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 bill proposes the repeal of several existing provisions within the Texas Code of Criminal Procedure and the Government Code that previously governed the interactions between victims, witnesses, and detained individuals regarding their immigration status. This repeal could potentially simplify the process for courts and law enforcement by consolidating guidelines and reducing conflicting statutory requirements. Proponents argue that this will result in a more effective response from law enforcement and facilitate better protection for victims and witnesses by ensuring their cases are handled without unnecessary delays linked to immigration inquiries.
Summary
House Bill 2837 addresses the involvement of state, local, and court authorities in determining the lawful presence of victims, witnesses, and certain individuals who are detained, arrested, or incarcerated in the U.S. The bill aims to clarify the roles of various agencies in assessing immigration status during legal proceedings, which has become a contentious issue in the context of broader immigration debates. This legislative measure seeks to streamline procedures and eliminate ambiguity regarding the responsibilities of law enforcement and the judiciary in handling cases involving individuals whose legal presence may be questioned.
Contention
Highlights of the discussions around HB 2837 indicate a division among legislators and community stakeholders on its implications. Supporters view this as a necessary measure to ensure that victims and witnesses are not deterred from reporting crimes due to fear of immigration-related repercussions, thus promoting public safety. Conversely, opponents argue that such a bill might undermine the enforcement of immigration laws, and there is concern that it could lead to the potential for serious criminals to evade accountability due to ambiguity over their immigration status. The balance between protecting victims’ rights and maintaining strict immigration law enforcement is at the heart of the debate surrounding this piece of legislation.
Texas Constitutional Statutes Affected
Code Of Criminal Procedure
Chapter 2. General Duties Of Officers
Section: New Section
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
Identical
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.
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.
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.
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.
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.
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.
Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.