82R1155 MAW-D
By: Bohac H.B. No. 1382
A BILL TO BE ENTITLED
AN ACT
relating to the duty of a law enforcement agency to verify the
immigration status of an arrested person.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.252 to read as follows:
Art. 2.252. VERIFICATION OF ARRESTED PERSON'S IMMIGRATION
STATUS. Not later than 48 hours after a person is arrested and
before the person is released on bond, the law enforcement agency
that arrested the person or that has custody of the person shall:
(1) have the person's immigration status verified by:
(A) a peace officer or other law enforcement
officer of this state who is authorized under federal law to verify
a person's immigration status; or
(B) a federal law enforcement officer, in
accordance with 8 U.S.C. Section 1373(c); and
(2) if United States Immigration and Customs
Enforcement does not have the results of the immigration status
verification under Subdivision (1), notify United States
Immigration and Customs Enforcement of the results of the
immigration status verification if the verification reveals that
the person:
(A) is not a citizen or national of the United
States; and
(B) is unlawfully present in the United States
according to the terms of the Immigration Reform and Control Act of
1986 (8 U.S.C. Section 1101 et seq.).
SECTION 2. This Act takes effect September 1, 2011.