The bill establishes that no individual unlawfully present in the United States shall receive any state or local public benefits, with exceptions mandated by federal law. It requires individuals aged 18 and older applying for public benefits to provide proof of citizenship or lawful presence, which must include specific documentary evidence. Additionally, state and local agencies are mandated to verify the lawful presence of applicants through a federal program before granting any public benefits. The bill also clarifies that reduced tuition and fees at postsecondary institutions are not available to those unlawfully present.

Furthermore, the bill amends existing law regarding the conditions of release for individuals charged with a crime. It introduces a requirement for the verification of immigration status for non-citizens and establishes a rebuttable presumption that individuals unlawfully present are at risk of flight. The bill allows for the possibility of release on one's own recognizance without cash deposit if the individual is not deemed a flight risk or a threat to public safety. It also includes provisions for the magistrate to consider various factors when determining release conditions, including the individual's immigration status and history. The bill concludes with a severability clause and repeals a previous statute related to the same subject.

Statutes affected:
As introduced: 76-731a, 22-2802
As Amended by Senate Committee: 76-731a, 22-2802