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.