation of paragraph
5(4) of subsection (b) is a Class 3 felony.".