| TO: | Honorable David Swinford, Chair, House Committee on State Affairs |
| FROM: | John S. O'Brien, Director, Legislative Budget Board |
| IN RE: | HB905 by Zedler (Relating to verifying the immigration status of certain defendants confined in correctional facilities.), Committee Report 1st House, Substituted |
The bill would amend the Code of Criminal Procedure to require a county sheriff or other officer in charge of a correctional facility in which a defendant is confined awaiting trial for a felony or an intoxication offense to immediately, on receipt of the defendant, make a reasonable effort to determine the defendant's nationality. If there is reason to believe that the person is a foreign national, and the defendant's immigration status cannot be verified from documents in the defendant's possession, the sheriff or officer would be required to contact the Law Enforcement Support Center of the United States Department of Homeland Security or other designated office or agency to verify the defendant's immigration status. If the sheriff or officer were to determine that the defendant is not of lawful status, the sheriff or officer would be required to contact the Department of Homeland Security.
The bill would apply only to a defendant admitted to a facility on or after the effective date of the bill, which would be September 1, 2007.
According to the Commission on Jail Standards (commission), the cost to the state would be minimal.
| Source Agencies: | 409 Commission on Jail Standards
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| LBB Staff: | JOB, KJG, VDS, DB
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