§ 4-42-104 — Complaint - Injunction - Time for compliance - Violation

(a) A person residing in a municipality or county who believes a state governmental entity or official has violated § 4-42-103 may file a complaint in chancery court in that person's county of residence. (b) The person filing the complaint has the burden of proving by a preponderance of the evidence that a violation of § 4-42-103 has occurred. (c) If the court finds the state governmental entity or official is in violation of § 4-42-103 , the court shall issue a writ of mandamus against the entity or official ordering the entity or official to comply with § 4-42-103 , enjoin the entity or official from further interference, and take other action to ensure compliance as is within the jurisdiction of the court. (d) A state governmental entity or official has no less than one hundred twenty (120) days from the date of the court's order to comply with the order. If, after one hundred twenty (120) days, the entity or official has not complied with the court's order, the court may take whatever action necessary to enforce compliance. (e) Upon a finding by the court that a state governmental entity or official has adopted or enacted a sanctuary policy, the state governmental entity, or the entity to which the official belongs, becomes ineligible to enter into any grant contract with the department of economic and community development. Ineligibility commences on the date the court finds that the state governmental entity or official is in violation of § 4-42-103 and continues until such time that the court certifies that the sanctuary policy is repealed, rescinded, or otherwise no longer in effect.

Legislative History

Acts 2018, ch. 973, § 1.