79R5768 RMB-F

By:  Van de Putte                                                 S.B. No. 640



A BILL TO BE ENTITLED

AN ACT

relating to the notification of foreign consular officials on the 
arrest of foreign nationals and to communications between those 
consular officials and arrested persons.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 15, Code of Criminal Procedure, is 
amended by adding Article 15.28 to read as follows:
	Art. 15.28.  ARREST OF FOREIGN NATIONAL; CONSULAR 
NOTIFICATION. (a) A law enforcement agency that knows or suspects 
that a person arrested by the agency is a foreign national shall 
inform the person that:
		(1)  after an arrest a foreign national has a right to 
communicate with an official from the consulate of the person's 
country before the person is questioned about the offense for which 
the person was arrested;
		(2)  an official from the consulate of the person's 
country will be notified of the person's arrest regardless of any 
objection by the person, if a treaty requiring consular 
notification exists between the United States and the person's 
country; and
		(3)  if a treaty described by Subdivision (2) does not 
exist, an official from the consulate of the person's country will 
be notified of the person's arrest unless the person objects to the 
notification.
	(b)  The law enforcement agency shall notify the appropriate 
office of the attorney representing the state of the person's 
preferences concerning notification of an official from the 
consulate of the person's country.
	(c)  The office of the attorney representing the state shall 
notify a consular official from the person's country in accordance 
with Subsection (a).  If applicable, the office of the attorney 
representing the state shall inform the person that the consular 
official has been notified.
	(d)  The official of the penal institution in which the 
person is confined shall allow the person to communicate with, 
correspond with, and be visited by a consular official from the 
person's country.
	(e)  In providing a foreign national with rights described by 
this section and in discharging duties imposed by this section, the 
law enforcement agency, the office of the attorney representing the 
state, 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.
	SECTION 2.  This Act takes effect September 1, 2005.