82R5044 MAW-D
By: Kolkhorst, Madden, et al. H.B. No. 1455
A BILL TO BE ENTITLED
AN ACT
relating to the release or discharge by a law enforcement agency of
certain illegal immigrants at the office of a United States senator
or United States representative.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 16, Code of Criminal Procedure, is
amended by adding Article 16.23 to read as follows:
Art. 16.23. RELEASE OR DISCHARGE OF CERTAIN ILLEGAL
IMMIGRANTS. (a) In this article, "illegal immigrant" means a
person who:
(1) is not a citizen or national of the United States;
and
(2) 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.).
(b) This article applies only to an illegal immigrant who:
(1) is entitled to be released on bail or discharged
following the completion of the immigrant's sentence; and
(2) is not subject to an immigration detainer issued
by United States Immigration and Customs Enforcement prohibiting
the person's release or discharge.
(c) A law enforcement agency that has custody of an illegal
immigrant to whom this article applies may:
(1) release or discharge the illegal immigrant at the
office of a United States senator or United States representative
during that office's normal business hours; and
(2) request an agent or employee of the United States
senator or United States representative to sign a document
acknowledging the release or discharge of the illegal immigrant at
the senator's or representative's office.
(d) Subsection (c) does not apply to an illegal immigrant
for whom release or discharge at a location described by Subsection
(c) is prohibited by a court order or other law.
(e) A law enforcement agency may maintain a record of each
illegal immigrant released or discharged from the custody of the
agency who is not transferred to the custody of United States
Immigration and Customs Enforcement.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.