| 1 | 1 | | By: Gallego H.B. No. 3581 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the right of a foreign national to contact a foreign |
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| 7 | 7 | | consular official. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Article 15.17, Code of Criminal Procedure, is |
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| 10 | 10 | | amended by adding Subsection (h) to read as follows: |
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| 11 | 11 | | (h)(1) If a magistrate knows or suspects that a person |
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| 12 | 12 | | brought before the magistrate after an arrest is a foreign |
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| 13 | 13 | | national, other than a national of Canada or the United Mexican |
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| 14 | 14 | | States, the magistrate shall inform the person that after an arrest |
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| 15 | 15 | | a foreign national has a right to communicate with an official from |
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| 16 | 16 | | the consulate of the person's country. If the person chooses to |
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| 17 | 17 | | exercise the right to communicate with the consular official, the |
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| 18 | 18 | | magistrate shall notify an official of the penal institution in |
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| 19 | 19 | | which the person is confined that the person wants a foreign |
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| 20 | 20 | | consular official to be notified. |
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| 21 | 21 | | (2) If a magistrate knows or suspects that a person |
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| 22 | 22 | | brought before the magistrate after an arrest is a national of |
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| 23 | 23 | | Canada or the United Mexican States, the magistrate shall: |
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| 24 | 24 | | (A) inform the person that, after an arrest, a |
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| 25 | 25 | | foreign national has a right to communicate with an official from |
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| 26 | 26 | | the consulate of the person's country; and |
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| 27 | 27 | | (B) notify the consulate of Canada or the United |
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| 28 | 28 | | Mexican States, as applicable, of the person's arrest and |
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| 29 | 29 | | detention. |
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| 30 | 30 | | (3) The official of the penal institution in which the |
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| 31 | 31 | | person is confined shall allow the person to communicate with, |
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| 32 | 32 | | correspond with, and be visited by a consular official of the |
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| 33 | 33 | | person's country. |
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| 34 | 34 | | (4) In providing a foreign national with rights |
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| 35 | 35 | | described by this subsection, the magistrate and official of the |
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| 36 | 36 | | penal institution shall comply with policies and procedures adopted |
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| 37 | 37 | | by the United States Department of State that apply to the |
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| 38 | 38 | | notification of foreign consular officials on the arrest of foreign |
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| 39 | 39 | | nationals. |
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| 40 | 40 | | SECTION 2. Section 1701.253, Occupations Code, is amended |
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| 41 | 41 | | by adding Subsection (k) to read as follows: |
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| 42 | 42 | | (k) As part of the minimum curriculum requirements, the |
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| 43 | 43 | | commission shall establish a statewide comprehensive education and |
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| 44 | 44 | | training program on the requirements for handling the arrest and |
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| 45 | 45 | | detention of a foreign national as provided by Article 15.17(h), |
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| 46 | 46 | | Code of Criminal Procedure. An officer shall complete a program |
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| 47 | 47 | | established under this subsection not later than the second |
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| 48 | 48 | | anniversary of the date the officer is licensed under this chapter |
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| 49 | 49 | | or the date the officer applies for an intermediate proficiency |
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| 50 | 50 | | certificate, whichever date is earlier. |
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| 51 | 51 | | SECTION 3. Section 1701.402, Occupations Code, is amended |
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| 52 | 52 | | by adding Subsection (h) to read as follows: |
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| 53 | 53 | | (h) As a requirement for an intermediate proficiency |
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| 54 | 54 | | certificate, an officer must complete an education and training |
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| 55 | 55 | | program on the requirements for handling the arrest of a foreign |
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| 56 | 56 | | national that are established by the commission under Section |
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| 57 | 57 | | 1701.253(k). |
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| 58 | 58 | | SECTION 4. (a) Not later than January 1, 2010, the |
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| 59 | 59 | | Commission on Law Enforcement Officer Standards and Education shall |
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| 60 | 60 | | establish the curriculum for a comprehensive education and training |
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| 61 | 61 | | program for peace officers as required by Section 1701.253(k) and |
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| 62 | 62 | | Section 1701.402(h), Occupations Code, as added by this Act. |
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| 63 | 63 | | (b) A person who, on September 1, 2009, holds an |
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| 64 | 64 | | intermediate proficiency certificate issued under Section |
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| 65 | 65 | | 1701.402, Occupations Code, or has held a peace officer license |
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| 66 | 66 | | issued by the Commission on Law Enforcement Officer Standards and |
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| 67 | 67 | | Education for more than two years shall complete an educational |
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| 68 | 68 | | training program on the requirements for handling the arrest of a |
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| 69 | 69 | | foreign national that are established under Section 1701.253(k), |
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| 70 | 70 | | Occupations Code, as added by this Act, not later than September 1, |
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| 71 | 71 | | 2011. |
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| 72 | 72 | | SECTION 5. This Act takes effect September 1, 2009. |
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