| 1 | 1 | | 82R5044 MAW-D |
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| 2 | 2 | | By: Kolkhorst, Madden, et al. H.B. No. 1455 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the release or discharge by a law enforcement agency of |
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| 8 | 8 | | certain illegal immigrants at the office of a United States senator |
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| 9 | 9 | | or United States representative. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 16, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Article 16.23 to read as follows: |
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| 13 | 13 | | Art. 16.23. RELEASE OR DISCHARGE OF CERTAIN ILLEGAL |
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| 14 | 14 | | IMMIGRANTS. (a) In this article, "illegal immigrant" means a |
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| 15 | 15 | | person who: |
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| 16 | 16 | | (1) is not a citizen or national of the United States; |
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| 17 | 17 | | and |
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| 18 | 18 | | (2) is unlawfully present in the United States |
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| 19 | 19 | | according to the terms of the Immigration Reform and Control Act of |
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| 20 | 20 | | 1986 (8 U.S.C. Section 1101 et seq.). |
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| 21 | 21 | | (b) This article applies only to an illegal immigrant who: |
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| 22 | 22 | | (1) is entitled to be released on bail or discharged |
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| 23 | 23 | | following the completion of the immigrant's sentence; and |
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| 24 | 24 | | (2) is not subject to an immigration detainer issued |
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| 25 | 25 | | by United States Immigration and Customs Enforcement prohibiting |
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| 26 | 26 | | the person's release or discharge. |
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| 27 | 27 | | (c) A law enforcement agency that has custody of an illegal |
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| 28 | 28 | | immigrant to whom this article applies may: |
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| 29 | 29 | | (1) release or discharge the illegal immigrant at the |
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| 30 | 30 | | office of a United States senator or United States representative |
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| 31 | 31 | | during that office's normal business hours; and |
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| 32 | 32 | | (2) request an agent or employee of the United States |
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| 33 | 33 | | senator or United States representative to sign a document |
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| 34 | 34 | | acknowledging the release or discharge of the illegal immigrant at |
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| 35 | 35 | | the senator's or representative's office. |
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| 36 | 36 | | (d) Subsection (c) does not apply to an illegal immigrant |
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| 37 | 37 | | for whom release or discharge at a location described by Subsection |
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| 38 | 38 | | (c) is prohibited by a court order or other law. |
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| 39 | 39 | | (e) A law enforcement agency may maintain a record of each |
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| 40 | 40 | | illegal immigrant released or discharged from the custody of the |
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| 41 | 41 | | agency who is not transferred to the custody of United States |
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| 42 | 42 | | Immigration and Customs Enforcement. |
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| 43 | 43 | | SECTION 2. This Act takes effect immediately if it receives |
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| 44 | 44 | | a vote of two-thirds of all the members elected to each house, as |
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| 45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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| 47 | 47 | | Act takes effect September 1, 2011. |
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