Texas House Bill HB1855

Texas 2017 - 85th Regular

Caption

Relating to a prohibition on certain law enforcement inquiries regarding the nationality or immigration status of a victim of or witness to a criminal offense.

Impact

The enactment of HB1855 would significantly alter the way law enforcement agencies conduct investigations involving victims and witnesses. By limiting inquiries regarding immigration status, the bill seeks to enhance the cooperation of immigrant communities with law enforcement, thereby potentially increasing the reporting of crimes and participation in investigations. This change could result in broader access to justice for victims who might otherwise remain silent due to fears of deportation or legal repercussions related to their immigration status.

Summary

House Bill 1855 aims to restrict law enforcement's ability to inquire about the nationality or immigration status of victims or witnesses during the investigation of criminal offenses. This legislation is introduced with the intent of fostering a safer environment for victims and witnesses by ensuring they can provide information without fear of being linked to their immigration status. The bill specifically mandates that inquiries into a victim's or witness's nationality or immigration status should only be made if it directly pertains to the investigation or to provide federal visa information that protects individuals assisting law enforcement.

Contention

While supporters of HB1855 argue that it is a crucial step toward ensuring that all victims, irrespective of their immigration status, feel safe to report crimes, opponents may see the bill as a hindrance to comprehensive investigations. There may be concerns that limiting inquiries about immigration status could impede law enforcement's ability to effectively investigate certain types of criminal offenses wherein a victim's or witness's status is relevant. Additionally, the bill could ignite debates around the balance between community safety and law enforcement's investigative powers.

Provisions

The bill includes exceptions that allow inquiry into immigration status when necessary to investigate a criminal offense or if there is probable cause of separate criminal activity by the victim or witness. These provisions aim to strike a balance between protecting victims and ensuring that law enforcement maintains the capacity to investigate criminal conduct thoroughly.