Texas 2021 - 87th Regular

Texas Senate Bill SB92

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

If enacted, SB92 would lead to significant changes in how local law enforcement interacts with individuals regarding their immigration status. The repeal of certain Code of Criminal Procedure articles may streamline processes but could also restrict local officials' ability to engage with federal immigration laws. This shift highlights the ongoing legal and political debate surrounding immigration enforcement at local levels and could alter the landscape of how victims and witnesses are handled in the justice system.

Summary

Senate Bill 92 addresses the role of state, local, and court authorities in determining whether individuals, particularly victims, witnesses, and certain detained individuals, are lawfully present in the United States. The bill proposes to eliminate specific subsections and provisions in the Code of Criminal Procedure and other related laws that currently provide state and local authorities certain powers and procedures regarding the determination of lawful presence. The changes aim to clarify the procedural approach to these matters and potentially limit the discretion exercised by local law enforcement agencies in immigration-related inquiries.

Contention

Notable points of contention surrounding the bill include concerns from advocacy groups who fear that altering these provisions could dissuade victims and witnesses from cooperating with law enforcement due to fear of deportation or legal repercussions. Proponents argue that the bill will ensure a more uniform application of laws related to lawful presence, whereas opponents express that it potentially undermines community trust and safety by making victims hesitant to come forward. The implications of this bill resonate beyond legal definitions, impacting how communities perceive their relationship with law enforcement.

Companion Bills

TX HB1236

Same As 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.

TX HB182

Similar To Relating to the repeal of certain provisions governing state and local enforcement of immigration laws and other provisions related to immigration law.

Previously Filed As

TX HB1454

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.

TX SB106

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.

TX SB571

Relating to interactions between law enforcement and individuals detained or arrested on suspicion of the commission of criminal offenses, witnesses to the commission of those offenses, and other members of the public, to peace officer liability for those interactions, and to the confinement, conviction, or release of detained or arrested individuals.

TX SB1362

Relating to hiring and licensing certain individuals lawfully present in the United States as peace officers.

TX HB2576

Relating to a database containing certain records of children who are not lawfully present in the United States.

TX SB1318

Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the notice provided by peace officers to adult victims of family violence.

TX HB2519

Relating to law enforcement misconduct and law enforcement interactions with certain detained or arrested individuals and other members of the public, to public entity liability for those interactions, and to the confinement, conviction, or release of detained or arrested individuals.

TX HB4642

Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.

TX HB3952

Relating to the jurisdiction of courts in cases of forcible entry and detainer and forcible detainer.

TX HB7

Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.

Similar Bills

No similar bills found.