Bill Text: TX HB1455 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to the release or discharge by a law enforcement agency of certain illegal immigrants at the office of a United States senator or United States representative.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2011-05-02 - Committee report sent to Calendars [HB1455 Detail]
Download: Texas-2011-HB1455-Comm_Sub.html
| 82R5044 MAW-D | ||
| By: Kolkhorst, Madden, et al. | H.B. No. 1455 | |
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| relating to the release or discharge by a law enforcement agency of | ||
| certain illegal immigrants at the office of a United States senator | ||
| or United States representative. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 16, Code of Criminal Procedure, is | ||
| amended by adding Article 16.23 to read as follows: | ||
| Art. 16.23. RELEASE OR DISCHARGE OF CERTAIN ILLEGAL | ||
| IMMIGRANTS. (a) In this article, "illegal immigrant" means a | ||
| person who: | ||
| (1) is not a citizen or national of the United States; | ||
| and | ||
| (2) is unlawfully present in the United States | ||
| according to the terms of the Immigration Reform and Control Act of | ||
| 1986 (8 U.S.C. Section 1101 et seq.). | ||
| (b) This article applies only to an illegal immigrant who: | ||
| (1) is entitled to be released on bail or discharged | ||
| following the completion of the immigrant's sentence; and | ||
| (2) is not subject to an immigration detainer issued | ||
| by United States Immigration and Customs Enforcement prohibiting | ||
| the person's release or discharge. | ||
| (c) A law enforcement agency that has custody of an illegal | ||
| immigrant to whom this article applies may: | ||
| (1) release or discharge the illegal immigrant at the | ||
| office of a United States senator or United States representative | ||
| during that office's normal business hours; and | ||
| (2) request an agent or employee of the United States | ||
| senator or United States representative to sign a document | ||
| acknowledging the release or discharge of the illegal immigrant at | ||
| the senator's or representative's office. | ||
| (d) Subsection (c) does not apply to an illegal immigrant | ||
| for whom release or discharge at a location described by Subsection | ||
| (c) is prohibited by a court order or other law. | ||
| (e) A law enforcement agency may maintain a record of each | ||
| illegal immigrant released or discharged from the custody of the | ||
| agency who is not transferred to the custody of United States | ||
| Immigration and Customs Enforcement. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2011. | ||
