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A BILL TO BE ENTITLED
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AN ACT
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relating to the verification of the immigration status of an |
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arrested person. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.251 to read as follows: |
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Art. 2.251. VERIFICATION OF IMMIGRATION STATUS OF ARRESTED |
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PERSON. (a) Not later than 48 hours after a person is arrested and |
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before the person is released on bond, the law enforcement agency |
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that has custody of the person shall: |
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(1) verify the person's immigration status by |
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requesting information regarding the person's immigration status: |
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(A) from a peace officer or other law enforcement |
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officer of this state who is authorized under federal law to verify |
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a person's immigration status; or |
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(B) through a program operated by an agency of |
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the federal government for the purpose of providing immigration |
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status information to law enforcement agencies; and |
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(2) if the information obtained under Subdivision (1) |
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reveals that the person is not a citizen or national of the United |
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States and is unlawfully present in the United States according to |
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the terms of the Immigration and Nationality Act (8 U.S.C. Section |
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1101 et seq.), provide notice of that fact to: |
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(A) the judge or magistrate authorized to grant |
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or deny the person's release on bail under Chapter 17; and |
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(B) United States Immigration and Customs |
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Enforcement. |
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(b) A law enforcement agency is not required to perform the |
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duties imposed by Subsection (a) with respect to a person who is |
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transferred to the custody of the agency by another law enforcement |
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agency if the transferring agency performed those duties before |
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transferring custody of the person. |
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SECTION 2. This Act takes effect September 1, 2015. |