By: Madden (Senate Sponsor - Williams) H.B. No. 2734
(In the Senate - Received from the House April 26, 2011;
April 29, 2011, read first time and referred to Committee on
Transportation and Homeland Security; May 20, 2011, reported
favorably by the following vote: Yeas 9, Nays 0; May 20, 2011, sent
to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to certain mandatory conditions of parole or mandatory
supervision for illegal criminal aliens and the revocation of
parole or mandatory supervision as a result of violating those
conditions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 508, Government Code, is
amended by adding Section 508.192 to read as follows:
Sec. 508.192. REENTRY INTO THE UNITED STATES PROHIBITED.
(a) In this section, "illegal criminal alien" has the meaning
assigned by Section 493.015.
(b) A parole panel shall require as a condition of parole or
mandatory supervision that an illegal criminal alien released to
the custody of United States Immigration and Customs Enforcement:
(1) regardless of whether a final order of deportation
is issued with reference to the illegal criminal alien, leave the
United States as soon as possible after release; and
(2) not unlawfully return to or unlawfully reenter the
United States in violation of the Immigration Reform and Control
Act of 1986 (8 U.S.C. Section 1101 et seq.).
SECTION 2. Section 508.281, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) If a parole panel or designated agent of the board
determines that a releasee has violated a condition of release
required under Section 508.192 and confirms the violation with 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, in accordance with 8 U.S.C. Section 1373(c), with a
federal law enforcement officer, the determination is considered to
be a sufficient hearing to revoke the parole or mandatory
supervision without further hearing or determination, except that
the parole panel or designated agent shall conduct a hearing to
consider mitigating circumstances, if requested by the releasee.
SECTION 3. Section 508.192, Government Code, as added by
this Act, applies only to a person who is released on parole or to
mandatory supervision on or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2011.
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