81R315 HLT-D
By: Howard of Fort Bend H.B. No. 4485
A BILL TO BE ENTITLED
AN ACT
relating to the identification of certain defendants as foreign
nationals who were not lawfully admitted to the United States or
whose lawful status has expired and to their release on bail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.245 to read as follows:
Art. 2.245. SHERIFF OR OTHER OFFICER TO DETERMINE
IMMIGRATION STATUS OF CERTAIN DEFENDANTS. (a) In this section,
"intoxication offense" means an offense under Section 49.04, 49.05,
49.06, or 49.065, Penal Code.
(b) The sheriff or any other officer in charge of a
correctional facility in which a defendant is confined awaiting
trial for a felony or an intoxication offense shall immediately, on
receiving the defendant, make a reasonable effort to determine the
defendant's citizenship status.
(c) If the sheriff or other officer has reason to believe
the defendant is a foreign national, the sheriff or officer shall
make a reasonable effort to verify that:
(1) the defendant has been lawfully admitted to the
United States; and
(2) if lawfully admitted, the defendant's lawful
status has not expired.
(d) If the sheriff or other officer cannot verify the
defendant's immigration status under Subsection (c) from documents
in the defendant's possession, the sheriff or other officer, not
later than 48 hours after the defendant is received at the
correctional facility, shall contact the Law Enforcement Support
Center of the United States Department of Homeland Security, or
other office or agency designated for that purpose by the
Department of Homeland Security, to verify the defendant's
immigration status.
(e) The sheriff or other officer shall notify the judge or
magistrate authorized to grant or deny the defendant's release on
bail under Chapter 17 and the Department of Homeland Security if the
sheriff or officer determines that:
(1) the defendant was not lawfully admitted to the
United States; or
(2) although lawfully admitted, the defendant's lawful
status has expired.
(f) The Commission on Jail Standards shall prepare and issue
guidelines and procedures to ensure compliance with this section.
SECTION 2. Chapter 17, Code of Criminal Procedure, is
amended by adding Article 17.153 to read as follows:
Art. 17.153. BAIL FOR CERTAIN IMMIGRANTS. If under Article
2.245 a sheriff or other officer notifies a judge or magistrate that
a defendant was not lawfully admitted to the United States or that,
although lawfully admitted, the defendant's lawful status has
expired, there is a rebuttable presumption at any proceeding before
the judge or magistrate concerning the defendant's release on bail
that the defendant is at risk of flight.
SECTION 3. Article 2.245, Code of Criminal Procedure, as
added by this Act, applies only to a defendant admitted to a
correctional facility on or after the effective date of this Act. A
defendant admitted to a correctional facility before the effective
date of this Act is covered by the law in effect on the date the
defendant was admitted, and the former law is continued in effect
for that purpose.
SECTION 4. This Act takes effect September 1, 2009.