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A BILL TO BE ENTITLED
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AN ACT
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relating to the right of a foreign national to contact a foreign |
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consular official. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 15.17, Code of Criminal Procedure, is |
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amended by adding Subsection (h) to read as follows: |
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(h)(1) If a magistrate knows or suspects that a person |
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brought before the magistrate after an arrest is a foreign |
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national, other than a national of Canada or the United Mexican |
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States, the magistrate shall inform the person that after an arrest |
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a foreign national has a right to communicate with an official from |
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the consulate of the person's country. If the person chooses to |
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exercise the right to communicate with the consular official, the |
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magistrate shall notify an official of the penal institution in |
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which the person is confined that the person wants a foreign |
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consular official to be notified. |
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(2) If a magistrate knows or suspects that a person |
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brought before the magistrate after an arrest is a national of |
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Canada or the United Mexican States, the magistrate shall: |
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(A) inform the person that, after an arrest, a |
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foreign national has a right to communicate with an official from |
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the consulate of the person's country; and |
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(B) notify the consulate of Canada or the United |
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Mexican States, as applicable, of the person's arrest and |
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detention. |
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(3) The official of the penal institution in which the |
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person is confined shall allow the person to communicate with, |
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correspond with, and be visited by a consular official of the |
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person's country. |
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(4) In providing a foreign national with rights |
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described by this subsection, the magistrate and official of the |
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penal institution shall comply with policies and procedures adopted |
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by the United States Department of State that apply to the |
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notification of foreign consular officials on the arrest of foreign |
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nationals. |
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SECTION 2. Section 1701.253, Occupations Code, is amended |
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by adding Subsection (k) to read as follows: |
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(k) As part of the minimum curriculum requirements, the |
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commission shall establish a statewide comprehensive education and |
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training program on the requirements for handling the arrest and |
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detention of a foreign national as provided by Article 15.17(h), |
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Code of Criminal Procedure. An officer shall complete a program |
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established under this subsection not later than the second |
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anniversary of the date the officer is licensed under this chapter |
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or the date the officer applies for an intermediate proficiency |
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certificate, whichever date is earlier. |
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SECTION 3. Section 1701.402, Occupations Code, is amended |
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by adding Subsection (h) to read as follows: |
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(h) As a requirement for an intermediate proficiency |
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certificate, an officer must complete an education and training |
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program on the requirements for handling the arrest of a foreign |
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national that are established by the commission under Section |
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1701.253(k). |
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SECTION 4. (a) Not later than January 1, 2010, the |
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Commission on Law Enforcement Officer Standards and Education shall |
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establish the curriculum for a comprehensive education and training |
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program for peace officers as required by Section 1701.253(k) and |
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Section 1701.402(h), Occupations Code, as added by this Act. |
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(b) A person who, on September 1, 2009, holds an |
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intermediate proficiency certificate issued under Section |
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1701.402, Occupations Code, or has held a peace officer license |
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issued by the Commission on Law Enforcement Officer Standards and |
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Education for more than two years shall complete an educational |
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training program on the requirements for handling the arrest of a |
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foreign national that are established under Section 1701.253(k), |
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Occupations Code, as added by this Act, not later than September 1, |
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2011. |
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SECTION 5. This Act takes effect September 1, 2009. |