82R2208 KEL-D
By: Patrick S.B. No. 126
A BILL TO BE ENTITLED
AN ACT
relating to the duty of a peace officer to inquire into the lawful
presence of certain persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.251 to read as follows:
Art. 2.251. LAWFUL PRESENCE INQUIRY BY PEACE OFFICER. (a)
A peace officer shall inquire into the lawful presence of any person
who is lawfully stopped, detained, or arrested on other grounds if
the officer has a reasonable suspicion to believe the person has
violated a criminal provision of the federal immigration laws.
(b) If a peace officer has probable cause to believe the
person has committed a violation described by Subsection (a), the
officer:
(1) may arrest the person for the violation; and
(2) shall identify and report the person to United
States Immigration and Customs Enforcement after any arrest made by
the officer under Subdivision (1) or on other grounds.
(c) A local ordinance, regulation, or policy that
interferes with the ability of a peace officer to carry out a duty
conferred by this article is void.
(d) A law enforcement agency, political subdivision, or
other governmental entity and a peace officer or other employee of
that agency, subdivision, or entity are immune from suit and
liability for any cause of action, claim, or damages arising from
the performance of an action authorized or a duty mandated under
this article or from a failure to perform a duty mandated under this
article. This subsection does not limit the liability of the
agency, subdivision, entity, or officer or other employee for any
intentional misconduct, recklessness, or gross negligence
committed in performing an action authorized or a duty mandated
under this article or in failing to perform a duty mandated under
this article.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.