S.B. No. 279 AN ACT 1-1 relating to the identification of inmates of the Texas Department 1-2 of Criminal Justice and other convicted persons as illegal criminal 1-3 aliens. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 493, Government Code, is amended by 1-6 adding Section 493.015 to read as follows: 1-7 Sec. 493.015. IDENTIFICATION OF DEPORTABLE ALIENS. (a) In 1-8 this section, "illegal criminal alien" means an alien who has been 1-9 convicted of a felony and is in the custody of the state and who: 1-10 (1) entered the United States without inspection or at 1-11 any time or any place other than as designated by the United States 1-12 Attorney General; 1-13 (2) was admitted as a nonimmigrant and, before the 1-14 date of the commission of the crime, had failed to maintain the 1-15 nonimmigrant status under which the alien was admitted or to which 1-16 it was changed under Section 248, Immigration and Nationality Act 1-17 (8 U.S.C. Section 1258), or to comply with the conditions of the 1-18 alien's status; or 1-19 (3) is a Marielito Cuban as defined in Section 501, 1-20 Immigration Reform and Control Act of 1986 (8 U.S.C. Section 1365). 1-21 (b) The department shall identify those inmates who are 1-22 imprisoned in the institutional division or confined in a transfer 1-23 facility, a substance abuse treatment facility, a state jail felony 1-24 facility, or a county jail awaiting transfer to the institutional 2-1 division and for whom the department is unable to reasonably 2-2 ascertain whether or not the person is an illegal criminal alien. 2-3 (c) In attempting to ascertain whether an inmate is an 2-4 illegal criminal alien, the department may take into account a 2-5 statement of noncitizenship made to the department by the inmate or 2-6 any information in the criminal history record information 2-7 maintained on the inmate, including information developed in 2-8 presentence investigation reports that may reflect place of birth, 2-9 registration with the Social Security Administration, or work 2-10 history. 2-11 (d) The department shall promptly notify the United States 2-12 Immigration and Naturalization Service of any inmate determined by 2-13 the department to be an illegal criminal alien and request the 2-14 assistance of the Immigration and Naturalization Service, if 2-15 necessary, in determining whether or not the person is an illegal 2-16 criminal alien. 2-17 (e) The department shall promptly notify the criminal 2-18 justice division of the governor's office of any inmate determined 2-19 by the department or by the Immigration and Naturalization Service 2-20 to be an illegal criminal alien, and the criminal justice division 2-21 of the governor's office shall apply to the federal government for 2-22 any funds due the state for criminal justice costs incurred with 2-23 respect to an illegal criminal alien. 2-24 (f) Federal funds received for criminal justice costs 2-25 incurred with respect to an illegal criminal alien shall be 2-26 deposited to the credit of the general revenue fund. 2-27 (g) The department shall cooperate with the Immigration and 3-1 Naturalization Service in implementing an efficient system for the 3-2 deportation of illegal criminal aliens on completion of the 3-3 inmates' sentences or release of the inmates on parole or mandatory 3-4 supervision. The department shall consider: 3-5 (1) designating facilities or units within the 3-6 department as central locations to hold inmates who are illegal 3-7 criminal aliens for the period immediately preceding release on 3-8 parole or mandatory supervision; and 3-9 (2) providing two-way closed circuit communications 3-10 systems and other technology that will assist the state and the 3-11 federal government in ensuring the timely and efficient deportation 3-12 of illegal criminal aliens on the release of those aliens from 3-13 imprisonment or confinement under the authority of the department. 3-14 SECTION 2. Chapter 2, Code of Criminal Procedure, is amended 3-15 by adding Article 2.25 to read as follows: 3-16 Art. 2.25. REPORTING CERTAIN ALIENS TO FEDERAL GOVERNMENT. 3-17 A judge shall report to the United States Immigration and 3-18 Naturalization Service a person who has been convicted in the 3-19 judge's court of a crime or has been placed on deferred 3-20 adjudication for a felony and is an illegal criminal alien as 3-21 defined by Section 493.015(a), Government Code. 3-22 SECTION 3. The importance of this legislation and the 3-23 crowded condition of the calendars in both houses create an 3-24 emergency and an imperative public necessity that the 3-25 constitutional rule requiring bills to be read on three several 3-26 days in each house be suspended, and this rule is hereby suspended, 3-27 and that this Act take effect and be in force from and after its 4-1 passage, and it is so enacted.