| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the duty of a law enforcement agency to request |
|
|
information regarding the immigration status of an arrested person. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 2, Code of Criminal Procedure, is |
|
|
amended by adding Article 2.252 to read as follows: |
|
|
Art. 2.252. INFORMATION REQUEST REGARDING ARRESTED |
|
|
PERSON'S IMMIGRATION STATUS. Not later than 48 hours after a person |
|
|
is arrested and before the person is released on bond, the law |
|
|
enforcement agency that has custody of the person shall: |
|
|
(1) request information regarding the person's |
|
|
immigration status from: |
|
|
(A) a peace officer or other law enforcement |
|
|
officer of this state who is authorized under federal law to verify |
|
|
a person's immigration status; or |
|
|
(B) a federal law enforcement officer, in |
|
|
accordance with 8 U.S.C. Section 1373(c); and |
|
|
(2) notify United States Immigration and Customs |
|
|
Enforcement that the person is in the custody of the law enforcement |
|
|
agency if information received following a request under |
|
|
Subdivision (1) reveals that the person: |
|
|
(A) is not a citizen or national of the United |
|
|
States; and |
|
|
(B) is unlawfully present in the United States |
|
|
according to the terms of the Immigration Reform and Control Act of |
|
|
1986 (8 U.S.C. Section 1101 et seq.). |
|
|
SECTION 2. This Act takes effect September 1, 2011. |