By Ellis                                               S.B. No. 794
         77R2041 ATP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the right of a foreign national to contact a foreign
 1-3     consular official.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Article 15.17, Code of Criminal Procedure, is
 1-6     amended by adding Subsection (e) to read as follows:
 1-7           (e)(1)  If a magistrate knows or suspects that a person
 1-8     brought before the magistrate after an arrest is a foreign
 1-9     national, the magistrate shall inform the person that after an
1-10     arrest a foreign national has a right to communicate with an
1-11     official from the consulate of the person's country. If the person
1-12     chooses to exercise the right to communicate with the consular
1-13     official, the magistrate shall notify an official of the penal
1-14     institution in which the person is confined that the person wants a
1-15     foreign consular official to be notified. The official of the penal
1-16     institution shall allow the person  to communicate with, correspond
1-17     with, and be visited by a consular official of the person's
1-18     country.
1-19                 (2)  In providing a foreign national with rights
1-20     described by Subdivision (1), the magistrate and official of the
1-21     penal institution shall comply with policies and procedures adopted
1-22     by the United States Department of State that apply to the
1-23     notification of foreign consular officials on the arrest of foreign
1-24     nationals.
 2-1           SECTION 2. Section 1701.253, Occupations Code, is amended by
 2-2     adding Subsection (e) to read as follows:
 2-3           (e)  As part of the minimum curriculum requirements, the
 2-4     commission shall establish a statewide comprehensive education and
 2-5     training program on the requirements for handling the arrest and
 2-6     detention of a foreign national as provided by Article 15.17(e),
 2-7     Code of Criminal Procedure.
 2-8           SECTION 3. (a)  The Commission on Law Enforcement Officer
 2-9     Standards and Education shall establish the curriculum for a
2-10     comprehensive education and training program for peace officers as
2-11     required by Section 1701.253(e), Occupations Code, as added by this
2-12     Act, on or before January 1, 2002.
2-13           (b)  For persons who are licensed peace officers on September
2-14     1, 2001, the first course required under Section 1701.253(e),
2-15     Occupations Code, as added by this Act, must be completed before
2-16     September 1, 2003.
2-17           SECTION 4. This Act takes effect September 1, 2001.