Texas 2017 - 85th 1st C.S.

Texas Senate Bill SB108 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85S10808 JRR-D
2	2	By: Garcia, Rodríguez S.B. No. 108
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5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the enforcement of federal immigration law at places of
8	8	worship, hospitals, public schools, and courthouses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 2, Code of Criminal Procedure, is
11	11	amended by adding Article 2.255 to read as follows:
12	12	Art. 2.255. ENFORCEMENT OF FEDERAL IMMIGRATION LAW AT
13	13	PLACES OF WORSHIP, HOSPITALS, PUBLIC SCHOOLS, AND COURTHOUSES. (a)
14	14	A law enforcement agency or other governmental entity that employs
15	15	a peace officer shall adopt and enforce a policy that prohibits the
16	16	agency's or entity's peace officers from participating in the
17	17	enforcement of federal law relating to aliens, immigrants, or
18	18	immigration, including the federal Immigration and Nationality Act
19	19	(8 U.S.C. Section 1101 et seq.), on the property of a place of
20	20	worship, hospital, public school, including a public institution of
21	21	higher education, or courthouse.
22	22	(b) The attorney general, in consultation with agencies and
23	23	entities described by Subsection (a), shall develop and publish a
24	24	model policy on the attorney general's Internet website for the
25	25	enforcement of federal immigration law at places of worship,
26	26	hospitals, public schools, and courthouses to ensure that those
27	27	facilities remain safe and accessible to all residents of this
28	28	state regardless of immigration status.
29	29	SECTION 2. Section 752.053, Government Code, as effective
30	30	September 1, 2017, is amended to read as follows:
31	31	Sec. 752.053. POLICIES AND ACTIONS REGARDING IMMIGRATION
32	32	ENFORCEMENT. (a) Except as provided by Article 2.255, Code of
33	33	Criminal Procedure, a [A] local entity or campus police department
34	34	may not:
35	35	(1) adopt, enforce, or endorse a policy under which
36	36	the entity or department prohibits or materially limits the
37	37	enforcement of immigration laws;
38	38	(2) as demonstrated by pattern or practice, prohibit
39	39	or materially limit the enforcement of immigration laws; or
40	40	(3) for an entity that is a law enforcement agency or
41	41	for a department, as demonstrated by pattern or practice,
42	42	intentionally violate Article 2.251, Code of Criminal Procedure.
43	43	(b) Except as provided by Article 2.255, Code of Criminal
44	44	Procedure [In compliance with Subsection (a)], a local entity or
45	45	campus police department, in compliance with Subsection (a), may
46	46	not prohibit or materially limit a person who is a commissioned
47	47	peace officer described by Article 2.12, Code of Criminal
48	48	Procedure, a corrections officer, a booking clerk, a magistrate, or
49	49	a district attorney, criminal district attorney, or other
50	50	prosecuting attorney and who is employed by or otherwise under the
51	51	direction or control of the entity or department from doing any of
52	52	the following:
53	53	(1) inquiring into the immigration status of a person
54	54	under a lawful detention or under arrest;
55	55	(2) with respect to information relating to the
56	56	immigration status, lawful or unlawful, of any person under a
57	57	lawful detention or under arrest, including information regarding
58	58	the person's place of birth:
59	59	(A) sending the information to or requesting or
60	60	receiving the information from United States Citizenship and
61	61	Immigration Services, United States Immigration and Customs
62	62	Enforcement, or another relevant federal agency;
63	63	(B) maintaining the information; or
64	64	(C) exchanging the information with another
65	65	local entity or campus police department or a federal or state
66	66	governmental entity;
67	67	(3) assisting or cooperating with a federal
68	68	immigration officer as reasonable or necessary, including
69	69	providing enforcement assistance; or
70	70	(4) permitting a federal immigration officer to enter
71	71	and conduct enforcement activities at a jail to enforce federal
72	72	immigration laws.
73	73	(c) Notwithstanding Subsection (b)(3) and subject to
74	74	Article 2.255, Code of Criminal Procedure, a local entity or campus
75	75	police department may prohibit persons who are employed by or
76	76	otherwise under the direction or control of the entity or
77	77	department from assisting or cooperating with a federal immigration
78	78	officer if the assistance or cooperation occurs at a place of
79	79	worship.
80	80	SECTION 3. This Act takes effect December 1, 2017.