82R5355 MAW-D
By: Bonnen H.B. No. 1800
A BILL TO BE ENTITLED
AN ACT
relating to the detection and reporting of unauthorized
immigration, the collection and dissemination of information
concerning unauthorized immigration, and the enforcement of
certain laws governing immigration.
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. (a) Not later than 48 hours after a person is arrested and
before the person is released on bond, the law enforcement agency
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) notify United States Immigration and Customs
Enforcement that the person is in the custody of the law enforcement
agency if 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.).
(b) A law enforcement agency that provides notice to United
States Immigration and Customs Enforcement under Subsection (a)(2)
shall immediately provide to the Department of Public Safety of the
State of Texas the following information concerning the person
arrested:
(1) the results of the immigration status
verification; and
(2) other information described by Article 61A.02(b).
SECTION 2. Title 1, Code of Criminal Procedure, is amended
by adding Chapter 61A to read as follows:
CHAPTER 61A. IMMIGRATION DATABASE
Art. 61A.01. DEFINITION. In this chapter, "department"
means the Department of Public Safety of the State of Texas.
Art. 61A.02. CENTRAL DATABASE; PUBLIC INFORMATION.
(a) The department shall maintain a computerized central database
containing information regarding each person:
(1) who has been arrested in this state; and
(2) with reference to whom an immigration status
verification under Article 2.252 has revealed 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.).
(b) The department may include in the database any
information that the department determines to be relevant and that
is not confidential or protected from disclosure under other law.
The information contained in the database must include:
(1) the person's name;
(2) the offense for which the person was arrested;
(3) the results of each immigration status
verification concerning the person;
(4) the law enforcement agency by which the person is
or was being detained; and
(5) if applicable, whether the person has been
released or discharged from the custody of a law enforcement agency
in this state, including whether the person has been transferred to
the custody of United States Immigration and Customs Enforcement
for the initiation or completion of deportation proceedings and
information regarding the disposition of those proceedings.
(c) The department shall make the information contained in
the database available to any peace officer or law enforcement
agency in the state.
(d) The information contained in the database is public
information, with the exception of information regarding any social
security number, driver's license or personal identification
certificate number, or telephone number used by the person,
regardless of whether the number belongs or has been assigned to the
person.
(e) The department shall publish on its Internet website:
(1) all public information contained in the database;
and
(2) a list of all persons in the database who have been
released or discharged from the custody of a law enforcement agency
in this state, including an indication as to whether the person has
been transferred to the custody of United States Immigration and
Customs Enforcement for the initiation or completion of deportation
proceedings and information regarding the disposition of those
proceedings.
(f) The department shall design and implement a system for:
(1) receiving information from a law enforcement
agency under Article 2.252 and including that information in the
database;
(2) notifying a person whose information is included
in the database of that fact and of the procedure and requirements
for removing information from the database;
(3) removing from the database and the department's
Internet website information concerning a person who provides to
the department documentation issued by United States Citizenship
and Immigration Services that authorizes the person to be in the
United States; and
(4) notifying United States Immigration and Customs
Enforcement of the arrest of a person described by Subsection (a) on
each business day following the date of the arrest until the
earliest of:
(A) the date the person is released or discharged
from the custody of a law enforcement agency in this state,
including being transferred to the custody of United States
Immigration and Customs Enforcement;
(B) the date United States Immigration and
Customs Enforcement issues a detainer with respect to the person;
or
(C) the 10th business day after the date of the
arrest.
SECTION 3. Section 411.135(a), Government Code, is amended
to read as follows:
(a) Any person is entitled to obtain from the department:
(1) any information described as public information
under Chapter 61A or 62, Code of Criminal Procedure, [as added by
Chapter 668, Acts of the 75th Legislature, Regular Session, 1997,]
including, to the extent available, a recent photograph of each
person subject to registration under Chapter 62 [that chapter]; and
(2) criminal history record information maintained by
the department that relates to the conviction of or a grant of
deferred adjudication to a person for any criminal offense,
including arrest information that relates to the conviction or
grant of deferred adjudication.
SECTION 4. The heading to Chapter 370, Local Government
Code, is amended to read as follows:
CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL AND
COUNTY] HEALTH AND PUBLIC SAFETY APPLICABLE TO MORE THAN ONE TYPE OF
LOCAL GOVERNMENT
SECTION 5. Section 370.003, Local Government Code, is
amended to read as follows:
Sec. 370.003. LOCAL GOVERNMENT [MUNICIPAL OR COUNTY] POLICY
REGARDING ENFORCEMENT OF STATE AND FEDERAL [DRUG] LAWS. (a) This
section applies to:
(1) the [The] governing body of a municipality, [the
commissioners court of a] county, or other political subdivision;
(2) an officer, employee, or other body that is part of
a municipality, county, or other political subdivision, including a
sheriff, municipal police department, municipal attorney, or
county attorney; or
(3) a[,] district attorney[,] or criminal district
attorney.
(b) An entity described by Subsection (a) may not adopt a
rule, order, ordinance, or policy under which the entity will not
fully enforce laws relating to:
(1) drugs, including Chapters 481 and 483, Health and
Safety Code; and
(2) immigrants or immigration, including the federal
Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.)[,
and federal law].
(c) An entity described by Subsection (a) may not receive
state money or retain unexpended state money if the entity adopts a
rule, order, ordinance, or policy under which the entity will not
fully enforce laws described by Subsection (b)(2) or, by consistent
actions, fails to fully enforce those laws.
(d) If the attorney general determines that an entity
described by Subsection (a) is ineligible to retain state money as
provided by Subsection (c), the attorney general shall notify the
entity of that determination and the entity shall promptly forfeit
and repay to the state all unexpended state money held by the
entity. The attorney general shall stay the duty to repay pending
the outcome of an appeal under Subsection (e).
(e) Not later than the 21st day after the date of receiving
notice of a determination under Subsection (d), an entity may
appeal the determination to a Travis County district court.
(f) An entity described by Subsection (a) that is determined
ineligible to retain state money as provided by Subsections (d) and
(e) shall be denied state money for each fiscal year:
(1) following the year in which the rule, order,
ordinance, or policy is adopted or the determination is made that
the entity has intentionally failed to fully enforce laws described
by Subsection (b)(2); and
(2) during which the rule, order, ordinance, or policy
that resulted in the determination remains in effect or the failure
to enforce that resulted in the determination continues.
SECTION 6. Not later than March 1, 2012, the Department of
Public Safety of the State of Texas shall implement the
computerized central database required by Chapter 61A, Code of
Criminal Procedure, as added by this Act.
SECTION 7. This Act takes effect September 1, 2011.