| 1 | 1 | | 84R880 ADM-D |
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| 2 | 2 | | By: Johnson H.B. No. 154 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a prohibition on certain law enforcement inquiries |
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| 8 | 8 | | regarding the nationality or immigration status of a victim of or |
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| 9 | 9 | | witness to a criminal offense. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Article 2.13, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Subsections (d) and (e) to read as follows: |
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| 13 | 13 | | (d) Subject to Subsection (e), in the course of |
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| 14 | 14 | | investigating an alleged criminal offense, a peace officer may |
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| 15 | 15 | | inquire as to the nationality or immigration status of a victim of |
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| 16 | 16 | | or witness to the offense only if the officer determines that the |
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| 17 | 17 | | inquiry is necessary to: |
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| 18 | 18 | | (1) investigate the offense; or |
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| 19 | 19 | | (2) provide the victim or witness with information |
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| 20 | 20 | | about federal visas designed to protect individuals providing |
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| 21 | 21 | | assistance to law enforcement. |
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| 22 | 22 | | (e) Subsection (d) does not prevent a peace officer from: |
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| 23 | 23 | | (1) conducting a separate investigation of any other |
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| 24 | 24 | | alleged criminal offense; or |
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| 25 | 25 | | (2) inquiring as to the nationality or immigration |
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| 26 | 26 | | status of a victim of or witness to a criminal offense if the |
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| 27 | 27 | | officer has probable cause to believe that the victim or witness has |
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| 28 | 28 | | engaged in specific conduct constituting a separate criminal |
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| 29 | 29 | | offense. |
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| 30 | 30 | | SECTION 2. This Act takes effect immediately if it receives |
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| 31 | 31 | | a vote of two-thirds of all the members elected to each house, as |
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| 32 | 32 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 33 | 33 | | Act does not receive the vote necessary for immediate effect, this |
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| 34 | 34 | | Act takes effect September 1, 2015. |
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