| 1 | 1 | | 86R9281 ADM-D |
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| 2 | 2 | | By: RodrÃguez S.B. No. 1165 |
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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 an inquiry by a peace officer as to the nationality or |
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| 8 | 8 | | immigration status of a person presumed to be a family violence |
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| 9 | 9 | | victim or witness. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter C, Chapter 752, Government Code, is |
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| 12 | 12 | | amended by adding Section 752.0531 to read as follows: |
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| 13 | 13 | | Sec. 752.0531. POLICY ON IMMIGRATION INQUIRIES DIRECTED TO |
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| 14 | 14 | | PERSON PRESUMED TO BE FAMILY VIOLENCE VICTIM OR WITNESS. (a) In |
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| 15 | 15 | | this section, "family violence" has the meaning assigned by Section |
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| 16 | 16 | | 71.004, Family Code. |
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| 17 | 17 | | (b) Notwithstanding any other provision of this subchapter, |
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| 18 | 18 | | a local entity or campus police department may adopt, enforce, and |
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| 19 | 19 | | endorse a policy to provide guidance to peace officers regarding |
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| 20 | 20 | | the application of Article 2.13(d), Code of Criminal Procedure, as |
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| 21 | 21 | | added by Chapter 4 (S.B. 4), Acts of the 85th Legislature, Regular |
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| 22 | 22 | | Session, 2017, to a person presumed to be a victim of or witness to |
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| 23 | 23 | | family violence. |
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| 24 | 24 | | (c) A policy adopted under this section: |
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| 25 | 25 | | (1) must provide specific criteria to enable a peace |
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| 26 | 26 | | officer to determine whether a person is likely to have been a |
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| 27 | 27 | | victim of or witness to family violence; and |
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| 28 | 28 | | (2) may be designed for the purpose of limiting |
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| 29 | 29 | | inquiries regarding the nationality or immigration status of those |
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| 30 | 30 | | persons. |
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| 31 | 31 | | SECTION 2. This Act takes effect immediately if it receives |
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| 32 | 32 | | a vote of two-thirds of all the members elected to each house, as |
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| 33 | 33 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 34 | 34 | | Act does not receive the vote necessary for immediate effect, this |
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| 35 | 35 | | Act takes effect September 1, 2019. |
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