Texas House Bill HB1454

Texas 2023 - 88th Regular

• Filed: 1/19/23

Caption

Relating to state, local, and court involvement in determining whether victims and witnesses to an offense and certain detained, arrested, or incarcerated persons are lawfully present in the United States.

Impact

The potential implications of HB 1454 on state law are considerable. By modifying and repealing existing laws, the bill could alter the landscape of criminal justice as it pertains to the treatment of individuals based on their legal status in the country. Proponents of the bill may argue that it enhances the rights of law enforcement to determine an individual’s lawful presence, thereby improving security and supporting crime victims. However, the alterations may also raise concerns about the readiness of law enforcement to handle sensitive situations where an individual's immigration status could impede cooperation between victims, witnesses, and the police.

Summary

House Bill 1454 aims to clarify the involvement of state, local, and court authorities in determining the immigration status of victims and witnesses of crimes, as well as certain detained, arrested, or incarcerated individuals. By repealing and amending several provisions in the Texas Code of Criminal Procedure and Government Code, the bill seeks to streamline the legal processes regarding the handling of such individuals' status, potentially impacting how law enforcement agencies interact with both victims and detainees in the context of their immigration status. This legislation reflects a significant shift in how state and local jurisdictions may engage with federal immigration policies in their legal processes.

Sentiment

The sentiment surrounding HB 1454 is likely to be divided along party lines, with proponents viewing it as a necessary tool for ensuring that law enforcement can effectively address issues of public safety without being hindered by immigration concerns. In contrast, opponents may criticize the bill as fostering an environment of distrust among immigrant communities, where victims and witnesses may be reluctant to come forward, fearing that their legal status may be scrutinized further. The discussion surrounding the bill reveals fundamental tensions between ensuring public safety and protecting the rights of individuals, particularly in marginalized communities.

Contention

Notable points of contention surrounding HB 1454 include concerns about the potential for increased fear among immigrant communities, leading to underreporting of crimes. Critics of the bill argue that it may deter victims from seeking justice or cooperating with law enforcement due to fears of deportation or legal repercussions. The debate highlights a broader conflict over immigration enforcement and community relations, raising critical questions about how state laws can best balance public safety with the civil rights of individuals. As the bill progresses through the legislative process, key discussions will focus on the efficacy of such changes and their long-term impacts on community trust and safety.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 2. General Duties Of Officers
  • Section: 13
  • Section: 251

• Chapter 17. Bail
  • Section: 16

• Chapter 42. Judgment And Sentence
  • Section: 039

Government Code

• Chapter 402. Attorney General
  • Section: 0241

• Chapter 752. Immigration
  • Section: New Section

• Chapter 772. Governmental Planning
  • Section: 0076

Local Government Code

• Chapter 87. Removal Of County Officers From Office; Filling Of Vacancies
  • Section: 031

Penal Code

• Chapter 39. Abuse Of Office
  • Section: 07