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A BILL TO BE ENTITLED
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AN ACT
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relating to the duty of a peace officer to verify the citizenship |
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and immigration status of certain persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.251 to read as follows: |
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Art. 2.251. CITIZENSHIP AND IMMIGRATION STATUS |
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VERIFICATION BY PEACE OFFICER. (a) A peace officer shall verify |
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the citizenship and immigration status of any person who is placed |
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under arrest or detained, including an arrest or detention for an |
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offense under Chapter 49, Penal Code, involving the operation of a |
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motor vehicle. |
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(b) If a peace officer has probable cause to believe the |
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person has committed a violation described by Subsection (a), the |
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officer shall: |
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(1) identify and report the person to United States |
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Citizenship and Immigration Services; or |
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(2) arrest the person for the violation. |
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(c) A local ordinance, regulation, or policy that |
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interferes with the ability of a peace officer to carry out a duty |
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conferred by this article is void. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |