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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 law enforcement agency to request |
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information regarding the immigration status of an arrested person. |
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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 2.253 to read as follows: |
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Art. 2.253. INFORMATION REQUEST REGARDING ARRESTED |
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PERSON'S IMMIGRATION STATUS. Not later than 48 hours after a person |
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is arrested and before the person is released on bond, the law |
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enforcement agency that has custody of the person shall: |
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(1) request information regarding the person's |
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immigration status from: |
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(A) a peace officer or other law enforcement |
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officer of this state who is authorized under federal law to verify |
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a person's immigration status; or |
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(B) a federal law enforcement officer, in |
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accordance with 8 U.S.C. Section 1373(c); and |
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(2) notify United States Immigration and Customs |
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Enforcement that the person is in the custody of the law enforcement |
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agency if information received following a request under |
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Subdivision (1) reveals that the person: |
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(A) is not a citizen or national of the United |
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States; and |
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(B) is unlawfully present in the United States |
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according to the terms of the Immigration and Nationality Act (8 |
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U.S.C. Section 1101 et seq.). |
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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 on the 91st day after the last day of the |
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legislative session. |