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AN ACT
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relating to certain mandatory conditions of parole or mandatory |
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supervision for illegal criminal aliens and the revocation of |
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parole or mandatory supervision as a result of violating those |
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conditions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 508, Government Code, is |
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amended by adding Section 508.192 to read as follows: |
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Sec. 508.192. REENTRY INTO THE UNITED STATES PROHIBITED. |
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(a) In this section, "illegal criminal alien" has the meaning |
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assigned by Section 493.015. |
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(b) A parole panel shall require as a condition of parole or |
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mandatory supervision that an illegal criminal alien released to |
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the custody of United States Immigration and Customs Enforcement: |
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(1) regardless of whether a final order of deportation |
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is issued with reference to the illegal criminal alien, leave the |
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United States as soon as possible after release; and |
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(2) not unlawfully return to or unlawfully reenter the |
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United States in violation of the Immigration Reform and Control |
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Act of 1986 (8 U.S.C. Section 1101 et seq.). |
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SECTION 2. Section 508.281, Government Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) If a parole panel or designated agent of the board |
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determines that a releasee has violated a condition of release |
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required under Section 508.192 and confirms the violation with a |
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peace officer or other law enforcement officer of this state who is |
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authorized under federal law to verify a person's immigration |
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status or, in accordance with 8 U.S.C. Section 1373(c), with a |
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federal law enforcement officer, the determination is considered to |
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be a sufficient hearing to revoke the parole or mandatory |
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supervision without further hearing or determination, except that |
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the parole panel or designated agent shall conduct a hearing to |
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consider mitigating circumstances, if requested by the releasee. |
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SECTION 3. Section 508.192, Government Code, as added by |
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this Act, applies only to a person who is released on parole or to |
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mandatory supervision on or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2734 was passed by the House on April |
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21, 2011, by the following vote: Yeas 148, Nays 0, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 2734 on May 25, 2011, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 2734 on May 28, 2011, by the following vote: Yeas 146, |
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Nays 0, 1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2734 was passed by the Senate, with |
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amendments, on May 23, 2011, by the following vote: Yeas 30, Nays |
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1; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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2734 on May 28, 2011, by the following vote: Yeas 30, Nays 1 |
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. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |