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A BILL TO BE ENTITLED
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AN ACT
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relating to the identification of certain defendants as foreign |
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nationals who were not lawfully admitted to the United States or |
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whose lawful status has expired and to their release on bail. |
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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 2.245 to read as follows: |
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Art. 2.245. SHERIFF OR OTHER OFFICER TO DETERMINE |
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IMMIGRATION STATUS OF CERTAIN DEFENDANTS. (a) In this section, |
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"intoxication offense" means an offense under Section 49.04, |
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49.045, 49.05, 49.06, or 49.065, Penal Code. |
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(b) The sheriff or any other officer in charge of a |
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correctional facility in which a defendant is confined awaiting |
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trial for a felony or an intoxication offense shall immediately, on |
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receiving the defendant, make a reasonable effort to determine the |
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defendant's citizenship status. |
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(c) If the sheriff or other officer has reason to believe |
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the defendant is a foreign national, the sheriff or officer shall |
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make a reasonable effort to verify that: |
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(1) the defendant has been lawfully admitted to the |
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United States; and |
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(2) if lawfully admitted, the defendant's lawful |
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status has not expired. |
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(d) If the sheriff or other officer cannot verify the |
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defendant's immigration status under Subsection (c) from documents |
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in the defendant's possession, the sheriff or other officer, not |
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later than 48 hours after the defendant is received at the |
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correctional facility, shall contact the Law Enforcement Support |
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Center of the United States Department of Homeland Security, or |
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other office or agency designated for that purpose by the |
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Department of Homeland Security, to verify the defendant's |
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immigration status. |
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(e) The sheriff or other officer shall notify the judge or |
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magistrate authorized to grant or deny the defendant's release on |
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bail under Chapter 17 and the Department of Homeland Security if the |
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sheriff or officer determines that: |
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(1) the defendant was not lawfully admitted to the |
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United States; or |
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(2) although lawfully admitted, the defendant's lawful |
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status has expired. |
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(f) The Commission on Jail Standards shall prepare and issue |
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guidelines and procedures to ensure compliance with this section. |
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SECTION 2. Chapter 17, Code of Criminal Procedure, is |
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amended by adding Article 17.154 to read as follows: |
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Art. 17.154. BAIL FOR CERTAIN IMMIGRANTS. If under Article |
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2.245 a sheriff or other officer notifies a judge or magistrate that |
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a defendant was not lawfully admitted to the United States or that, |
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although lawfully admitted, the defendant's lawful status has |
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expired, there is a rebuttable presumption at any proceeding before |
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the judge or magistrate concerning the defendant's release on bail |
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that the defendant presents a risk of flight from prosecution. |
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SECTION 3. Article 2.245, Code of Criminal Procedure, as |
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added by this Act, applies only to a defendant admitted to a |
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correctional facility on or after the effective date of this Act. A |
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defendant admitted to a correctional facility before the effective |
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date of this Act is covered by the law in effect on the date the |
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defendant was admitted, and the former law is continued in effect |
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for that purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |