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A BILL TO BE ENTITLED
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AN ACT
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relating to the identification and detention of certain foreign |
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nationals who were not lawfully admitted to the United States or |
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whose lawful status has expired. |
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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 2.245 to read as follows: |
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Art. 2.245. IDENTIFICATION AND DETENTION OF CERTAIN FOREIGN |
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NATIONALS. (a) The sheriff or any other officer in charge of a |
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correctional facility in which a defendant is confined shall |
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immediately, on receipt of the defendant, make a reasonable effort |
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to determine the defendant's nationality. |
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(b) If the sheriff or other officer has reason to believe |
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the defendant is a foreign national, the sheriff or officer shall |
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make a reasonable effort to verify that: |
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(1) the defendant has been lawfully admitted to the |
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United States; and |
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(2) if lawfully admitted, the defendant's lawful |
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status has not expired. |
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(c) If the sheriff or other officer cannot verify the |
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defendant's immigration status under Subsection (b) from documents |
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in the defendant's possession, the sheriff or other officer shall |
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contact the Law Enforcement Support Center of the United States |
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Department of Homeland Security, or other office or agency |
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designated for that purpose by the Department of Homeland Security, |
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to verify the defendant's immigration status. |
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(d) The sheriff or other officer shall notify the Department |
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of Homeland Security if the sheriff or officer determines that: |
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(1) the defendant was not lawfully admitted to the |
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United States; or |
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(2) although lawfully admitted, the defendant's lawful |
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status has expired. |
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(e) A municipality or county may construct a facility, |
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including a tent or tent-like structure, or designate a jail or unit |
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within a jail as a central location to hold defendants described by |
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Subsection (d) pending deportation. A municipality or county shall |
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hold a defendant in a facility described by this section for not |
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less than three months if the defendant was identified by a sheriff |
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or other officer in the municipality or county at least one previous |
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time as being unlawfully present in the United States. |
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(f) Notwithstanding Subsection (e), a sheriff or other |
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officer shall seek the immediate deportation of a defendant |
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described by Subsection (d) who the sheriff or other officer has |
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reason to believe is pregnant. |
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SECTION 2. Article 2.245, Code of Criminal Procedure, as |
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added by this Act, applies only to a defendant admitted to a |
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correctional facility on or after the effective date of this Act. A |
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defendant admitted to a correctional facility before the effective |
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date of this Act is covered by the law in effect on the date the |
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defendant was admitted, and the former law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |