|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the repeal of certain provisions governing state and |
|
local enforcement of immigration laws and other provisions related |
|
to immigration law. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. The following provisions that are effective |
|
September 1, 2017, are repealed: |
|
(1) Articles 2.13(d) and (e), Code of Criminal |
|
Procedure, as added by S.B. 4, Acts of the 85th Legislature, |
|
Regular Session, 2017; |
|
(2) Article 2.251, Code of Criminal Procedure; |
|
(3) Article 17.16(a-1), Code of Criminal Procedure; |
|
(4) Article 42.039, Code of Criminal Procedure; |
|
(5) Section 402.0241, Government Code; |
|
(6) Subchapter C, Chapter 752, Government Code; |
|
(7) Section 772.0073, Government Code, as added by |
|
S.B. 4, Acts of the 85th Legislature, Regular Session, 2017; |
|
(8) Section 87.031(c), Local Government Code; and |
|
(9) Section 39.07, Penal Code. |
|
SECTION 2. Article 17.16(a), Code of Criminal Procedure, as |
|
effective September 1, 2017, is amended to read as follows: |
|
(a) A surety may before forfeiture relieve the surety of the |
|
surety's undertaking by: |
|
(1) surrendering the accused into the custody of the |
|
sheriff of the county where the prosecution is pending; or |
|
(2) delivering to the sheriff of the county in which |
|
the prosecution is pending and to the office of the prosecuting |
|
attorney an affidavit stating that the accused is incarcerated in[:
|
|
[(A)] federal custody, in [subject to Subsection
|
|
(a-1);
|
|
[(B)] the custody of any state,[;] or in |
|
[(C)] any county of this state. |
|
SECTION 3. 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 on the 91st day after the last day of the |
|
legislative session. |