86R9281 ADM-D
By: RodrÃguez S.B. No. 1165
A BILL TO BE ENTITLED
AN ACT
relating to an inquiry by a peace officer as to the nationality or
immigration status of a person presumed to be a family violence
victim or witness.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 752, Government Code, is
amended by adding Section 752.0531 to read as follows:
Sec. 752.0531. POLICY ON IMMIGRATION INQUIRIES DIRECTED TO
PERSON PRESUMED TO BE FAMILY VIOLENCE VICTIM OR WITNESS. (a) In
this section, "family violence" has the meaning assigned by Section
71.004, Family Code.
(b) Notwithstanding any other provision of this subchapter,
a local entity or campus police department may adopt, enforce, and
endorse a policy to provide guidance to peace officers regarding
the application of Article 2.13(d), Code of Criminal Procedure, as
added by Chapter 4 (S.B. 4), Acts of the 85th Legislature, Regular
Session, 2017, to a person presumed to be a victim of or witness to
family violence.
(c) A policy adopted under this section:
(1) must provide specific criteria to enable a peace
officer to determine whether a person is likely to have been a
victim of or witness to family violence; and
(2) may be designed for the purpose of limiting
inquiries regarding the nationality or immigration status of those
persons.
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, 2019.