Bill Text: TX SB108 | 2017 | 85th Legislature 1st Special Session | Introduced
Bill Title: Relating to the enforcement of federal immigration law at places of worship, hospitals, public schools, and courthouses.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2017-07-26 - Filed [SB108 Detail]
Download: Texas-2017-SB108-Introduced.html
| 85S10808 JRR-D | ||
| By: Garcia, Rodríguez | S.B. No. 108 | |
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| relating to the enforcement of federal immigration law at places of | ||
| worship, hospitals, public schools, and courthouses. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 2, Code of Criminal Procedure, is | ||
| amended by adding Article 2.255 to read as follows: | ||
| Art. 2.255. ENFORCEMENT OF FEDERAL IMMIGRATION LAW AT | ||
| PLACES OF WORSHIP, HOSPITALS, PUBLIC SCHOOLS, AND COURTHOUSES. (a) | ||
| A law enforcement agency or other governmental entity that employs | ||
| a peace officer shall adopt and enforce a policy that prohibits the | ||
| agency's or entity's peace officers from participating in the | ||
| enforcement of federal law relating to aliens, immigrants, or | ||
| immigration, including the federal Immigration and Nationality Act | ||
| (8 U.S.C. Section 1101 et seq.), on the property of a place of | ||
| worship, hospital, public school, including a public institution of | ||
| higher education, or courthouse. | ||
| (b) The attorney general, in consultation with agencies and | ||
| entities described by Subsection (a), shall develop and publish a | ||
| model policy on the attorney general's Internet website for the | ||
| enforcement of federal immigration law at places of worship, | ||
| hospitals, public schools, and courthouses to ensure that those | ||
| facilities remain safe and accessible to all residents of this | ||
| state regardless of immigration status. | ||
| SECTION 2. Section 752.053, Government Code, as effective | ||
| September 1, 2017, is amended to read as follows: | ||
| Sec. 752.053. POLICIES AND ACTIONS REGARDING IMMIGRATION | ||
| ENFORCEMENT. (a) Except as provided by Article 2.255, Code of | ||
| Criminal Procedure, a [ |
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| may not: | ||
| (1) adopt, enforce, or endorse a policy under which | ||
| the entity or department prohibits or materially limits the | ||
| enforcement of immigration laws; | ||
| (2) as demonstrated by pattern or practice, prohibit | ||
| or materially limit the enforcement of immigration laws; or | ||
| (3) for an entity that is a law enforcement agency or | ||
| for a department, as demonstrated by pattern or practice, | ||
| intentionally violate Article 2.251, Code of Criminal Procedure. | ||
| (b) Except as provided by Article 2.255, Code of Criminal | ||
| Procedure [ |
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| campus police department, in compliance with Subsection (a), may | ||
| not prohibit or materially limit a person who is a commissioned | ||
| peace officer described by Article 2.12, Code of Criminal | ||
| Procedure, a corrections officer, a booking clerk, a magistrate, or | ||
| a district attorney, criminal district attorney, or other | ||
| prosecuting attorney and who is employed by or otherwise under the | ||
| direction or control of the entity or department from doing any of | ||
| the following: | ||
| (1) inquiring into the immigration status of a person | ||
| under a lawful detention or under arrest; | ||
| (2) with respect to information relating to the | ||
| immigration status, lawful or unlawful, of any person under a | ||
| lawful detention or under arrest, including information regarding | ||
| the person's place of birth: | ||
| (A) sending the information to or requesting or | ||
| receiving the information from United States Citizenship and | ||
| Immigration Services, United States Immigration and Customs | ||
| Enforcement, or another relevant federal agency; | ||
| (B) maintaining the information; or | ||
| (C) exchanging the information with another | ||
| local entity or campus police department or a federal or state | ||
| governmental entity; | ||
| (3) assisting or cooperating with a federal | ||
| immigration officer as reasonable or necessary, including | ||
| providing enforcement assistance; or | ||
| (4) permitting a federal immigration officer to enter | ||
| and conduct enforcement activities at a jail to enforce federal | ||
| immigration laws. | ||
| (c) Notwithstanding Subsection (b)(3) and subject to | ||
| Article 2.255, Code of Criminal Procedure, a local entity or campus | ||
| police department may prohibit persons who are employed by or | ||
| otherwise under the direction or control of the entity or | ||
| department from assisting or cooperating with a federal immigration | ||
| officer if the assistance or cooperation occurs at a place of | ||
| worship. | ||
| SECTION 3. This Act takes effect December 1, 2017. | ||
