Texas 2009 - 81st Regular

Texas Senate Bill SB2584 Compare Versions

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1	1	By: Patrick S.B. No. 2584
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the reporting of certain felons incarcerated in Texas
7	7	jails to federal authorities.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 2, Code of Criminal Procedure, is
10	10	amended by adding Article 2.245 to read as follows:
11	11	Art. 2.245. SHERIFF OR OTHER OFFICER TO DETERMINE
12	12	IMMIGRATION STATUS OF CERTAIN DEFENDANTS. (a) This article
13	13	applies only to a conviction of a felony under:
14	14	(1) Title 5, Penal Code;
15	15	(2) Title 6, Penal Code;
16	16	(3) Title 7, Penal Code;
17	17	(4) Chapter 43, Penal Code;
18	18	(5) Chapter 46, Penal Code; or
19	19	(6) Chapter 481, Health and Safety Code.
20	20	(b) The sheriff or any other officer in charge of a
21	21	correctional facility, as defined by Section 1.07, Penal Code,
22	22	shall immediately, on receiving a defendant who has been convicted
23	23	of a felony to which this article applies, make a reasonable effort
24	24	to determine the defendant's citizenship status from documents in
25	25	the defendant's possession.
26	26	(c) If the sheriff or other officer has reason to believe
27	27	the defendant is a foreign national, the sheriff or officer shall
28	28	make a reasonable effort to verify from documents in the
29	29	defendant's possession that:
30	30	(1) the defendant has been lawfully admitted to the
31	31	United States; and
32	32	(2) if lawfully admitted, the defendant's lawful
33	33	status has not expired.
34	34	(d) If the sheriff or other officer cannot verify the
35	35	defendant's immigration status under Subsection (c) from documents
36	36	in the defendant's possession, the sheriff or other officer, not
37	37	later than 48 hours after the defendant is received at the
38	38	correctional facility, shall contact the Law Enforcement Support
39	39	Center of the United States Department of Homeland Security, or
40	40	other office or agency designated for that purpose by the
41	41	Department of Homeland Security, to verify the defendant's
42	42	immigration status.
43	43	(e) The sheriff or other officer shall notify the United
44	44	States Department of Homeland Security if the sheriff or officer
45	45	determines that:
46	46	(1) the defendant was not lawfully admitted to the
47	47	United States; or
48	48	(2) although lawfully admitted, the defendant's lawful
49	49	status has expired.
50	50	(f) The sheriff or other officer by telephone or electronic
51	51	means may contact or provide notice to the United States Department
52	52	of Homeland Security or other office or agency as described by
53	53	Subsection (d) or (e).
54	54	(g) The Commission on Jail Standards and the Texas
55	55	Department of Criminal Justice shall prepare and issue guidelines
56	56	and procedures to ensure compliance with this article by
57	57	correctional facilities under their respective jurisdictions.
58	58	SECTION 2. Article 2.245, Code of Criminal Procedure, as
59	59	added by this Act, applies only to a defendant admitted to a
60	60	correctional facility on or after the effective date of this Act. A
61	61	defendant admitted to a correctional facility before the effective
62	62	date of this Act is covered by the law in effect on the date the
63	63	defendant was admitted, and the former law is continued in effect
64	64	for that purpose.
65	65	SECTION 3. This Act takes effect September 1, 2009.