82R2253 KEL-D
By: Lewis H.B. No. 532
A BILL TO BE ENTITLED
AN ACT
relating to certain offenses and criminal procedures involving
persons who are not citizens of the United States; providing a
penalty.
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 IMMIGRATION STATUS OF CERTAIN
ARRESTED PERSONS. As soon as practicable after a person is arrested
for a felony or for an offense under Section 49.04, Penal Code, and
before the person is released on bond, the law enforcement agency
that arrested the person or that has custody of the person shall
make a reasonable effort to:
(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) if United States Immigration and Customs
Enforcement does not have the results of the immigration status
verification under Subdivision (1), notify United States
Immigration and Customs Enforcement of the results of the
immigration status verification if the verification 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. Article 14.03, Code of Criminal Procedure, is
amended by adding Subsection (h) to read as follows:
(h) A peace officer may arrest, without warrant, a person
who the peace officer has probable cause to believe is not a citizen
or national of the United States and 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.). The law
enforcement agency having jurisdiction over the arrest promptly
shall notify United States Immigration and Customs Enforcement of
any warrantless arrest made by an officer under this subsection
and, for purposes of delivering the person into federal custody,
may detain the person for a period not to exceed 48 hours. The
limitation on the detention period provided by this subsection does
not apply if, before the expiration of the period, the person is
placed under arrest for the commission of another offense.
SECTION 3. Chapter 17, Code of Criminal Procedure, is
amended by adding Article 17.154 to read as follows:
Art. 17.154. BAIL FOR CERTAIN PERSONS UNLAWFULLY PRESENT IN
UNITED STATES. (a) At any proceeding before a judge or magistrate
concerning a defendant's release on bail, a presumption exists that
a defendant taken into custody for a felony or for an offense under
Section 49.04, Penal Code, is at risk of flight if the judge or
magistrate determines that the defendant:
(1) is not a citizen or national of the United States;
and
(2) 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 defendant may present evidence to the judge or
magistrate to rebut the presumption established under Subsection
(a).
(c) Section 2.05, Penal Code, does not apply to a
presumption established under Subsection (a).
SECTION 4. Subchapter A, Chapter 13, Election Code, is
amended by adding Section 13.008 to read as follows:
Sec. 13.008. UNLAWFUL APPLICATION BY PERSON WHO IS NOT
UNITED STATES CITIZEN. (a) A person commits an offense if the
person is not a citizen of the United States and the person:
(1) submits an application for registration as a voter
in this state; or
(2) requests, commands, or attempts to induce another
to submit on the person's behalf a registration application.
(b) An offense under this section is a felony of the second
degree.
SECTION 5. Section 13.122(a), Election Code, is amended to
read as follows:
(a) In addition to the other statements and spaces for
entering information that appear on an officially prescribed
registration application form, each official form must include:
(1) the statement: "I understand that giving false
information to procure a voter registration is perjury and a crime
under state and federal law and that submitting a voter
registration or voting as a noncitizen is also a crime under state
law.";
(2) a space for the applicant's registration number;
(3) a space for the applicant's Texas driver's license
number or number of a personal identification card issued by the
Department of Public Safety;
(4) a space for the applicant's telephone number;
(5) a space for the applicant's social security
number;
(6) a space for the applicant's sex;
(7) a statement indicating that the furnishing of the
applicant's telephone number and sex is optional;
(8) a space or box for indicating whether the
applicant or voter is submitting new registration information or a
change in current registration information;
(9) a statement instructing a voter who is using the
form to make a change in current registration information to enter
the voter's name and the changed information in the appropriate
spaces on the form;
(10) a statement that if the applicant declines to
register to vote, that fact will remain confidential and will be
used only for voter registration purposes;
(11) a statement that if the applicant does register
to vote, information regarding the agency or office to which the
application is submitted will remain confidential and will be used
only for voter registration purposes;
(12) a space or box for indicating whether the
applicant is interested in working as an election judge;
(13) a statement warning that a conviction of an
offense under this code [for making a false statement] may result in
imprisonment for up to the maximum amount of time provided by law, a
fine of up to the maximum amount provided by law, or both the
imprisonment and the fine; and
(14) any other voter registration information
required by federal law or considered appropriate and required by
the secretary of state.
SECTION 6. Subchapter A, Chapter 64, Election Code, is
amended by adding Section 64.013 to read as follows:
Sec. 64.013. UNLAWFUL VOTING BY PERSON WHO IS NOT UNITED
STATES CITIZEN. (a) A person commits an offense if the person is
not a citizen of the United States and the person votes in an
election in this state.
(b) An offense under this section is a felony of the second
degree.
SECTION 7. The change in law made by this Act in adding
Article 17.154, Code of Criminal Procedure, applies only to a
proceeding regarding bail that is conducted on or after the
effective date of this Act, regardless of when the defendant
committed the underlying offense for which the defendant became
subject to the proceeding. A proceeding regarding bail conducted
before the effective date of this Act is governed by the law in
effect at the time of the proceeding, and the former law is
continued in effect for that purpose.
SECTION 8. This Act takes effect September 1, 2011.