Bill Text: TX HB1778 | 2015-2016 | 84th 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) 2015-03-13 - Referred to Homeland Security & Public Safety [HB1778 Detail]
Download: Texas-2015-HB1778-Introduced.html
| 84R3435 ADM-D | ||
| By: Capriglione | H.B. No. 1778 | |
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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 | ||
| requesting information regarding the person's immigration status: | ||
| (A) from 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 | ||
| (B) through a program operated by an agency of | ||
| the federal government for the purpose of providing immigration | ||
| status information to law enforcement agencies; and | ||
| (2) if the information obtained under Subdivision (1) | ||
| reveals that the person is not a citizen or national of the United | ||
| States and 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.), provide notice of that fact to: | ||
| (A) the judge or magistrate authorized to grant | ||
| or deny the person's release on bail under Chapter 17; and | ||
| (B) United States Immigration and Customs | ||
| Enforcement. | ||
| (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, 2015. | ||
