1-1 By: Brown, Madla, Harris S.B. No. 279 1-2 (In the Senate - Filed January 23, 1995; January 24, 1995, 1-3 read first time and referred to Committee on Criminal Justice; 1-4 March 8, 1995, rereferred to Committee on Finance; March 20, 1995, 1-5 reported adversely, with favorable Committee Substitute by the 1-6 following vote: Yeas 11, Nays 0; March 20, 1995, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 279 By: Brown 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the identification of inmates of the Texas Department 1-11 of Criminal Justice and other convicted persons as illegal criminal 1-12 aliens. 1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-14 SECTION 1. Chapter 493, Government Code, is amended by 1-15 adding Section 493.015 to read as follows: 1-16 Sec. 493.015. IDENTIFICATION OF DEPORTABLE ALIENS. (a) In 1-17 this section, "illegal criminal alien" means an alien who has been 1-18 convicted of a felony and is in the custody of the state and who: 1-19 (1) entered the United States without inspection or at 1-20 any time or any place other than as designated by the United States 1-21 Attorney General; 1-22 (2) was admitted as a nonimmigrant and, before the 1-23 date of the commission of the crime, had failed to maintain the 1-24 nonimmigrant status under which the alien was admitted or to which 1-25 it was changed under Section 248, Immigration and Nationality Act 1-26 (8 U.S.C. Section 1258), or to comply with the conditions of the 1-27 alien's status; or 1-28 (3) is a Marielito Cuban as defined in Section 501, 1-29 Immigration Reform and Control Act of 1986 (8 U.S.C. Section 1365). 1-30 (b) The department shall identify those inmates who are 1-31 imprisoned in the institutional division or confined in a transfer 1-32 facility, a substance abuse treatment facility, a state jail felony 1-33 facility, or a county jail awaiting transfer to the institutional 1-34 division and for whom the department is unable to reasonably 1-35 ascertain whether or not the person is an illegal criminal alien. 1-36 (c) In attempting to ascertain whether an inmate is an 1-37 illegal criminal alien, the department may take into account a 1-38 statement of noncitizenship made to the department by the inmate or 1-39 any information in the criminal history record information 1-40 maintained on the inmate, including information developed in 1-41 presentence investigation reports that may reflect place of birth, 1-42 registration with the Social Security Administration, or work 1-43 history. 1-44 (d) The department shall promptly notify the United States 1-45 Immigration and Naturalization Service of any inmate determined by 1-46 the department to be an illegal criminal alien and request the 1-47 assistance of the Immigration and Naturalization Service, if 1-48 necessary, in determining whether or not the person is an illegal 1-49 criminal alien. 1-50 (e) The department shall promptly notify the criminal 1-51 justice division of the governor's office of any inmate determined 1-52 by the department or by the Immigration and Naturalization Service 1-53 to be an illegal criminal alien, and the criminal justice division 1-54 of the governor's office shall apply to the federal government for 1-55 any funds due the state for criminal justice costs incurred with 1-56 respect to an illegal criminal alien. 1-57 (f) Federal funds received for criminal justice costs 1-58 incurred with respect to an illegal criminal alien shall be 1-59 deposited to the credit of the general revenue fund. 1-60 (g) The department shall cooperate with the Immigration and 1-61 Naturalization Service in implementing an efficient system for the 1-62 deportation of illegal criminal aliens on completion of the 1-63 inmates' sentences or release of the inmates on parole or mandatory 1-64 supervision. The department shall consider: 1-65 (1) designating facilities or units within the 1-66 department as central locations to hold inmates who are illegal 1-67 criminal aliens for the period immediately preceding release on 1-68 parole or mandatory supervision; and 2-1 (2) providing two-way closed circuit communications 2-2 systems and other technology that will assist the state and the 2-3 federal government in ensuring the timely and efficient deportation 2-4 of illegal criminal aliens on the release of those aliens from 2-5 imprisonment or confinement under the authority of the department. 2-6 SECTION 2. Chapter 2, Code of Criminal Procedure, is amended 2-7 by adding Article 2.25 to read as follows: 2-8 Art. 2.25. REPORTING CERTAIN ALIENS TO FEDERAL GOVERNMENT. 2-9 A judge shall report to the United States Immigration and 2-10 Naturalization Service a person who has been convicted in the 2-11 judge's court of a crime and is an illegal criminal alien as 2-12 defined by Section 493.015(a), Government Code. 2-13 SECTION 3. The importance of this legislation and the 2-14 crowded condition of the calendars in both houses create an 2-15 emergency and an imperative public necessity that the 2-16 constitutional rule requiring bills to be read on three several 2-17 days in each house be suspended, and this rule is hereby suspended, 2-18 and that this Act take effect and be in force from and after its 2-19 passage, and it is so enacted. 2-20 * * * * *