85R3474 ADM-D
By: Johnson of Dallas H.B. No. 1855
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition on certain law enforcement inquiries
regarding the nationality or immigration status of a victim of or
witness to a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2.13, Code of Criminal Procedure, is
amended by adding Subsections (d) and (e) to read as follows:
(d) Subject to Subsection (e), in the course of
investigating an alleged criminal offense, a peace officer may
inquire as to the nationality or immigration status of a victim of
or witness to the offense only if the officer determines that the
inquiry is necessary to:
(1) investigate the offense; or
(2) provide the victim or witness with information
about federal visas designed to protect individuals providing
assistance to law enforcement.
(e) Subsection (d) does not prevent a peace officer from:
(1) conducting a separate investigation of any other
alleged criminal offense; or
(2) inquiring as to the nationality or immigration
status of a victim of or witness to a criminal offense if the
officer has probable cause to believe that the victim or witness has
engaged in specific conduct constituting a separate criminal
offense.
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, 2017.