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A BILL TO BE ENTITLED
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AN ACT
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relating to an inquiry by a peace officer as to the nationality or |
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immigration status of a person presumed to be a family violence |
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victim or witness. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 752, Government Code, is |
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amended by adding Section 752.0531 to read as follows: |
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Sec. 752.0531. POLICY ON IMMIGRATION INQUIRIES DIRECTED TO |
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PERSON PRESUMED TO BE FAMILY VIOLENCE VICTIM OR WITNESS. (a) In |
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this section, "family violence" has the meaning assigned by Section |
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71.004, Family Code. |
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(b) Notwithstanding any other provision of this subchapter, |
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a local entity or campus police department may adopt, enforce, and |
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endorse a policy to provide guidance to peace officers regarding |
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the application of Article 2.13(d), Code of Criminal Procedure, as |
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added by Chapter 4 (S.B. 4), Acts of the 85th Legislature, Regular |
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Session, 2017, to a person presumed to be a victim of or witness to |
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family violence. |
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(c) A policy adopted under this section: |
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(1) must provide specific criteria to enable a peace |
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officer to determine whether a person is likely to have been a |
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victim of or witness to family violence; and |
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(2) may be designed for the purpose of limiting |
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inquiries regarding the nationality or immigration status of those |
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persons. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |