85R12204 ADM-D
By: Dean H.B. No. 2280
A BILL TO BE ENTITLED
AN ACT
relating to the duties of a law enforcement agency regarding the
immigration status of an arrested person and to the agency's
enforcement of immigration detainers and of laws relating to
immigration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Articles 2.251, 2.252, and 2.253 to read as
follows:
Art. 2.251. DUTIES RELATED TO ARRESTED PERSON. (a) Not
later than 48 hours after a person is arrested and before the person
is released on bond, a law enforcement agency performing the
booking process shall:
(1) review any information available under the federal
Priority Enforcement Program operated by United States Immigration
and Customs Enforcement or a successor program; or
(2) request information regarding the person's
immigration status from:
(A) 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) a federal immigration officer, in accordance
with 8 U.S.C. Section 1373(c).
(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.
Art. 2.252. DUTIES RELATED TO IMMIGRATION DETAINER. A law
enforcement agency that has custody of a person subject to an
immigration detainer issued by United States Immigration and
Customs Enforcement shall:
(1) provide to the judge or magistrate authorized to
grant or deny the person's release on bail under Chapter 17 notice
that the person is subject to an immigration detainer; and
(2) detain the person as required by the immigration
detainer.
Art. 2.253. DISCRIMINATION PROHIBITED. A law enforcement
agency or a person employed by or otherwise under the direction or
control of the agency may not consider race, color, language, or
national origin while enforcing immigration laws except to the
extent permitted by the United States Constitution or Texas
Constitution.
SECTION 2. This Act takes effect September 1, 2017.