Bill Text: TX HB359 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the verification of the immigration status of an arrested person.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-02-11 - Referred to State Affairs [HB359 Detail]
Download: Texas-2013-HB359-Introduced.html
| 83R2538 MAW-D | ||
| By: Krause | H.B. No. 359 | |
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| relating to the verification of the immigration status of an | ||
| arrested person. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 2, Code of Criminal Procedure, is | ||
| amended by adding Article 2.251 to read as follows: | ||
| Art. 2.251. VERIFICATION OF IMMIGRATION STATUS OF ARRESTED | ||
| PERSON. (a) Not later than 48 hours after a person is arrested and | ||
| before the person is released on bond, the law enforcement agency | ||
| that has custody of the person shall: | ||
| (1) verify the person's immigration status by: | ||
| (A) using the federal Secure Communities program | ||
| operated by United States Immigration and Customs Enforcement or a | ||
| successor program; or | ||
| (B) requesting information regarding the | ||
| person's immigration status from: | ||
| (i) a peace officer or other law | ||
| enforcement officer of this state who is authorized under federal | ||
| law to verify a person's immigration status; or | ||
| (ii) a federal immigration officer, in | ||
| accordance with 8 U.S.C. Section 1373(c); and | ||
| (2) notify United States Immigration and Customs | ||
| Enforcement and the judge or magistrate authorized to grant or deny | ||
| the person's release on bail under Chapter 17 if information | ||
| received following a request under Subdivision (1)(B) reveals that | ||
| the person: | ||
| (A) is not a citizen or national of the United | ||
| States; and | ||
| (B) is unlawfully present in the United States | ||
| according to the terms of the Immigration and Nationality Act (8 | ||
| U.S.C. Section 1101 et seq.). | ||
| (b) A law enforcement agency is not required to perform the | ||
| duties imposed by Subsection (a) with respect to a person who is | ||
| transferred to the custody of the agency by another law enforcement | ||
| agency if the transferring agency performed those duties before | ||
| transferring custody of the person. | ||
| SECTION 2. This Act takes effect September 1, 2013. | ||
