82R5355 MAW-D

By: Bonnen H.B. No. 1800

A BILL TO BE ENTITLED

AN ACT

relating to the detection and reporting of unauthorized immigration, the collection and dissemination of information concerning unauthorized immigration, and the enforcement of certain laws governing immigration.

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. VERIFICATION OF ARRESTED PERSON'S IMMIGRATION STATUS. (a) 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) have the person's immigration status verified by:

(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 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.).

(b) A law enforcement agency that provides notice to United States Immigration and Customs Enforcement under Subsection (a)(2) shall immediately provide to the Department of Public Safety of the State of Texas the following information concerning the person arrested:

(1) the results of the immigration status verification; and

(2) other information described by Article 61A.02(b).

SECTION 2. Title 1, Code of Criminal Procedure, is amended by adding Chapter 61A to read as follows:

CHAPTER 61A. IMMIGRATION DATABASE

Art. 61A.01. DEFINITION. In this chapter, "department" means the Department of Public Safety of the State of Texas.

Art. 61A.02. CENTRAL DATABASE; PUBLIC INFORMATION. (a) The department shall maintain a computerized central database containing information regarding each person:

(1) who has been arrested in this state; and

(2) with reference to whom an immigration status verification under Article 2.252 has revealed 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.).

(b) The department may include in the database any information that the department determines to be relevant and that is not confidential or protected from disclosure under other law. The information contained in the database must include:

(1) the person's name;

(2) the offense for which the person was arrested;

(3) the results of each immigration status verification concerning the person;

(4) the law enforcement agency by which the person is or was being detained; and

(5) if applicable, whether the person has been released or discharged from the custody of a law enforcement agency in this state, including whether the person has been transferred to the custody of United States Immigration and Customs Enforcement for the initiation or completion of deportation proceedings and information regarding the disposition of those proceedings.

(c) The department shall make the information contained in the database available to any peace officer or law enforcement agency in the state.

(d) The information contained in the database is public information, with the exception of information regarding any social security number, driver's license or personal identification certificate number, or telephone number used by the person, regardless of whether the number belongs or has been assigned to the person.

(e) The department shall publish on its Internet website:

(1) all public information contained in the database; and

(2) a list of all persons in the database who have been released or discharged from the custody of a law enforcement agency in this state, including an indication as to whether the person has been transferred to the custody of United States Immigration and Customs Enforcement for the initiation or completion of deportation proceedings and information regarding the disposition of those proceedings.

(f) The department shall design and implement a system for:

(1) receiving information from a law enforcement agency under Article 2.252 and including that information in the database;

(2) notifying a person whose information is included in the database of that fact and of the procedure and requirements for removing information from the database;

(3) removing from the database and the department's Internet website information concerning a person who provides to the department documentation issued by United States Citizenship and Immigration Services that authorizes the person to be in the United States; and

(4) notifying United States Immigration and Customs Enforcement of the arrest of a person described by Subsection (a) on each business day following the date of the arrest until the earliest of:

(A) the date the person is released or discharged from the custody of a law enforcement agency in this state, including being transferred to the custody of United States Immigration and Customs Enforcement;

(B) the date United States Immigration and Customs Enforcement issues a detainer with respect to the person; or

(C) the 10th business day after the date of the arrest.

SECTION 3. Section 411.135(a), Government Code, is amended to read as follows:

(a) Any person is entitled to obtain from the department:

(1) any information described as public information under Chapter 61A or 62, Code of Criminal Procedure, [as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997,] including, to the extent available, a recent photograph of each person subject to registration under Chapter 62 [that chapter]; and

(2) criminal history record information maintained by the department that relates to the conviction of or a grant of deferred adjudication to a person for any criminal offense, including arrest information that relates to the conviction or grant of deferred adjudication.

SECTION 4. The heading to Chapter 370, Local Government Code, is amended to read as follows:

CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL AND

COUNTY] HEALTH AND PUBLIC SAFETY APPLICABLE TO MORE THAN ONE TYPE OF

LOCAL GOVERNMENT

SECTION 5. Section 370.003, Local Government Code, is amended to read as follows:

Sec. 370.003. LOCAL GOVERNMENT [MUNICIPAL OR COUNTY] POLICY REGARDING ENFORCEMENT OF STATE AND FEDERAL [DRUG] LAWS. (a) This section applies to:

(1) the [The] governing body of a municipality, [the commissioners court of a] county, or other political subdivision;

(2) an officer, employee, or other body that is part of a municipality, county, or other political subdivision, including a sheriff, municipal police department, municipal attorney, or county attorney; or

(3) a[,] district attorney[,] or criminal district attorney.

(b) An entity described by Subsection (a) may not adopt a rule, order, ordinance, or policy under which the entity will not fully enforce laws relating to:

(1) drugs, including Chapters 481 and 483, Health and Safety Code; and

(2) immigrants or immigration, including the federal Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.)[, and federal law].

(c) An entity described by Subsection (a) may not receive state money or retain unexpended state money if the entity adopts a rule, order, ordinance, or policy under which the entity will not fully enforce laws described by Subsection (b)(2) or, by consistent actions, fails to fully enforce those laws.

(d) If the attorney general determines that an entity described by Subsection (a) is ineligible to retain state money as provided by Subsection (c), the attorney general shall notify the entity of that determination and the entity shall promptly forfeit and repay to the state all unexpended state money held by the entity. The attorney general shall stay the duty to repay pending the outcome of an appeal under Subsection (e).

(e) Not later than the 21st day after the date of receiving notice of a determination under Subsection (d), an entity may appeal the determination to a Travis County district court.

(f) An entity described by Subsection (a) that is determined ineligible to retain state money as provided by Subsections (d) and (e) shall be denied state money for each fiscal year:

(1) following the year in which the rule, order, ordinance, or policy is adopted or the determination is made that the entity has intentionally failed to fully enforce laws described by Subsection (b)(2); and

(2) during which the rule, order, ordinance, or policy that resulted in the determination remains in effect or the failure to enforce that resulted in the determination continues.

SECTION 6. Not later than March 1, 2012, the Department of Public Safety of the State of Texas shall implement the computerized central database required by Chapter 61A, Code of Criminal Procedure, as added by this Act.

SECTION 7. This Act takes effect September 1, 2011.