83R2276 KCR-F
By: Rodriguez S.B. No. 527
A BILL TO BE ENTITLED
AN ACT
relating to the detention by local law enforcement agencies of
certain persons subject to federal immigration detainers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.253 to read as follows:
Art. 2.253. DETENTION OF CERTAIN PERSONS SUBJECT TO
IMMIGRATION DETAINER. (a) A local law enforcement agency that has
custody of a person who is subject to an immigration detainer issued
by United States Immigration and Customs Enforcement and who is
charged with a criminal offense may not detain the person under the
authority of the immigration detainer after the date on which the
person posts bail or discharges the person's sentence, unless the
person is charged with or has been convicted of an offense listed in
Section 3g(a)(1), Article 42.12, in which event the local law
enforcement agency shall detain the person in accordance with the
immigration detainer.
(b) A local law enforcement agency that has custody of a
person who is subject to an immigration detainer issued by United
States Immigration and Customs Enforcement and who is not charged
with any criminal offense may not detain the person under the
authority of the immigration detainer, regardless of whether the
person is a victim of, or a witness to the commission of, an offense
listed in Section 3g(a)(1), Article 42.12, the investigation and
prosecution of which is not complete at the time of the person's
detention.
SECTION 2. This Act takes effect September 1, 2013.