By: Lucio S.B. No. 1751
(In the Senate - Filed March 14, 2003; March 24, 2003, read
first time and referred to Committee on International Relations and
Trade; May 12, 2003, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 0; May 12, 2003,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1751 By: Lucio
A BILL TO BE ENTITLED
AN ACT
relating to the right of a foreign national to contact a foreign
consular official.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 15.17, Code of Criminal Procedure, is
amended by adding Subsection (h) to read as follows:
(h)(1) If a magistrate knows or suspects that a person
brought before the magistrate after an arrest is a foreign
national, the magistrate shall 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. If the person
chooses to exercise the right to communicate with the consular
official, the magistrate shall notify an official of the penal
institution in which the person is confined that the person wants a
foreign consular official to be notified. The official of the penal
institution shall allow the person to communicate with, correspond
with, and be visited by a consular official of the person's country.
(2) In providing a foreign national with rights
described by Subdivision (1), the magistrate and the official of
the penal institution shall 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.
(3) Absent other factors, the failure of a magistrate
or an official of a penal institution to comply with Subdivision (1)
or (2) is not, in a criminal case:
(A) sufficient grounds for a mistrial;
(B) sufficient grounds for excluding evidence
from use during the trial; or
(C) reversible error on appeal.
SECTION 2. Section 1701.253, Occupations Code, is amended
by adding Subsection (i) to read as follows:
(i) As part of the minimum curriculum requirements, the
commission shall 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(h),
Code of Criminal Procedure.
SECTION 3. (a) The Commission on Law Enforcement Officer
Standards and Education shall establish the curriculum for a
comprehensive education and training program for peace officers as
required by Subsection (i), Section 1701.253, Occupations Code, as
added by this Act, on or before January 1, 2004.
(b) For persons who are licensed peace officers on September
1, 2003, the first course required under Subsection (i), Section
1701.253, Occupations Code, as added by this Act, must be completed
before September 1, 2005.
SECTION 4. This Act takes effect September 1, 2003.
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