By: Patrick S.B. No. 2584
(In the Senate - Filed May 12, 2009; May 12, 2009, read
first time and referred to Committee on Criminal Justice; May 13,
2009, rereferred to Committee on Transportation and Homeland
Security; May 14, 2009, reported favorably by the following vote:
Yeas 5, Nays 0; May 14, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the reporting of certain felons incarcerated in Texas
jails to federal authorities.
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) This article
applies only to a conviction of a felony under:
(1) Title 5, Penal Code;
(2) Title 6, Penal Code;
(3) Title 7, Penal Code;
(4) Chapter 43, Penal Code;
(5) Chapter 46, Penal Code; or
(6) Chapter 481, Health and Safety Code.
(b) The sheriff or any other officer in charge of a
correctional facility, as defined by Section 1.07, Penal Code,
shall immediately, on receiving a defendant who has been convicted
of a felony to which this article applies, 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 United
States 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 and the Texas
Department of Criminal Justice shall prepare and issue guidelines
and procedures to ensure compliance with this article by
correctional facilities under their respective jurisdictions.
SECTION 2. 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 3. This Act takes effect September 1, 2009.
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