86R9329 ADM-D
By: Bernal H.B. No. 1795
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement by certain entities of state and
federal immigration laws with respect to persons younger than 18
years of age.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2.251, Code of Criminal Procedure, is
amended by adding Subsection (c) to read as follows:
(c) A law enforcement agency is not required to perform a
duty imposed by Subsection (a) with respect to a person who is
younger than 18 years of age.
SECTION 2. Section 752.053(b), Government Code, is amended
to read as follows:
(b) In compliance with Subsection (a), a local entity or
campus police department may not prohibit or materially limit a
person who is a commissioned peace officer described by Article
2.12, Code of Criminal Procedure, a corrections officer, a booking
clerk, a magistrate, or a district attorney, criminal district
attorney, or other prosecuting attorney and who is employed by or
otherwise under the direction or control of the entity or
department from doing any of the following:
(1) inquiring into the immigration status of a person
who is 18 years of age or older and is under a lawful detention or
under arrest;
(2) with respect to information relating to the
immigration status, lawful or unlawful, of any person who is 18
years of age or older and is under a lawful detention or under
arrest, including information regarding the person's place of
birth:
(A) sending the information to or requesting or
receiving the information from United States Citizenship and
Immigration Services, United States Immigration and Customs
Enforcement, or another relevant federal agency;
(B) maintaining the information; or
(C) exchanging the information with another
local entity or campus police department or a federal or state
governmental entity;
(3) assisting or cooperating with a federal
immigration officer as reasonable or necessary, including
providing enforcement assistance; or
(4) permitting a federal immigration officer to enter
and conduct enforcement activities at a jail to enforce federal
immigration laws.
SECTION 3. Section 39.07, Penal Code, is amended by adding
Subsection (d) to read as follows:
(d) It is an exception to the application of this section
that the person who was subject to an immigration detainer request
described by Subsection (a)(1) was, at the time the detainer
request was received, younger than 18 years of age.
SECTION 4. The change in law made by this Act in amending
Section 39.07, Penal Code, applies only to an offense committed on
or after the effective date of this Act. An offense committed
before the effective date of this Act is governed by the law in
effect on the date the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense was committed before the effective date of this Act if
any element of the offense occurred before that date.
SECTION 5. This Act takes effect September 1, 2019.