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.
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