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A BILL TO BE ENTITLED
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AN ACT
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relating to the duties of a law enforcement agency regarding the |
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immigration status of an arrested person and to the agency's |
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enforcement of immigration detainers and of laws relating to |
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immigration. |
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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 Articles 2.251, 2.252, and 2.253 to read as |
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follows: |
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Art. 2.251. DUTIES RELATED TO ARRESTED PERSON. (a) Not |
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later than 48 hours after a person is arrested and before the person |
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is released on bond, a law enforcement agency performing the |
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booking process shall: |
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(1) review any information available under the federal |
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Priority Enforcement Program operated by United States Immigration |
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and Customs Enforcement or a successor program; or |
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(2) request information regarding the person's |
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immigration status from: |
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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 immigration officer, in accordance |
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with 8 U.S.C. Section 1373(c). |
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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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Art. 2.252. DUTIES RELATED TO IMMIGRATION DETAINER. A law |
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enforcement agency that has custody of a person subject to an |
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immigration detainer issued by United States Immigration and |
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Customs Enforcement shall: |
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(1) provide to the judge or magistrate authorized to |
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grant or deny the person's release on bail under Chapter 17 notice |
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that the person is subject to an immigration detainer; and |
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(2) detain the person as required by the immigration |
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detainer. |
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Art. 2.253. DISCRIMINATION PROHIBITED. A law enforcement |
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agency or a person employed by or otherwise under the direction or |
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control of the agency may not consider race, color, language, or |
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national origin while enforcing immigration laws except to the |
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extent permitted by the United States Constitution or Texas |
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Constitution. |
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SECTION 2. This Act takes effect September 1, 2017. |