| 1 | 1 | | By: Bernal H.B. No. 290 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the enforcement by certain entities of state and |
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| 7 | 7 | | federal immigration laws with respect to persons younger than 18 |
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| 8 | 8 | | years of age. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 2.251, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Subsection (c) to read as follows: |
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| 12 | 12 | | (c) A law enforcement agency is not required to perform a |
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| 13 | 13 | | duty imposed by Subsection (a) with respect to a person who is |
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| 14 | 14 | | younger than 18 years of age. |
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| 15 | 15 | | SECTION 2. Section 752.053(b), Government Code, is amended |
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| 16 | 16 | | to read as follows: |
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| 17 | 17 | | (b) In compliance with Subsection (a), a local entity or |
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| 18 | 18 | | campus police department may not prohibit or materially limit a |
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| 19 | 19 | | person who is a commissioned peace officer described by Article |
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| 20 | 20 | | 2.12, Code of Criminal Procedure, a corrections officer, a booking |
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| 21 | 21 | | clerk, a magistrate, or a district attorney, criminal district |
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| 22 | 22 | | attorney, or other prosecuting attorney and who is employed by or |
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| 23 | 23 | | otherwise under the direction or control of the entity or |
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| 24 | 24 | | department from doing any of the following: |
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| 25 | 25 | | (1) inquiring into the immigration status of a person |
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| 26 | 26 | | who is 18 years of age or older and is under a lawful detention or |
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| 27 | 27 | | under arrest; |
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| 28 | 28 | | (2) with respect to information relating to the |
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| 29 | 29 | | immigration status, lawful or unlawful, of any person who is 18 |
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| 30 | 30 | | years of age or older and is under a lawful detention or under |
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| 31 | 31 | | arrest, including information regarding the person's place of |
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| 32 | 32 | | birth: |
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| 33 | 33 | | (A) sending the information to or requesting or |
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| 34 | 34 | | receiving the information from United States Citizenship and |
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| 35 | 35 | | Immigration Services, United States Immigration and Customs |
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| 36 | 36 | | Enforcement, or another relevant federal agency; |
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| 37 | 37 | | (B) maintaining the information; or |
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| 38 | 38 | | (C) exchanging the information with another |
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| 39 | 39 | | local entity or campus police department or a federal or state |
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| 40 | 40 | | governmental entity; |
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| 41 | 41 | | (3) assisting or cooperating with a federal |
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| 42 | 42 | | immigration officer as reasonable or necessary, including |
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| 43 | 43 | | providing enforcement assistance; or |
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| 44 | 44 | | (4) permitting a federal immigration officer to enter |
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| 45 | 45 | | and conduct enforcement activities at a jail to enforce federal |
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| 46 | 46 | | immigration laws. |
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| 47 | 47 | | SECTION 3. Section 39.07, Penal Code, is amended by adding |
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| 48 | 48 | | Subsection (d) to read as follows: |
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| 49 | 49 | | (d) It is an exception to the application of this section |
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| 50 | 50 | | that the person who was subject to an immigration detainer request |
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| 51 | 51 | | described by Subsection (a)(1) was, at the time the detainer |
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| 52 | 52 | | request was received, younger than 18 years of age. |
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| 53 | 53 | | SECTION 4. The change in law made by this Act in amending |
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| 54 | 54 | | Section 39.07, Penal Code, applies only to an offense committed on |
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| 55 | 55 | | or after the effective date of this Act. An offense committed |
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| 56 | 56 | | before the effective date of this Act is governed by the law in |
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| 57 | 57 | | effect on the date the offense was committed, and the former law is |
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| 58 | 58 | | continued in effect for that purpose. For purposes of this section, |
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| 59 | 59 | | an offense was committed before the effective date of this Act if |
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| 60 | 60 | | any element of the offense occurred before that date. |
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| 61 | 61 | | SECTION 5. This Act takes effect on the 91st day after the |
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| 62 | 62 | | last day of the legislative session. |
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