82R9969 MAW-D
By: Solomons, Harper-Brown, et al. H.B. No. 183
Substitute the following for H.B. No. 183:
By: Frullo C.S.H.B. No. 183
A BILL TO BE ENTITLED
AN ACT
relating to the duty of a law enforcement agency to request
information regarding 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. INFORMATION REQUEST REGARDING 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 has custody of the person shall:
(1) request information regarding the person's
immigration status from:
(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 information received following a request under
Subdivision (1) 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.