C.S.S.B. 1751 78(R)    BILL ANALYSIS


C.S.S.B. 1751
By: Lucio
Border and International Affairs
Committee Report (Substituted)



BACKGROUND AND PURPOSE 


Article 36 of the Vienna Convention on Consular Relations currently
requires that foreign nationals detained in the United States be informed
of their right to contact a consular officer from their country of
nationality.  The Vienna Convention is the major worldwide treaty on the
topic of consular relations.  Over 160 countries, including the United
States are parties to the Vienna Convention.  C.S.S.B. 1751 would
establish a statewide education and training program for handling the
arrest and detention of foreign nationals.   


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department,
institution, or agency. 


ANALYSIS

SECTION 1. C.S.S.B. 1751 amends the Occupations Code 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 (program) on the
proper methods and procedures necessary to ensure that a foreign national
arrested in this state is given the opportunity to communicate with an
official from the consulate of the foreign national's country as soon as
is practicable after the foreign national's arrest. 

SECTION 2. C.S.S.B. 1751 requires the commission to establish the
curriculum for the program on or before January 1, 2004 and provides that
for persons who are licensed peace officers on September 1, 2003, the
first course must be completed before September 1, 2005. 

SECTION 3. Effective date.


EFFECTIVE DATE

September 1, 2003. 


COMPARISON TO ORIGINAL

The substitute amends the original by eliminating language that required
and provided rules for the magistrate to inform a foreign national that
after an arrest the foreign national has a right to communicate with an
official from the consulate of the person's country. The substitutes
eliminates language that required 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.   

The substitute also eliminates section relating to requiring the
magistrate and official of the penal institution 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. The  substitute eliminates the section relating to the failure
of a magistrate or an official of a penal institution to provide a foreign
national with his or her right of consular notification.  

The substitute also amends the original by specifying that the
comprehensive education and training program be on the proper methods and
procedures necessary to ensure that a foreign national arrested in this
state is given the opportunity to communicate with an official from the
consulate of the foreign national's country as soon as is practicable
after the foreign national's arrest.