| 1 | 1 | | 82R9969 MAW-D |
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| 2 | 2 | | By: Solomons, Harper-Brown, et al. H.B. No. 183 |
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| 3 | 3 | | Substitute the following for H.B. No. 183: |
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| 4 | 4 | | By: Frullo C.S.H.B. No. 183 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the duty of a law enforcement agency to request |
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| 10 | 10 | | information regarding the immigration status of an arrested person. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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| 13 | 13 | | amended by adding Article 2.252 to read as follows: |
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| 14 | 14 | | Art. 2.252. INFORMATION REQUEST REGARDING ARRESTED |
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| 15 | 15 | | PERSON'S IMMIGRATION STATUS. Not later than 48 hours after a person |
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| 16 | 16 | | is arrested and before the person is released on bond, the law |
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| 17 | 17 | | enforcement agency that has custody of the person shall: |
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| 18 | 18 | | (1) request information regarding the person's |
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| 19 | 19 | | immigration status from: |
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| 20 | 20 | | (A) a peace officer or other law enforcement |
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| 21 | 21 | | officer of this state who is authorized under federal law to verify |
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| 22 | 22 | | a person's immigration status; or |
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| 23 | 23 | | (B) a federal law enforcement officer, in |
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| 24 | 24 | | accordance with 8 U.S.C. Section 1373(c); and |
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| 25 | 25 | | (2) notify United States Immigration and Customs |
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| 26 | 26 | | Enforcement that the person is in the custody of the law enforcement |
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| 27 | 27 | | agency if information received following a request under |
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| 28 | 28 | | Subdivision (1) reveals that the person: |
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| 29 | 29 | | (A) is not a citizen or national of the United |
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| 30 | 30 | | States; and |
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| 31 | 31 | | (B) is unlawfully present in the United States |
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| 32 | 32 | | according to the terms of the Immigration Reform and Control Act of |
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| 33 | 33 | | 1986 (8 U.S.C. Section 1101 et seq.). |
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| 34 | 34 | | SECTION 2. This Act takes effect September 1, 2011. |
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