| 1 | 1 | | 81R315 HLT-D |
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| 2 | 2 | | By: Howard of Fort Bend H.B. No. 4485 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the identification of certain defendants as foreign |
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| 8 | 8 | | nationals who were not lawfully admitted to the United States or |
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| 9 | 9 | | whose lawful status has expired and to their release on bail. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Article 2.245 to read as follows: |
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| 13 | 13 | | Art. 2.245. SHERIFF OR OTHER OFFICER TO DETERMINE |
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| 14 | 14 | | IMMIGRATION STATUS OF CERTAIN DEFENDANTS. (a) In this section, |
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| 15 | 15 | | "intoxication offense" means an offense under Section 49.04, 49.05, |
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| 16 | 16 | | 49.06, or 49.065, Penal Code. |
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| 17 | 17 | | (b) The sheriff or any other officer in charge of a |
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| 18 | 18 | | correctional facility in which a defendant is confined awaiting |
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| 19 | 19 | | trial for a felony or an intoxication offense shall immediately, on |
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| 20 | 20 | | receiving the defendant, make a reasonable effort to determine the |
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| 21 | 21 | | defendant's citizenship status. |
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| 22 | 22 | | (c) If the sheriff or other officer has reason to believe |
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| 23 | 23 | | the defendant is a foreign national, the sheriff or officer shall |
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| 24 | 24 | | make a reasonable effort to verify that: |
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| 25 | 25 | | (1) the defendant has been lawfully admitted to the |
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| 26 | 26 | | United States; and |
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| 27 | 27 | | (2) if lawfully admitted, the defendant's lawful |
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| 28 | 28 | | status has not expired. |
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| 29 | 29 | | (d) If the sheriff or other officer cannot verify the |
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| 30 | 30 | | defendant's immigration status under Subsection (c) from documents |
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| 31 | 31 | | in the defendant's possession, the sheriff or other officer, not |
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| 32 | 32 | | later than 48 hours after the defendant is received at the |
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| 33 | 33 | | correctional facility, shall contact the Law Enforcement Support |
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| 34 | 34 | | Center of the United States Department of Homeland Security, or |
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| 35 | 35 | | other office or agency designated for that purpose by the |
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| 36 | 36 | | Department of Homeland Security, to verify the defendant's |
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| 37 | 37 | | immigration status. |
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| 38 | 38 | | (e) The sheriff or other officer shall notify the judge or |
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| 39 | 39 | | magistrate authorized to grant or deny the defendant's release on |
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| 40 | 40 | | bail under Chapter 17 and the Department of Homeland Security if the |
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| 41 | 41 | | sheriff or officer determines that: |
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| 42 | 42 | | (1) the defendant was not lawfully admitted to the |
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| 43 | 43 | | United States; or |
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| 44 | 44 | | (2) although lawfully admitted, the defendant's lawful |
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| 45 | 45 | | status has expired. |
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| 46 | 46 | | (f) The Commission on Jail Standards shall prepare and issue |
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| 47 | 47 | | guidelines and procedures to ensure compliance with this section. |
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| 48 | 48 | | SECTION 2. Chapter 17, Code of Criminal Procedure, is |
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| 49 | 49 | | amended by adding Article 17.153 to read as follows: |
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| 50 | 50 | | Art. 17.153. BAIL FOR CERTAIN IMMIGRANTS. If under Article |
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| 51 | 51 | | 2.245 a sheriff or other officer notifies a judge or magistrate that |
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| 52 | 52 | | a defendant was not lawfully admitted to the United States or that, |
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| 53 | 53 | | although lawfully admitted, the defendant's lawful status has |
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| 54 | 54 | | expired, there is a rebuttable presumption at any proceeding before |
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| 55 | 55 | | the judge or magistrate concerning the defendant's release on bail |
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| 56 | 56 | | that the defendant is at risk of flight. |
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| 57 | 57 | | SECTION 3. Article 2.245, Code of Criminal Procedure, as |
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| 58 | 58 | | added by this Act, applies only to a defendant admitted to a |
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| 59 | 59 | | correctional facility on or after the effective date of this Act. A |
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| 60 | 60 | | defendant admitted to a correctional facility before the effective |
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| 61 | 61 | | date of this Act is covered by the law in effect on the date the |
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| 62 | 62 | | defendant was admitted, and the former law is continued in effect |
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| 63 | 63 | | for that purpose. |
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| 64 | 64 | | SECTION 4. This Act takes effect September 1, 2009. |
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