No. SB 1316
Filed under Criminal Justice.
Injunctions for Protection Against Marriage Fraud; Defining the term “marriage fraud”; creating a cause of action for an injunction for protection in cases of marriage fraud; authorizing a person who is the victim of marriage fraud to file a petition for such an injunction, regardless of any other available or pending petition, complaint, or cause of action; prohibiting the clerk of the court from charging a filing fee for such petitions; requiring a court to set a hearing upon the filing of such petition, etc.
Plain English Summary
AI-GENERATEDThe bill creates a new cause of action for an injunction for protection against marriage fraud. It allows a victim to file a verified petition in circuit court to seek a court order enjoining the respondent from committing acts of violence, manipulation, abuse, coercion, or emotional or financial harm.
The definition of marriage fraud is limited to a specific scenario. It means knowingly entering into a marriage for the purpose of evading immigration laws and engaging in acts of violence, manipulation, abuse, coercion, or emotional or financial harm, when the perpetrator is a person who is not a citizen of the United States.
The bill removes financial and legal barriers to filing. The clerk of the court may not charge a fee for filing a petition, and a bond may not be required by the court for the entry of an injunction. Additionally, the cause of action does not require that the petitioner be represented by an attorney.
Violating the injunction carries criminal penalties. A person who willfully violates the injunction commits a misdemeanor of the first degree. If a person has two or more prior convictions for violating an injunction against the same victim and commits another violation, it becomes a felony of the third degree.
AICreates a new civil cause of action allowing victims of marriage fraud to seek protective injunctions in circuit court, independent of any criminal charges or other pending cases.
AIDefines marriage fraud as knowingly entering a marriage to evade immigration laws while committing violence, manipulation, abuse, coercion, or emotional or financial harm, limited to non-citizen perpetrators.
AIProhibits courts from charging filing fees or requiring bonds for marriage fraud injunction petitions, and requires clerks to provide forms and assistance to unrepresented petitioners.
AIMakes willful violation of a marriage fraud injunction a first-degree misdemeanor, escalating to a third-degree felony for repeat offenders against the same victim.
AIRequires clerks to electronically transmit injunctions to local sheriffs and the State Board of Immigration Enforcement within 24 hours, triggering coordinated state and federal enforcement.