By:
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Perry S.B.
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No.
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4A BILL TO BE ENTITLEDAN ACTrelating to the enforcement by certain governmental entities ofstate and federal laws governing immigration and to the duties oflaw enforcement agencies concerning certain arrested persons.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:SECTION
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1.
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Chapter 2, Code of Criminal Procedure, isamended by adding Articles 2.251, 2.252, and 2.253 to read asfollows:Art.
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2.251.
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ENFORCEMENT OF FEDERAL IMMIGRATION LAW. (a) Apeace officer may not stop a motor vehicle or conduct a search of abusiness or residence solely to enforce a federal law relating toimmigrants or immigration, including the federal Immigration andNationality Act (8 U.S.C. Section 1101 et seq.), unless the officeris acting:(1)
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at the request of, and providing assistance to, anappropriate federal law enforcement officer; or(2)
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under the terms of an agreement between the lawenforcement agency employing the officer and the federal governmentunder which the agency receives delegated authority to enforcefederal law relating to immigrants or immigration.(b)
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A peace officer may arrest an undocumented person onlyif the officer is acting under the authority granted under Article2.13.Art.
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2.252.
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DUTIES RELATED TO CERTAIN ARRESTED PERSONS.123456789101112131415161718192021222324
85R3668 SCL/ADM-D
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(a) If a person is arrested and is unable to provide proof of theperson
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s lawful presence in the United States, not later than 48hours after the person is arrested and before the person is releasedon bond, a law enforcement agency performing the booking processshall:(1)
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review any information available from the federalPriority Enforcement Program operated by United States Immigrationand Customs Enforcement or a successor program; and(2)
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if information obtained under Subdivision (1)reveals that the person is not a citizen or national of the UnitedStates and is unlawfully present in the United States according tothe terms of the federal Immigration and Nationality Act (8 U.S.C.Section 1101 et seq.):(A)
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provide notice of that fact to the judge ormagistrate authorized to grant or deny the person
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s release on bailunder Chapter 17; and(B)
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record that fact in the person
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s case file.(b)
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A law enforcement agency is not required to perform aduty imposed by Subsection (a) with respect to a person who istransferred to the custody of the agency by another law enforcementagency if the transferring agency performed that duty beforetransferring custody of the person.(c)
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A judge or magistrate who receives notice of a person
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simmigration status under this article shall record that status inthe court record.Art.
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2.253.
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DUTIES RELATED TO IMMIGRATION DETAINER. (a) Alaw enforcement agency that has custody of a person subject to an123456789101112131415161718192021222324252627S.B.
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No.
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immigration detainer issued by United States Immigration andCustoms Enforcement shall:(1)
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provide to the judge or magistrate authorized togrant or deny the person
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s release on bail under Chapter 17 noticethat the person is subject to an immigration detainer;(2)
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record in the person
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s case file that the person issubject to an immigration detainer; and(3)
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comply with, honor, and fulfill the requests madein the detainer.(b)
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A law enforcement agency is not required to perform aduty imposed by Subsection (a)(1) or (2) with respect to a personwho is transferred to the custody of the agency by another lawenforcement agency if the transferring agency performed that dutybefore transferring custody of the person.(c)
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A judge or magistrate who receives notice that a personis subject to a detainer under this article shall record that factin the court record, regardless of whether the notice is receivedbefore or after a judgment in the case.SECTION
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2.
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Chapter 42, Code of Criminal Procedure, isamended by adding Article 42.039 to read as follows:Art.
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42.039.
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RELEASE INTO FEDERAL CUSTODY. (a) Thisarticle applies only to a criminal case in which:(1)
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the judgment requires the defendant to be confinedin a secure correctional facility; and(2)
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the judge:(A)
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indicates in the record under Article 2.253that the defendant is subject to an immigration detainer; or123456789101112131415161718192021222324252627S.B.
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No.
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