Bill Text: TX HB592 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the duties of a law enforcement agency regarding the immigration status of an arrested person and the enforcement of an immigration detainer.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-02-23 - Referred to State Affairs [HB592 Detail]
Download: Texas-2015-HB592-Introduced.html
| 84R2096 ADM-D | ||
| By: Krause | H.B. No. 592 | |
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| relating to the duties of a law enforcement agency regarding the | ||
| immigration status of an arrested person and the enforcement of an | ||
| immigration detainer. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 2, Code of Criminal Procedure, is | ||
| amended by adding Articles 2.251 and 2.252 to read as follows: | ||
| Art. 2.251. DUTIES RELATED TO ARRESTED PERSON. (a) Not | ||
| later than 48 hours after a person is arrested and before the person | ||
| is released on bond, a law enforcement agency performing the | ||
| booking process shall: | ||
| (1) review any information available under the federal | ||
| Secure Communities program operated by United States Immigration | ||
| and Customs Enforcement or a successor program; or | ||
| (2) request information regarding the person's | ||
| immigration status from: | ||
| (A) 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) a federal immigration officer, in accordance | ||
| with 8 U.S.C. Section 1373(c). | ||
| (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. | ||
| Art. 2.252. DUTIES RELATED TO IMMIGRATION DETAINER. A law | ||
| enforcement agency that has custody of a person subject to an | ||
| immigration detainer issued by United States Immigration and | ||
| Customs Enforcement shall: | ||
| (1) provide to the judge or magistrate authorized to | ||
| grant or deny the person's release on bail under Chapter 17 notice | ||
| that the person is subject to an immigration detainer; and | ||
| (2) detain the person as required by the immigration | ||
| detainer. | ||
| SECTION 2. This Act takes effect September 1, 2015. | ||
