§ 27-9-4. Solicitation of immigration status by public servants, who are police officers, prohibited; exceptions.

(a)

A public servant, who is a police officer.

(1)

Shall not solicit information concerning immigration status for the purpose of ascertaining a person's compliance with federal immigration law; or

(2)

Shall not solicit information concerning immigration status from a person who is seeking police services, or is a victim, or is a witness.

(b)

Notwithstanding the prohibitions set forth in subsection (a) of this section, public servants, who are police officers, are expressly permitted to engage in the following activities, which shall not constitute a violation of this article:

(1)

Solicitation of information concerning immigration status when performing public safety functions while assisting federal law enforcement in the investigation of a criminal offense; or

(2)

Solicitation of information concerning immigration status from the subject of an investigation only when relevant to the investigation or prosecution of a criminal offense, or when processing an arrested person.

(Ord. No. 10-07, § 1, 5-9-07)