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A BILL TO BE ENTITLED
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AN ACT
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relating to the verification of the immigration status of an |
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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 2.251 to read as follows: |
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Art. 2.251. VERIFICATION OF IMMIGRATION STATUS OF ARRESTED |
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PERSON. (a) 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 has custody of the person shall: |
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(1) verify the person's immigration status by: |
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(A) using the federal Secure Communities program |
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operated by United States Immigration and Customs Enforcement or a |
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successor program; or |
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(B) requesting information regarding the |
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person's immigration status from: |
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(i) a peace officer or other law |
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enforcement officer of this state who is authorized under federal |
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law to verify a person's immigration status; or |
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(ii) a federal immigration officer, in |
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accordance with 8 U.S.C. Section 1373(c); and |
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(2) notify United States Immigration and Customs |
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Enforcement and the judge or magistrate authorized to grant or deny |
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the person's release on bail under Chapter 17 if information |
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received following a request under Subdivision (1)(B) 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 and Nationality Act (8 |
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U.S.C. Section 1101 et seq.). |
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(b) A law enforcement agency is not required to perform the |
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duties imposed by Subsection (a) with respect to a person who is |
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transferred to the custody of the agency by another law enforcement |
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agency if the transferring agency performed those duties before |
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transferring custody of the person. |
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SECTION 2. This Act takes effect September 1, 2013. |