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Amend CSHB 2319 (Committee Printing) as follows:
(1) On page 8, strike lines 25-27 and substitute the following:
(2) there is probable cause to believe the person:
(A) engaged in delinquent conduct or conduct
indicating a need for supervision; or
(B) is a nonoffender who has been taken into
custody and is being held solely for deportation out of the United
States.
(2) On page 12, between lines 14 and 15, insert the
following new SECTIONS to the bill, appropriately numbered, and
renumber the subsequent SECTIONS of the bill accordingly:
SECTION ___. The heading to Section 54.011, Family Code, is
amended to read as follows:
Sec. 54.011. DETENTION HEARINGS FOR STATUS OFFENDERS AND
NONOFFENDERS; PENALTY.
SECTION ___. Section 54.011, Family Code, is amended by
adding Subsection (f) to read as follows:
(f) Except as provided by Subsection (a), a nonoffender,
including a person who has been taken into custody and is being held
solely for deportation out of the United States, may not be detained
for any period of time in a secure detention facility or secure
correctional facility, regardless of whether the facility is
publicly or privately operated. A nonoffender who is detained in
violation of this subsection is entitled to immediate release from
the facility and may bring a civil action for compensation for the
illegal detention against any person responsible for the detention.
A person commits an offense if the person knowingly detains or
assists in detaining a nonoffender in a secure detention facility
or secure correctional facility in violation of this subsection.
An offense under this subsection is a Class B misdemeanor.
(3) On page 64, line 1, strike "(d) and (e)" and substitute
"(d), (e), and (g)".
(4) On page 64, line 15, strike "Sections 20, 34, and 51 of
this Act" and substitute "Section 54.051, Family Code, Article
62.13, Code of Criminal Procedure, and Section 12.42, Penal Code,
as amended by this Act".
(5) On page 64, after line 21, insert the following:
(g) Section 54.011(f), Family Code, as added by this Act,
applies only to a nonoffender who is detained in a secure detention
facility or secure correctional facility on or after the effective
date of this Act. A nonoffender who is detained in a secure
detention facility or secure correctional facility before the
effective date of this Act is not entitled to bring a civil action
under Section 54.011(f), Family Code, as added by this Act.