84R3435 ADM-D
By: Capriglione H.B. No. 1778
A BILL TO BE ENTITLED
AN ACT
relating to the verification of the immigration status of an
arrested person.
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. VERIFICATION OF IMMIGRATION STATUS OF ARRESTED
PERSON. (a) Not later than 48 hours after a person is arrested and
before the person is released on bond, the law enforcement agency
that has custody of the person shall:
(1) verify the person's immigration status by
requesting information regarding the person's immigration status:
(A) from 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) through a program operated by an agency of
the federal government for the purpose of providing immigration
status information to law enforcement agencies; and
(2) if the information obtained under Subdivision (1)
reveals that the person 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 and Nationality Act (8 U.S.C. Section
1101 et seq.), provide notice of that fact to:
(A) the judge or magistrate authorized to grant
or deny the person's release on bail under Chapter 17; and
(B) United States Immigration and Customs
Enforcement.
(b) A law enforcement agency is not required to perform the
duties imposed by Subsection (a) with respect to a person who is
transferred to the custody of the agency by another law enforcement
agency if the transferring agency performed those duties before
transferring custody of the person.
SECTION 2. This Act takes effect September 1, 2015.