SRC-MWN S.B. 794 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 794
77R2041 ATP-DBy: Ellis, Rodney
Criminal Justice
3/29/2001
As Filed


DIGEST AND PURPOSE 

Under the Vienna Convention on Consular Relations, United States
authorities are required to inform foreign nationals of their right to
contact consular authorities and to provide the opportunity to consult with
those officials, as well as in some case to inform the officials directly. 
As proposed, S.B. 794 requires the magistrate to notify and inform the
defendant of the right to communicate with his or her consular officials. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 15.17, Code of Criminal Procedure, by adding
Subsection (e), as follows: 

(e)(1) Requires the magistrate, if the magistrate knows or suspects that a
person brought before the magistrate after an arrest is a foreign national,
to inform the person that after an arrest a foreign national has a right to
communicate with an official from the consulate of the person's country.
Requires the magistrate, if the person chooses to exercise the right to
communicate with the consular official, to notify an official of the penal
institution in which the person is confined that the person wants a foreign
consular official to be notified. Requires the official of the penal
institution to allow the person to communicate with, correspond with, and
be visited by a consular official of the person's's country.  

(2) Requires the magistrate and official of the penal institution, in
providing a foreign national with rights described by Subdivision (1), to
comply with policies and procedures adopted by the United States Department
of State that apply to the notification of foreign consular officials on
the arrest of foreign nationals. 

SECTION 2. Amends Section 1701.253, Occupations Code, by adding Subsection
(e), to require the Commission on Law Enforcement Officer Standards and
Education (commission), as part of the minimum curriculum requirements, to
establish a statewide comprehensive education and training program on the
requirements for handling the arrest and detention of a foreign national as
provided by Article 15.17(e) (Duties of Arresting Officer and Magistrate),
Code of Criminal Procedure. 

SECTION 3. Requires the Commission on Law Enforcement Officer Standards and
Education to establish the curriculum for a comprehensive education and
training program for peace officers as required by Section 1701.253(e),
Occupations Code, as added by this Act, on or before January 1, 2002.
Provides that for persons who are licensed peace officers on September 1,
2001, the first course required under Section 1701.253(e), Occupations
Code, as added by this Act, is required to be completed before September 1,
2003. 

 SECTION 4. Effective date: September 1, 2001.