| 1 | 1 | | 85R12204 ADM-D |
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| 2 | 2 | | By: Dean H.B. No. 2280 |
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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 the duties of a law enforcement agency regarding the |
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| 8 | 8 | | immigration status of an arrested person and to the agency's |
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| 9 | 9 | | enforcement of immigration detainers and of laws relating to |
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| 10 | 10 | | immigration. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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| 13 | 13 | | amended by adding Articles 2.251, 2.252, and 2.253 to read as |
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| 14 | 14 | | follows: |
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| 15 | 15 | | Art. 2.251. DUTIES RELATED TO ARRESTED PERSON. (a) Not |
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| 16 | 16 | | later than 48 hours after a person is arrested and before the person |
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| 17 | 17 | | is released on bond, a law enforcement agency performing the |
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| 18 | 18 | | booking process shall: |
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| 19 | 19 | | (1) review any information available under the federal |
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| 20 | 20 | | Priority Enforcement Program operated by United States Immigration |
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| 21 | 21 | | and Customs Enforcement or a successor program; or |
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| 22 | 22 | | (2) request information regarding the person's |
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| 23 | 23 | | immigration status from: |
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| 24 | 24 | | (A) a peace officer or other law enforcement |
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| 25 | 25 | | officer of this state who is authorized under federal law to verify |
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| 26 | 26 | | a person's immigration status; or |
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| 27 | 27 | | (B) a federal immigration officer, in accordance |
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| 28 | 28 | | with 8 U.S.C. Section 1373(c). |
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| 29 | 29 | | (b) A law enforcement agency is not required to perform the |
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| 30 | 30 | | duties imposed by Subsection (a) with respect to a person who is |
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| 31 | 31 | | transferred to the custody of the agency by another law enforcement |
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| 32 | 32 | | agency if the transferring agency performed those duties before |
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| 33 | 33 | | transferring custody of the person. |
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| 34 | 34 | | Art. 2.252. DUTIES RELATED TO IMMIGRATION DETAINER. A law |
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| 35 | 35 | | enforcement agency that has custody of a person subject to an |
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| 36 | 36 | | immigration detainer issued by United States Immigration and |
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| 37 | 37 | | Customs Enforcement shall: |
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| 38 | 38 | | (1) provide to the judge or magistrate authorized to |
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| 39 | 39 | | grant or deny the person's release on bail under Chapter 17 notice |
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| 40 | 40 | | that the person is subject to an immigration detainer; and |
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| 41 | 41 | | (2) detain the person as required by the immigration |
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| 42 | 42 | | detainer. |
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| 43 | 43 | | Art. 2.253. DISCRIMINATION PROHIBITED. A law enforcement |
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| 44 | 44 | | agency or a person employed by or otherwise under the direction or |
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| 45 | 45 | | control of the agency may not consider race, color, language, or |
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| 46 | 46 | | national origin while enforcing immigration laws except to the |
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| 47 | 47 | | extent permitted by the United States Constitution or Texas |
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| 48 | 48 | | Constitution. |
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| 49 | 49 | | SECTION 2. This Act takes effect September 1, 2017. |
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