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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 verify the |
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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 2.252 to read as follows: |
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Art. 2.252. VERIFICATION OF ARRESTED PERSON'S IMMIGRATION |
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STATUS. Not later than 48 hours after a person is arrested and |
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before the person is released on bond, the law enforcement agency |
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that arrested the person or that has custody of the person shall: |
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(1) have the person's immigration status verified by: |
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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) if United States Immigration and Customs |
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Enforcement does not have the results of the immigration status |
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verification under Subdivision (1), notify United States |
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Immigration and Customs Enforcement of the results of the |
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immigration status verification if the verification reveals that |
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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 Reform and Control Act of |
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1986 (8 U.S.C. Section 1101 et seq.). |
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SECTION 2. This Act takes effect September 1, 2011. |